Wichita eagle., 1889-09-13
Morgan. Perry then commenced to cross


was the owner of. A short intermission
was then taken. Continuing, Clawson
said he was again arrested for stealing a
horse from man in Montgomery county,
Kan. He was again arrested for the
theft of a COW. In explaining
the theft of the corn said be
was sent to buy the corn and that his
mother gave him the money. He fell IN
with some other young men and drank up
the money. He then stole the corn and
took it back to his mother.
Rufus Tindle on being called to the
stand said that he had heard the testimony
of the witnesses, Hampton and Morgan. He
denied the whole story told by them.
Said he did not know that Green was the
owner of the horses. Said he had never
helped, been with. or known that they had
stolen anything. Had never known that
any thieving was donejn that county until
Hampton and Morgan had made their ap-
pearance. On cross-eXamination said he
been living near the Clawson's for nearly
four years. Had been arrested for disturbing
the peace and also on these charges. Had
nothing TO do with the stealing of horses,
ponies or hogs. He belonged in the
Chickasaw country but had not been that
part of the country for ten or eleven years.
Said he was only part Indian.
Mrs Carville on being sworn said that
Garrett took the hogs to Caneyville and
stated that Hampton and Morgan were
not at their house on the Sunday night IN
question. Cross-examined-Said that
Garret went to Caneyville alone and
Hampton came back with him. She was
keeping house for the Clawsons. Did not
live with her husband long. AT that time
her husband bas dodging around from the
marshal Has three children now, eldest
five years.
Benton Clawson recalled. Nothing i'm
portant.
J. ID. McBryan, attorney at law Of Sedan,
Mo-, was called and testified that Hamp-
toms reputation was bad.
Johnston Wyles, of Cedarvale, tested
to being acquainted with Tindle for the
past ten years and prior to this arrest had
known him as an honest, truthful boy.
Was arrested after coming to the Ciawson
neignborhood
The counsel then submitted the case to
the jury without argument and after the
judge had delivered his charge he ordered
the jury to the consultation room.
On the departure of the jury in the
Clawsons case the jury in the Lott case
then filed into the court room and stated
that they had not arrived at a verdict and
there was no prospect of their doing so
The judge then discharged the jury.
This was the first case this term where
the jury has hung. During the time the
Jury were out fifteen ballots were taken,
and during the time of balloting the vote
stood eight for acquittal and four for con-
yiction. The jury returned at 3 O'Clock,
after being out for almost eight hours
The case of Samuel McGee, charged
with selling Intoxicating liquors to the
Indians, was then called. District AttOr-
ney Perry appeared for the government,
and r. ]. Hill, of independence, Mo-, and
j. V. Beekman, of Sedan, Mo-, appeared
for the defense. a jury was then empan-
eled and sworn.
Mr.. Perry arose and stated the case to
the jury. After telling what the crime
was he wound up by saying that the high
est penalty that could be inflicted in case
of this kind was a fine of $1,000 and I'M
prisonment for two years.
Frank Chouteau was sworn and took the
stand He knew the defendant and saw
him about June. 1887. This was the only
time he saw McGee in the agency. The
latter was accompanied by man namod
Rogers; and the witness accompanied the
3atter to the place where the whisky was
kept and bought a gallon. Does not know
what happened after that. as he got
drunk.
Stephen Bellau was then called and
sworn, Said he lived,in the Usage agency.
Knew the defendant, having seen him at
the Usage agency. McGee was with
Rogers at the time. They drove down
there in buggy,
At this point the jury in the Clawson
case filed into court, after being out only
hour and returned verdict of not guilty.
The jury was then discharged.
Jack Whalen, who resides in the Usage
nation, was then called. His testimony
was similar to the testimony of the above
witnesses. Court was then adjourned
until p. N.
EVENING SESSION.
AT o'clock the McGee case was again
taken up. Several witnesses were exam
ined but nothing further was elected.
The defense then took up the case and
put the defendant on the stand. McGee
said he lived at Elgin, Chautauqua county,
and is at present engaged in driving eX-
press and carrying mail. Never took
LIQUOR into the territory. The defendant
then entered into long account OF the
trip he took into the territory which was
TO the effect that he went there to look for
work.
Frank Roadway was then sworn and
stated that he is acquainted with the de-
fendant. Also knows his father. Has
known them for about six years. Said
McGee is good industrious and truthful
young man.
Mr.. Heard on being sworn said he
lived in the territory three miles
from Elgin. Has lived there
nineteen years. Has known the defend
ant as an honest man.
On motion of District Attorney Perry
the jury returned verdict Of not guilty
without leaving the jury box.
After disposing of the NcGee case Judge
Foster turned his attention to some minor
cases. Several indictments against the
the Clawsons were then call and Mr.. Perry
entered nolle PROSE- against them.
In the case of James Nugent, charged
with larceny. the amount of bond was
to 500 and the case continued
until next term.
The case of Charles Lane. charged with
rape. will come up for trial this morning
Court then adjourned until 9 O'Clock
this morning.
BASKET SOCIAL
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