Wichita eagle., 1889-09-05

many of whom found it impossible to OBJ
tain seats.
The judge opened again on the Lemon
murder case. The evidence being all in on
Tuesday, at opening of court yesterday
morning District Attorney Perry arose
and addressed the jury for tine govern
ment. In his remarks he said it was not
necessary to weary the jury with rehash
of the case, as even the evidence for the de-
Tense was enough to show that the murder
was committed without any provocation.
He then rested.
Attorney Sumner in taking up the de-
Tense summed up the evidence. The judge
severa ltimes through his discussion had
to bring him back to his theme. He en-
deayored to show that the prisoner acted
solely in self defense, as the murdered man
had IN his hands loaded gun. He also
tried TO show that Webster had no author
ity in taking gun to arrest Lemon, as
the latter had committed no felony. In
winding I'D he said that as only two YER
diets could be rendered in the United
States court-one for manslaughter and
the other for murder-he would leave his
client in the hands of the jury, and asked
them to bring in verdict of man
slaughter.
District Attorney Perry then resumed
his discourse. He said he had refrained
from saying much as he did not wish to
weary the jury, but he knew that they
would be wearied before the case was fin
ished as he had known his friend On the
defense for some time. He did not know
what Mr.. Sumner had been talking about
fp,. he f,e e no I G
a rational being at the time he killed
Webster then it was the duty of the jury
as citizens of this country to show so by
their verdict. He further said that the
evidence was perfectly plain that the MUIR
der was without excuse. He then wound
UP by saying that he did not think it was
necessary to make long speech, the evil
dence being so plain. When the time
came he would infict speech on them.
He then left the case with the jury hoping
| they would do their duty.
Judge Foster then addressed the jury
aying that in the indictment and from
the evidence it was shown that in the
month of May within the jurisd lction OF
this court David Lemon did shoot and kill
Porter Webster with malice aforethought.
1t is for you TO decide in the light of the
law whether the crime is murder or man
slaughter. In the practice of this court
we have 10 different degrees of murder or
manslaughter. If you are satisfied with
the evidence that Lemon did shoot and
kill Porter Webster it is your duty to find
the prisoner guilty, and if you are
not satisfied then give the
prisoner the benefit. He then
| explained to the jury the meaning of the
| term malice aforethought." He said
! that If hatred had been shown on the part
| of the prisoner, even if such hatred had ex
! listed for only minute previous to COM
hitting the crime, then it was done with
malice aforethought. Passing from that
| to mansaughter he said that mapslaught
! er should be characterized as an act com
mitted in the heat of passion but without
| a deliberate act to take life. He then con.
tinued and said that the prisoner Lemon
was Il member of the guard that day anC
! that he was in state of anger toward
whom and for what cause was not eX
planned. But. continued the judge, bt
that as it may he took his gun deliberate
| ~ loaded it and started toward Laundry
| Row looking for someone but who it was
/
| to rehash the evidence which had beer
given by the different witnesses, all o.
which was to the effect that Lemon haC
deliberately shot and killed Webster. HI
wound up his charge with. a complet,
resume of the case.
The jury retired to the jury rooms
in the Dorsey block at II O'Clock
in charge of a bailiff They
arrived at Il verdict AT 1890 but did not re
turn to the court room until O'Clock
! Taking seats they were asked by the judge
! if they had arrived at verdict Foreman
! William Hinkle replied that they were
ready with verdict which he handed K
| Clerk Wilson The clerk then read the
paner which contained the following:
We the jury in the above entitled cause
! duly empowered and sworn. upon oul
oaths. find the defendant David Lemon
! guilty as charged in the Indictment.
WILLIAM iINKLE, Foreman.
Judge Foster then discharged the jury
until o'clock this morning.
As soon as the jury had retired in tn,
Lemon case. the judge, at 11:15, called thu
case of Jim Jones, alias whisky Jim,
charged with larceny. The prisoner wa
asked if he was guilty or not when h.
! answered that he was guilty. Tn
Judge then sentenced him TO ninety days
The next case was that of William
Gunter charged with the murder of vii
liam Frohwine The murder occurred il
the Indian nation near the town of Bax
ter Springs. 1t was committed on Sun
day, the 9Th day of June, 1SS1. L. Z
Enoch and c. a. MARYLAND appeared 70
the defense.
The clerk then swore the following jury
+. c. Helvie, !. c. Caldwell, j. W. Rich
arison, W. II. Clark, L. L. Thompson
| William Rodenbaugh, L. B. Weidenhei
mer, o. G. Ingmire. James Q. Graham
William Stelter, (. j. Schrack, a
I Bruhu.
An intermission was then taken unit
1850 p. m.
At l:30 Clerk Wilson called the jury
when they were sworn.
Attorney Perry then read the charge t
the jury and stated the facts in the case
He said that the only eyewitness to tn
shooting was one Thomas Gunter, son o
the defendant The dead man was foun,
lying in the road with a load of shot in tn
right side of his head. which had tori
/ away part OF the lace. Inc sno1 WAS HFe'
from double barreled shotgun. Ii wa
shown that Gunter lived a short distanc,
from the place where the body was found
and that conversation took place tina
day between Gunter and his wife and hi
son, the result Of which was that Mrs
Gunter said. You had better so away.
Gunter then saddled horse and dissp
peared. leaving his home and belongings
Ii was over a year before ne was found an,