Wichita eagle. [volume] (Wichita, Kan.) 1886-1890, 1889-09-07


testified as to minor details connected
with the shooting all of which have been
published previously.
The defendant John Grin1stone was
then sworn and took the witness stand.
He said he went to the dance held in the
Quawpaw country Went to the table for
the purpose Of eating. While eating Sky
came up and asked for something to eat.
Big George who was in charge of the re-
freshments said: After Grindstone gets
through you can eat" Sky then asked
defendent for something to eat when the
latter replied ''Pll give you something you
can't eat" Sky then said ''Til fix you, "
at the same time reaching back to his pls-
tol pocket with his right hand. Grind
stone then drew revolver and pointed it
at Sky. The latter then drew his hand
away from his pocket and Grindstone re-
placed his revolver in his pocket.
Sky then said ''now I will give
you something" He then put his hand
to his pistol pocket again when Grindstone
pulled his revolver and shot him. The
prisoner then walked away, mounted his
horse and rode to his home. He stayed
there but a short time when he went to
another part of the reservation. He re-
turned again to his home in the nighs but
hearing that the Peoria tribe was after
him he then left, going this time to the
Cherokee nation. He returned one year
ago and gave himself up. On cross ex-
animation he said he was drunk when he
went to the dance. Also said that Sky
pulled the knife from mis- hip pocket and
that it was opened at the time. Said he
leand over toward him and was within
two feet of him when he pulled his pistol
and shot him. Perry drew from the de-
PENDANT the fact that the deceased re-
NAMED in the same position while Grind
stone drew the pistol, the deceased not
making an offer to strike. Stated that
the only time he saw Sky have a pistol
was at Senaca, Mo-, about three weeks
prior to the shooting.
The defendant was the last witness put
! upon the stand by the attorneys for the de-
Tense. An intermission Of five minutes
was then taken. Upon taking up the case
again they commenced with long and
tedious rebuttal. Attorney Hallowell
who is assisting in the prosecution, con-
Quoted the rebuttal questioning for the
prosecution. Attorney Brunk was for the
defense. The first three witnesses who
were called simply repeated the testimony
they gave in previous.
George Stitts said he had been with the
deceased IA great deal and never saw him in
quarrelsome mood.
! Frank Fish was then called and sworn
This was new witness and his testimony
was important. He is siX-foot, full
blood Peoria indian, and he gave his testi-
IL
dance and was standing by the fire when
| he heard the shots Turned and saw Sky
stagger. and had just touched the ground
when he reached the body. Sky had both
| hands on his breast and saw
nothing in his hands. Was kneeling
at his side at the time. The
wounded man then opened his eyes and
Strengthened his arms down by his side.
| Again looked at his hands and saw MOTH
! ing in them. Remained beside the body
until it was taken to the deceased mans
home. He helped to lift the body into the
wagon and rode alongside it. Helped to
! lift the body into the house. Did not see
! Mrs. Reno near the body. Again said he
did not leave the body for one minute. 1t
was near daylight when the wagon con-
tanning the body left the dance ground,
| and it was about o'clock when the body
was taken into the house. He entered
into minor details as to the standing of
the deceased in the community which
showed that the deceased had q good repu-
tation.
Mrs. Frank Fish, wife of the last wit
ness. was put on the stand. Said she
was at the body about the same
time as her husband and saw
no knife in the hands of the deceased.
Was positive that Mrs. Reno was not at
the body as she went to get something to
| place the body upon. She then corrObO-
rated her husbands statements regarding
staying with the body until it was taken
home. Said she put her hand on the face
of the deceased and saw him open his eyes.
Mrs. Sky, the mother of the deceased,
then testified by the aid of an interpreter.
Said her son never carried a pistol. Did
not think he owned one. She found no
weapon of any kind about the clothes of
her son. Said he was about twenty-six
years of age when he was killed. Knew
Grindstone since he was boy.
Mrs. John Sky, a sister-in-law of the
deceased, was called. Said it was about
10 or II o'clock when she arrived at
her mother-in-law's house. Said Mrs.
Reno was at the house when
she arrived and related the conversation
which took place between her and Mrs.
Reno. Said the latter told her that Joe
threw his hands up to his breast and fell,
and that there was no weopon Of any kind
| in his hands at the time.
The evidence was then concluded, and
Attorney Hogan arose and made the
opening speech for the prosecution. He
made mastery speech, which though
brief was to the point. He started by re-
viewing the evidence introduced by both
sides. In the course of his speech he said
that all the evidence showed that the
crime was cold-blooded, premeditated
murder The defense, he said, tried 10
show that the crime was done in self
defense, but what evidence had they
shown to bear them up in this plea. Even
the defendant, when testifying in his own
behalf, said that the deceased held
knife over him during the whole of the
time he was drawing his revolver. He
then resumed and rehashed the evidence
introduced by the witnesses. Dwelling on
the testimony he wound up by saying that
the jury might take all the talk which had
been made in the witness stand and the
only conclusion they could arrive at was
that II was cold .blooded murder. Dwell
ing again on the testimony which Il. gave
he said that such could not be the case. as
what would prevent him from burying it
in the heart and body of the defendant
But" said the attorney. ''the knife never
was in the hand of deceased, as no evil
IL, et~