Wichita eagle. [volume] (Wichita, Kan.) 1886-1890, 1889-09-06
UNITED STATES COURT.
The Jury in the Gunter Case Bring in Verdict
OF Mansiaughter-John Grindstene, an
Indian, Now on Trial fo~ the Muir
der Of Joseph Sky.

again taken up and Attorney Enoch at
temped to place man named Daf1in on
the witness stand, but his testimony was
rejected as being immaterial The witness
left the stand incensed at the district at
torney.
District Attorney Perry then called the
Oliver Lathrop to the witness stand in
rebuttal. His testimony was in the main
the same as he had stated the day prevl-
ous Again made the statement that the
deceased had no arms on his person, and
that none had been found on or about him.
Further stated that the face and hat of the
deceased were powder burned, showing
that the shot had been fired at close range.
Mr.. Bowser and Thomas Smith were
placed on the stand and their testimony
did not in any way differ from that Of Nh.
Lathrop.
w. N. Bland was then called. In his
testimony he said he was acquainted with
the defendant; was also acquainted with
the deceased. Said public opinion was
divided between Gunter and Frohwlne.
Never knew the deceased to carry fire
arms, was considered bad man though
he had many warm friends. Gunter, he
said was considered very bad man.
Bore hin, no i'll will, however, as the de-
PENDANT had once done him great favor.
Mrs. Frohwine was again called TO the
| stand. Was asked by the district attorney
if she knew the hat worn by her husband
| on the morning of his murder. Said she
did. Described it as black felt hat soft,
| with wide rim. Further said it was
powder burnt when it was brought home.
! Testified that the pistol her husband
owned was large rusty barreled affair.
Had accompanied her husband to the barn
and saw him saddle his horse and ride
away. Watched him until he had rode
out of sight.
Ed CoYey was then recalled. His teSti-
mony was relating to the testimony given
! by the younger Gunter at the preliminary
examination. Covey said that Tom
GUnter stated that Frohwine rode up and
said: Oh you, I'll shoot your heart
out" The elder Gunter then shot Froh-
wine saying he was afraid the latter was
! going to shoot time.
David Rhea being called testified in the
main the same as Wednesday.
John Jones was next called. Said he
! had been a deputy marshal in that country
! for the past ten years. Lived in Baxter
Springs and was at home on the day of the
murder. Said Covey informed him as to the
finding of the body. Arrived at that place
at 10 o'clock. Saw the body lying in the
road. The wound was on the right side Of
the face near the eye and face was consid-
erably powder burnt. knew both parties.
The defence then called ID. A. Chapel
but his evidence was unimportant.
At 1915 Attorney Perry commenced his
address 10 the jury. He started
by saying 1t was not necessary
to enter into the details of the case. as
they had heard all the evidence which had
been introduced. He said the question
was not whether Gunter killed Frohwine
but whether or not he was justified in do
ing so. This he said, was the point on
which the defense was based. There was.
continued the attorney, no one present at
the shooting but the defendant, his son
Tom and the man whose lips are now seal
ed forever, and in view Of this fact it will
not do to place any reliance on the words
of the defendant, whose life is at stake
Said that the crime was either murder or
iustifiabl bic homicide, in which case the
jury must either bring in a verdict of
guilty or acquittal Said the defendant in
acknowledging the shooting takes the bur-
den of proof from off the shoulders
of the government and places it on
his own shoulders, and so
must prove that lie WAS justified in the
shooting The question was as to whether
the deceased was armed on the morning
he rode up to the Gunter's, and on this
point Mrs. Frohwine said her husband
owned pistol; was long, old rusty af-
fair, and was at home when he left that
morning. On the other hand the Gunters
say that the deceased had in his hand
small, bright revolver, which he raised
and said he would shoot the hearts out of
both of the Gunters. Perry continued and
said that il did not stand to reason that
the deceased would ride up on two men
armed with a double-barreled shot gun.
draw his little '-pepper-boX," as they say,
and threaten to shoot, not one but both of
them. If the jury were to believe this
they might then D' AXE up their minds that
Frohwine had taken leave of his senses and
was crazy. His talk consumed thirty min
utes when he rested his case.
Attorney MARYLAND for the defense then
commenced his plea. After a short dis
course on the plea made by Perry, he
started by saying that the defendant shot
Frohwine in self-defense when he saw him
dashing up on him with a revolver in his
his hand. The crime was committed to save
himself, rs he knew the deceased was of a
very violent disposition and would not
hesitate to shoot. He wound up by saying
that he had no fear but that when the jury
filed back into the court room that they
would send his client free TO once more
walk forth under the blue canopy of
heaven.
The court then took short intermission
after which. Attorney Enoch closed the
case for the defense He said that "A great
burden was resting upon his shoulders in |
closing up the case for the defense. He
went on to show that the shoot
ing WIS done in self defense and /
that the deceased was of a bad disposition. !
Said the shooting occurred on or close by /
the lands of the defendant. Went down /
to the cornfield for the purpose of protect /
inc the fruits of his labor. His speech /
took in all points of the evidence. He /
closed up by thanking the jury for their /
attention and said that when the jury re-
turned to the jury box he believed that |
they would show by their verdict that tine |
accused was justified in the shooting.
Perry then addressed the jury. lie pro- /
ceeded to demolish the plea made by the /
attorneys for the defense. He spoke for a /
few minutes only when he wound up the /
case by saving that he believed the jury /
would 90 their duty Of citizens Of this /
Judge Foster at 1880 adjourned court
w,