Wichita eagle., 1889-09-04
UNITED STATES COURT.
Getting Down to Work-The Jury Sworn and
the Case Of Lemon, Charged With
Murder, on Trial

the Garfield hall The large room has
been fitted up and makes very attractive
court room, At the west end of the hall is
placed Judge Fosters desk. which is raised
| above the level of the hail. At his right
sit the jury and the witness under exam
! ination. Facing him are the attorneys,
| and on his left are the desks Of the mar
shall and clerk of the court. A railing
runs across the hall which separates the
spectators and those connected with the
| cases.
| At the hour above mentioned the judge
entered the court room accompanied by
United States Attorney Perry, Assistant
United States Attorney Hagen. United
States Marshal Walker, and Clerk of the
Court Wilson. The grand jury filed into
their seats and were sworn by Clerk Will
son. The Judge then instructed the jury
as to their duties. The following is the gist
of his charge: 1T becomes your duty to
investigate all offenses in the Indian
territory east of the Tooth meridian, north
of the Canadian river, not including
Greek and Seminole reservations. You
will perhaps be called upon to Investigate
almost all crimes within the decalogue of
criminality. 1t seems to me that there is
more crime in the Indian territory than
the population warrants. l hope and trust
that they will soon have local self-govern-
ment in the territory so that il will take
the territory from under our jurisdiction. :"
The grand jury then retired to the jury
room, in the Dorsey block, under the
charge of Court Balitf Henry billiard. The
grand jury witnesses retired also.
The names of petit jurors was called.
Forty-three jurors responded.
The Judge then called the docket and set
cases for trial A number of cases were
stricken from the docket as the defendants
had either died or escaped from custody.
In the case Of NJ. A. Soule, charged with
murder, an affidavit from the county
clerk of Butler county. Kan, was read,
which showed that u. a. Soule was dead.
The judge set aside forfeiture of bond NJ.
A Soule was tried at last
term Of court for the murder of old man
Handy in the Indian territory. The wife
and daughter of Handy were arrested at
the time as accessories of the crime, it be-
ing claimed that the daughter of Handy
handed Soules the gun with which he done
the shooting. In this case the jury hung.
In the case of David Lemon Attorney
Sumner asked for a continuance on the
ground that one of their witnesses, Will
lam A Basey, had not been properly sub
pensed They expected to prove by the
absent witness that Porter Webster, who
was a superior officer over Lemon, had re-
ported to the commanding officer certain
charges against nature on the part OF
Lemon and that in consequence the two
men held an enmity toward each other
and that Webster had threatened to kill
Lemon at sight. Defense would therefore
endeaYor to prove self defense on the part
of Lemon Judge Foster said that the
absent witness, who was a stevedore or
roustabou for the Santa Fe railroad at
Arkansas City. could be here on the
afternoon train. He appointed Sumner
to defend Lemon. District Attorney Perry
then stated the case to the jury.
Porter Webster sergeant in the regu-
lar army, was killed ct Fort Reno, L. T.,
May Is, 1885, about u o'clock noon, by
gun in the hands of David Lemon, a pri-
vate soldier. The weapon used was 40
calibre Springfield rife.
An intermission was then taken until 2
p. IN.
The following are the jurors on the case:
A. r. Downing, G, w. Friend. James
Finch, A. Wentburg, William Alderman,
John Howe, James Mclean, Thomas
Weir, E. C. Jeffries. Harvey Van Tress,
William Kinkle and Thomas j. Kirber.
At 2 o'clock the court reconyened ana
Attorney Perry again stated the case to
the jury, reading to them the Indictment
which had previously been found against
I c,ll IA
and sworn.
Private Myers, of company II, Twenty
fourth infantry, was the first witness
called for the prosecution. lie stated that
he was on guard the morning of shooting
and was called to assist in arresting Lem
on for disobeying orders. He was called
by Private BufOrd who had Border from
Sergeant Webster to bring Lemon to the
guard house The detail started for the
place where Lemon was going-a line
of tents called Laundry Row, on account
of it being the place where the washer
women of the fort had their quarters-and
upon arriving at the Row they saw Lemon
when Buford called 10 him to halt as he
was ordered to arrest him. Lemon had
turned and told Buford to 90
back if he knew what was
good for him Buford then told
him NIyers) to remain and watch
Lemon while he returned and informed
Webster of the state of affairs. Webster
then appeared on the scene and ordered
Lemon to Lay down your gun. throw up
your hands. want YOU. :" The prisoner
then answered and said, Sergeant, unload
your gun" Webster then told Lemon
that his gun was not loaded, and again re-
peated his order. Lemon then said, Go
away and leave me or Will shoot you; by
Cd I'll shoot you anyway" He then
fired on Webster who fell and immedi-
ately expired.
Private Buford, Of company K was
the next witness called. He stated that
he was ordered By Sergeant Webster TO
take file of guards and arrest Lemon.
He said that when he came near the pris-
oner that he was confronted with gun
and told to go back If be did not want TO
be shot. Retaining he Informed Sergeant
Webster that the prisoner would not sub
nit TO arrest and was menacing them with
gun. Webster said he would arrest
Lemon, and picking up his gun
started on run for the Row. The
witness was not able to keep up with the
sergeant, consequently did not arrive il
time 10 hear what words passed between
them. He stated that as he turned the
corner OF 4. building he saw Lemon FIRE and
Webster fall Lemon then started into
tent when the witness shot at him aud
missed. He then shot again at his head.
which he could see as he was passing
through the tent, but again missed him.
Cantai, Lnhn Van z. Hoff senior sur-