Wichita eagle. [volume] (Wichita, Kan.) 1886-1890, 1889-09-18

The Clawsons VIII
Serve the State for
Two Years.
When court convened at p. N. David
| Lemons. the murderer OF Sergeant Web.
ster. was called up by Judge Foster and
received the sentence: THAT you be taken
out of the county Jail between the hours OF
z and II O'Clock on the 9Th day of Novem.
| Der, 1889, and there be hanged by the neck
| until you are dead No tremor of any
kind was visible on the prisoners face as
the awful words of the judge rang through
the court room, but he bore the same sick
! ly smile be had carried throughout the
trial.
Lemons was removed and VIM. Gunter
| the murderer OF VIM. Frohwine, was then
called. 1t will be Remembered that the
| jury in this case returned verdict OF
manslaughter. Judge Foster told the
prisoner that he could serve the state for
the next ten years by going to the peni-
| Tertiary.
| The jury then returned a sealed verdict
| in the Townsley and Winters case. The
! verdict when read found the defendants
not guilty Of the crime charged in the in
dictment.
When court was called to order yester-
day marning the Clark-Deyine case was
taken I'D. The first witness called for the
government was the prosecuting witness,
| Oscar Sebring. The witness walked with
tottering steps to the stand and gave his
testimony in feeble voice. He said that
he had made trade for a lot which he
owned whereby he received $50 in bills.
Some Of the money he had spent but was
still in possession of s115, which be tied
around his ankle. The existence of this
money, and also where it was kept, was
known only to Seth Clark, who slept in
the room with Sebring. He was awakened
one night and saw Clark standing at his
bed. He then received a blow on the head
from the effects of which he lost conscious
ness. On returning to his senses he found
that the money was gone.
DIR. Turkish was the next witness called.
Said he attended the wounded man,
Sebring, and found that the wounds were
very serious. Clark was in the tent as the
doctor was called, feigning unconscious
ness. 1t was some time before Clark ap-
parently regained his senses, but when he
had done so he claimed to have been as
saulteG and robbed. The witness then
made an examination of Clark but found
nothing about him that looked like
wounds except few pin scratches on his
head. Said the wounds would not cause
the slightest inconvenience.
4. W. Slecker on taking the stand testi-
fled to being called to Sebrings tent on the
night of the assault as he was member of
the Guthrie police force. Said he saw
Sebring lying in pool of blood. Clark
was lying on the bed alongside Of Sebring.
Officer Graham on being called said he
is also Guthrie policeman. Was called
to the place where the assault was COM
mitted and there he found Clark, who told
him that he had been sandbagged and
robbed. Said he was present when Clark
was arrested charged with the assault.
Mr.. Thomas Lille, member of the
Guthrie police force, on being called said
Ire remembered the assault on Sebring.
The witness then entered in detail an ac-
count of the finding of the wounded man,
etc
Captain Rarck, of Guthrie, deputy
marshal, said he was called about 5 o'clock
in the morning to examine into the as
sault On arriving at the tent he found
club about eighteen inches long which
was covered with blood. Told about the
finding of the pieces of the bills
in the hand of Sebring. Went
to Alfred for the purpose of looking for
the supposed perpetrators of the deed.
Arrested William Devine. Told him what
he was charged with and the prisoner de-
MED everything. Searched the prisoner
and found sthe paraphernalia of a shell
game in one of his pockets Took him to
Guthrie where he ordered him to strip.
Found the large parts of the bills tied on
hisiarm and on placing them with the
small pieces found in Sebring's hand, saw
they corresponded exactly. Then Clark
was arrested. Brought the prisoners to
Wichita and placed them in Jail but took
them back to Guthrie for the preliminary
examination.
II. G, Baker, deputy United States mar
shall, on being called, said he was stationed
at Guthrie al the time the assault was
committed. Saw Clark in the city jail and
had conversation with him. Clark told
him that he was out the night before and
got pretty full. The witness said he could
see no marks on Clark s face. On his
questioning Clark in regard to
the assault the latter told him
that he had no knowledge
of the deed as he went to bed in kind of
a stupor The witness then corroborated
Rarick' s statement in regard to finding of
the large parts OF the bills on the person
of Davine. Also was present at the time
the large and small pieces of the bills were
placed together and found they CORE
sponded exactly.
Deputy Marshal Jones, on being called,
said he made an investigation at the time
Sebring was assaulted. Told about the
finding Of the club described above and
also the small pieces of bills in Sebring's
hand. Went with Captain Ravick to Al
fred, where they arrested Devine. Heard
the confession Of Devine before the COM
missioner.
Mr.. Jones' testimony completed the ex-
animation of witnesses for the govern
ment
Mr. MARYLAND then arose and addressed
the jury for the defense. He expounded on
the testimony which his witnesses would
give. He then called the witnesses for the
defense.
Mr.. Davis on being called said he was in
Guthrie on the end of last June, the time
the assault was committed.
Frank Cooper testified 10 being acqaint-
ed with the defendant Clark. Was in
Guthrie the morning OF the 3rd day of
June Said Clark was complaining of a