Wichita eagle. [volume] (Wichita, Kan.) 1886-1890, 1889-09-11
UNITED STATES COURT.
In Two Indictments Against the Clawsons
Verdict of Guilty is Returned
The Thomas Case.

son and Tindle case, and after reviewing
the evidence he told the jury that there
was two charges against the defendants.
He then sent the jury to the consulting
rooms in charge Of a bailiff.
At 2:30 the jury in the Clawson and
Tindle case filed back into the court room
and We're asked by Judge Foster if they
had agreed upon a verdict. The verdict
was then passed to Clerk Wilson. The
defendants were not in the court
room and deputy was sent
after them. There were two cases against
the defendants and the same verdict was
rendered in both. Upon the arrival of the
defendants the following verdicts were
read:
We, the jury in the above entitled cause,
upon our oaths duly sworn, do find the de-
PENDANTS, Garrett Clawson and Benton
Clawson, guilty as charged in the indict-
ment. and the defendant, Rufus Tindle,
not guilty. j. w. RICHARDSON,
Foreman.
The other verdict was exactly the same
in all details. After the reading of the
verdicts the judge then discharged the
jury.
The Thomas horse stealing case was
then called. The government charged
that these two men are part Of a band who
have for sometime infested the Indian
territory, stealing and getting away with
horses and other stock. The defendants,
William and Henry Thomas, are father
and son. The elder is a gray-haired old
man with long gray beard and does not
look like a tough customer Henry is a
young man who does not look much over
twenty.
The jury was empaneled and District
Attorney Perry arose and stated to the
jury the charge against the defendants.
1t appears that in the spring of 1887, or
one year before the robbery occurred, a
number Of people had gathered at the
home Of Mr.. Thomas. in Cowley county.
and did then and there form
a conspiracy to rob the Indians of horses.
The younger Thomas was probably the
chief of the gang who made the Thomas
homestead their headquarters. Their plan
was to run stock from off the range over
into Kansas and place them in the Thomas
pasture They were to be shipped out of
the country and sold. Mr.. Perry said it
was in fact thoroughly well organized
band of horse thieves and their depreda-
lions We're committed against the Usage
Indians who, after discovering the loss of
their property tracked the horses to the
pasture of the Thomas and recovered
them. They then caused the arrest of the
defendants.
After stating the charge to the jury Mr..
Perry arose and calling off the witnesses
for the prosecution had them sworn. The
witnesses for the defense were treated in a
like manner and then the examination
commenced.
District Attorney Perry appeared for the
government, while the defendants were
represented by J. p Shiveley and A. J.
Miller, of Winfield.
Sam Gardner was the first witness
called by Attorney Perry. He stated that
he has been a resident of the Indian terri
tory since last spring but for years previ-
Gus had lived in Cowley county. Knew
defendants we'll. Several years ago in
company with Lon Thomas and Henry
Powell had lett the house of Henry
! Thomas and went to Arkansas City pro-
ceeding from there to the Ponce agency
and from there to the Usage country. Said
they discovered ten good horses at the
latter place and at night stole the animals
and started across the country for Kansas.
One of the horses died on the road and the
other nine were landed on the second night
ia the pasture of a man named Marsh.
The stock We're driven on the following
night 90 the Thomas ranch, and there an
equal division was made between the three
| men who had committed the theft. Will
! liam and Henry Thomas were present at
! the time of this division. Witness said he
received three of the horses as his share.
Henry Powell was then called to the
stand and sworn. Is a resident of Cowley
county and knew the defendants. He
| stated that in the spring of 1887 he. to-
gether with the Thomases and others.
| banded themselves together for the pur-
! pose of stealing horses from the territory.
He then entered into the details of the
plot and told that the organization of the
! band took place at the house of the de-
| PENDANTS. He then told about the trip
into the territory. which was in main the
same as the preceding witness.
Isaac Silverthorn on taking the witness
| stand said he resided in Cowley county
about seven miles from the Thomas resi-
dence. Knew the defendants. He then
took a map of the country where he lives
/ and described the location of the farm and
I pasture belonging to the ThOmases. He
said he had seen as many as thirty head of
horses and Indiaa ponies in the Thomas
pasture at one time. Saw people put
! horses in the pasture at night. These
! happen ings occurred about two or three
weeks apart. Seen the Thomas family
/ take the horses ont of the pasture and
! drive them in the direction of the Thomas
residence. The court then adjourned I'M
/ til , D. IN.
| At O'Clock Judge Foster again took his
seat and the testimony in the Thomas
case was again resumed. As the cross-ex-
animation OF Mr.. Silv9rthorl was not con-
/ cluded lie was again called to the witness
stand The attorneys for the defense tried
to break up his evidence but failed and
/ during the DISCRIMINATION the judge
/ had TO contine them to the case in hand
and questions relating 10 it.
/ DIR. Riley was then called to the stand
and testified to knowing the defendants.
I He then entered into detail of where the
/ Thomas family lived and how far he re-
/ sided from them. Had resided in that
/ part OF the country for the past twelve
years He then testified TO seeing horses
/ or ponies in the pastures referred to. In
| Juue. 1855. he said he saw about sixty head
/ Of horses in the pasture at one time. He
said the gathering OF these horses kept on
/ for over a year. said the horses and
| ponies were put in the pasture and taken
out in the night. Saw Thomas and several
/ OF his sous take the stock out in the night
time. Said that about once a month the
/ horses would be gone and in a few days
I ,,,z.,,v.. would q Iot I'm