Wichita eagle. [volume] (Wichita, Kan.) 1886-1890, 1889-09-11

ponies in the spring of 81 which ranged IN
the neighborhood of the Usage agency.
Further said that he lost thirteen head
| about March of that year. Said that when
he found that horses were gone he followed
| the trail into the state and met the man
Church, who accompanied him and party
| to the pasture where he saw and recog-
nlzed the horses The party Immediately
picked out the ponies that belonged to
| them. Recognized the elder Thomas as
the man who opened the gate that led into
| the pasture. The remainder OF his testi-
mony then related to the taking away OF
the horses that belonged to the party with
the further statement that a number OF
horses were in the pasture that belonged
to other Indians who were at home
Never Washee, another Usage Indian,
| then took the stand and was also inter
viewed by aid of an interpreter: Said he
owned six head of ponies, and that they
ran IN the herd belonging to the previous
witness. He then told about missing his
ponies and also about accompanying the
Indians in a hunt for the horses. The rest
OF his testimony was relating to the find
ing and taking away of the stock, In the
main his testimony was similar to the
only three out Of his six head.
Several other Indians were then exam
ined, but their testimony was the same as
the two above quoted.
Attorney SniYely then arose and talked
to the jury for few minutes in behalf of
what they would prove by their witnesses.
The evidence OF the witnesses Tor the
defense was then taken. Henry Thomas,
| the eldest of the defendants, was the first
witness pnt upon the stand. When asked
if he knew the Indians who had testified,
he said that he had seen the Indians the
time when they claimed the ponies in his
pasture. Further said that the horses and
ponies were simply in his possession for
the purpose of pasturing. He then detail
ed the coming of the Indians and the tax
! ing away of the horses and ponies that
| they claimed which in detail was the same
as former evidence. He then located the
pasture on the map which had before
been produced. Said that he did not
belong to any band of persons who were
organized for the purpose of running ponies
from the Indian territory, and if such band
existed they did not make headquarters at
his house Said he did not know that the
horses were coming or where they came
from until he saw them in the pasture.
They were brought by the men, Gardner
and Powell The defendants stay on the
witness stand was long and the examining
by the attorneys for the defense was very
tedious.
Ed. Reed living in Cowley was the next
witness. Said he was farmer and dealer
| il stock. Said he was the owner of the
pasture in question and that he turned
the keys over to Thomas, who re-
sided close to the pasture, so that
the latter could turn out and let in stock
without any delay. Said he had heard of
Indians taking stock out of the pasture
and was present one Sunday when the In
dians took some horses away, but did not
pay any attention to the circumstance as
he was not interested.
j. r. Williams, another farmer, was
then called Resided near the Thomas
residence and knew the defendants. His
testimony was unimportant.
Court then adjourned until o'clock
p. m.
EVENING SESSION.
Coates Thomas, witness for defense, tes-
titled that he was the son of the defendant.
Kept track of all horses put in Riders
pasture, also kept the keys for same Said
his father had obtained the sorrel FLY and
bald face gelding from a man that came
| through that part of the country IN COW
cred wagon.
J. r. Boyd testified that he resided in
Cowley county, was acquainted with de-
PENDANT about five years. Knew horses
owned by Thomas, saw the horses in con-
| troversy, at his place several times in the
fall of 1881.
Jos. 5. Whitaker testified that he lived
in Cowley county, Kan. Came there SIX
years ago. Knew Thomas oyer thirty
years. Owned bald face horse and FLY
| taken by Indians from Thomas.
Cross-examination by Perry knew In
dams were in country, did not know In
dams took horses till he was told after
ward. Bought the horse from Hughes; is
Thomas father-in-law.
c. c. Robinson, engaged in banking bus
mess in Winfield for fifteen years; knew
Thomas Said Thomas had a good reputa-
ton for honesty and integrity, Cross-ex-
amined by Perry said he never heard
Thomas reputation questioned, but that
he was an honest man.
II. G.. Fuller resides in Winfield; in real
estate business. Knew Thomas; said
Thomas reputation for honesty and in
tegrity was good.
G. +. Heron lived in Cowley county fiji
teen years. Knew Thomas for twelve
wears. Said Thomas had a good reputa-
ton.
Cross-examined by Perry.
Knew Thomas family. Had not seen
Thomas sons for about five years.
" raCiIas in Missouri
Thomas Was at Thomas place in fall Of
1887: lived in Chatauqua county, Kansas.
Brought Thomas son to Cowley when he
was on his way TO Burden.
Saw sorrel FLY in Thomas
barn. The FLY was about
a year old Also saw a bald face gelding
there which had been castrated. Described
him as roam colored Also knew Thomas
had bay mare and that he bought her at
| Cedaryale, traded corn for her.
| Cross examined by Perry-Said he was
the father-in-law of George Thomas. Said
he did not know whether bald face horse
was castrated OF not, Had horses in barn
when ne saw them. Had five or six more
horses in the barn, but could not describe
them as his attention had been called 10
the FLY and bald face horse. Said if
/ Perry would leave him alone he would
tell how be came TO notice said Thomas
showed him the FLY and bald face horse.
Said Thomas told him TO look at them as
he had made a good trade for them the
day before.