Wichita eagle., 1889-09-12
UNITED STATES COURT.
Verdict OF Guilty is Returned Against Henry
Thomas and Judge Foster Sentences
him TO Seven Years in the
Kansas Penitentiary.

arguments then commenced in the Thomas
horse stealing case
District Attorney Perry opened the case
Tor the government. He again reviewed
the charge and then commenced to criti-
clZe the evidence offered by the defense.
The witnesses for the Defense" said Mr..
Perry, would have you believe tina the
had always borne good reputation.
We VIII grant this, but if this be the case
he is, therefore, all the more guilty. All
the evidence which has been offered in this
case shows that the Thomases were band
ed together for the purpose of stealing
from the Indians and other people in the
Indian country, and the evidence they
have offered in their defense is very flimsy.
The claim they make of trading for the
horses which were recognized as stolen is
not very probable" Mr.. Perry then thor
oughly went through the whole evidence
and in clear and concise manner stated
the case from the standpoint of the prose
cution. He then rested.
j. p. Shiveley, of Winfield, then ad-
dressed the jury in behalf of the defend
ants. He stated that Mr.. Perry had failed
TO make his point when he said the Thorn
as family were members of a gang of horse
thieves who raided the Indian country and
who were bound together by an oath SO
strong that there WAS no breaking away
| from the gang when once you joined. Mr..
Sniveley summed up the case and then
made very eloquent plea in behalf of his
! clients.
A. j. Miller, of Winfield, also addressed
the jury for the defense The attorney
spoke for about thirty-five minutes and
| showed in his speech that the defendant,
William Thomas, had no connection with
| the band of thieves which existed He
said that while one Of his sons, at present
gone out of the jurisdiction of this court,
had some connection with the thieves,
was that any reason why the
sins Of the children shuuld be visited up
on the father. Mr.. Miller made also a
very eloquent plea for the defendants and
when he wound up said that the jury had
| been selected as arbtrators in the case and
as the evidence had shown that there was
a doubt of the guilt of the defendants he
asked the jury TO give the Thomases fair
show, and extend to them the benefit of
! that doubt.
Mr.. Perry then arose and made the clos
| ing speech to the jury in behalf of the
government. He said he hoped that the
| jury would pay little attention to the tear
! bringing plea of his friend who now
closed, as the defendants would not be
here and should not be convicted if they
were as innocent and lamb-like as the at
torneys for the defense would have you
! believe they were. Mr.. Perry
then spoke and brought out the
| reputation the sons of the elder
Thomas here, showing that several of them
were at present fugitives from justice, and
| that the father was man who for years
had moved about the country, stopping
but few months at each place. He then
spoke about the evidence given in by the
men from Winfield, and said that the wit
nesses said they resided eleven or twelve
miles from the place where the defendants
| lived, and the Thomases always had borne
good reputation, and when asked on
cross-examination how they had known
what their reputation was when they lived
so far from them said that they had
loaned Thomas money Mr.. Perry then
asked the jury if this was any foundation
on which to build mans character, as
banks or loan companies were not loaning
money on reputation, but on property or
cOllaterals. He then commenced on the
pleas made by the attorneys for
the defense and had soon torn
down and cast away as amounting
to nau9ht any points in their favor. He
then wound up by leaving the matter for
the consideration of the jury.
Judge Foster charged the jury after the
close of Mr. Perry's speech. He said that
the defendants are on trial before them
on two separate indictments charged with
the larceny Of certain horses and ponies.
He then read to the jury the indictments
against the IhOmases. Passing from that
he reviewed the testimony of the witnesses
and closed his charge telling the jury if
there was any doubt in the evidence to
give the defendants the benefit of the
doubt. At lilo the jury retired in charge
of bailiffs.
At 2:3O the jury filed back into the court
room and Judge Foster asked them
if they had agreed upon
said yes" He then handed the verdict
TO Clerk Wilson, who read rs follows:
We, the jury in the above case. upon our
oaths duly sworn. do find the defendant,
Henry Thomas, guilty as charged in the
Indictment, and the defendant, William
Thomos, not gnilty. y. r. DOWNING,
Foreman.
There were three indictments brought in
by the jury, and the verdict was the same
in the three. Court then adjourned until
, o'clock.
AFTERNOON SESSION.
At . o'clock court was again called TO
order, and the case of Bob Lott was called.
The jury was called and sworn by Clerk
Wilson.