Wichita eagle., 1889-09-12

l
statements. Said Lott was accompanied
by another man and that they had four
horses all told.
| A short intermission was then taken
after which Joseph Carton was then
called. Said he resided in the Pawnee
agency and was a member of that tribe.
| knew all the witnesses and then describ-
ed the farm and horses belonging to Cap
tain Chuachua.
w. A. Jarrete was then called
| but was not in the court room.
Several other witnesses were called
| but they also were not in the court room
| The prosecution then closed with the priv
llege OF calling the witnesses mentioned
in the above paragraph if they came into
the court room,
Emmett Callahan, as an attorney for the
| defense, then arose and gave synopsis OF
| the testimony which the defense would
| produce. He illustrated his remarks by
the use of map or diagram of the country
| in which the crime was committed. He
| said further that they would prove that
| the horses were not in the possession Of the
| Thomas but that man named Wiley
| had the horses in his possession. The de-
|
| them sworn.
VIII Avery was the,first witness and he
| testified that he was running
| restaurant in Hunnewell at the
| time the horses were said to have been
| stolen. Said the defendant and man
named Wiley came to his house one night
and engaged room. Said that Wiley
wanted to trade the horses mentioned in
| the indictment to him avery, but he did
not want to make a trade.
Mr.. Rhoades was then placed on the
| stand and said he resided in the Indian
| territory. Knew the defendant and stated
| that the defendant and the man Wiley
came to his house soon after the time men,
toned in the Indictment and that Wiley
offered to trade horse to the witness the
next morning. About ten days.after that
Lott came back to his house and on that
occasion he was riding the horse that
Wiley had ridden On the previous visit.
He then learned the defendants name
and told him that there was a
warrant out for his Lott's) arrest. Lott
then learned what the warrant was for
and showed the witness a bill Of sale for
the horse he rode.
Charles Milks, of Arkansas City, then
took the stand and said he was living on
Cobbs ranch in the Indian territory in
March and April, IS. Was there when
Lott and Wiley came to the ranch to trade
horses. Saw Lott trade bay horse to
Wiley for a brown and saw Wiley ride
away on the bay horse. Has not seen
Wiley since. Got acquainted with Lott
about three years ago. Saw that the
horse Wiley traded to Lott was branded
the same as the Indian chief Chauchau' S
horses were.
The defendant, Robert Lott, was
then sworn and testified. Said
his home was in Mobile, Ala. came to the
territory in 1854 and went to work as a
cowboy Said he was On his way to Hun
newell when he met the man, Wiley, and
| from him he bought spotted horse. He
then traded again to a man named Smith.
near Hovington. Continuing, he said
that Wiley wanted to trade the brown
horse he was riding for the horse which
Lott was riding. but the latter told him
that the horse was not his but that he had
horse at a ranch which he would trade
Together they went to the place where the
horse was and there the trade was made.
1t was about three weeks after the trade
was made that he was arrested
Court then adjourned until S p. IN.
EVENING SESSION.
When court convened at S o'clock last
evening Robert Lott was placed on the
stand and was subjected to a cross-eXami-
nation. Said he came into this country
from the south four years ago and went to
HInnpyVEH n n II
ness and for the purpose of seeing his
cousins. Borrowed a horse from a man
named Beatty in 1887. Met Wiley about
Christmas. Did not see him again until
he bought the horses from him. Said that
on the way to Hunnewell they met In
dams who were in camp. Wiley pulled
his hat over his eyes and Lott
spoke TO them. He traded for spotted
horse and saddle one hour after they had
met the Indians. Paid Wiley with $50
check he had in his pocket. The check
was payable to his Uott's) order, signed
by a man named Bowen and made payable
at bank at South Haven. Resold the
horse to man named Smith for S12 as he
considered the saddle worth S23. Said his
cousin, Lester Lott, of Hunnewell, cashed
the check.
One of the Indians was recalled but his
testimony was similar to that which he
gave in the afternoon.
Mrs Jack Goodson was then recalled.
Said that Wiley was leading a spotted
horse and riding bay when her husband
and herself met them on the road, and
that Lott was leading a bay horse. The
men We're riding close together and the
IL,
closed the testimony and the attorneys
then prepared to deliver their arguments.
District Attorney Perry opened for the
government. He stated the startling ar
ray of evidence which was handed in
against the defendant was enough to con-
vince the jury of his guilt without any
long speech from him. He then briefly re-
viewed the case, and in a clear and concise
manner went through the indictment and
testimony, which they also had heard. He
then rested.
Museller then opened for the defeDse.
Said that the defendant had labored under
the disadvantage of not being able TO pro-
cure his witnesses. That he had been
made to deposit money to bring the wit
nesses, and when the time came for the
trial the witnesses that the defendant had
counted on were not on hand. He then
briefly reviewed the evidence introduced
by the prosecution and then dwelt on the
story told by the defendant. He wound
up by saying that rbe jury would do fair
If they would return a verdict of not
guilty.
Emmett Callahan then addressed the
jury for the defense. He told how he had
met the defendant year ago a