Wichita eagle. [volume] (Wichita, Kan.) 1886-1890, 1889-09-18
Continued from Fifth Page1
whether or not it was loaded with iron or
wood hut 1.-as q flied nuirf


| whether or not it was loaded with iron OF
| wood, but was filled quirt.
S C. Wethers testified that he saw
| Wheeler and Wheeler at his camp during
| June, 1855. Heard of the assault. The
| Wheelers left quirt at his ranch about
the Goth of June. Said quirt had an iror
| bar in ii.
| Ira Wheeler, on the defense, testified
that he resides near Belle Plain, Kan, Is q
farmer, was in territory on the 9th OF June,
1855; was at general roundup. Had heard
that Hoilenbeck said that had been steal
ing cattle Went and saw Rollenbech and
asked him about it. He said I was a d.
liar. | said you are G. d. liar. He said
| was a ---. | then hit him with the
quirt several times. Then he called me .
-. l then hit him some more. Said
quirt was an extra light one. Was AZ
rested about LIST of August, 1855, by Charles
Egan. Showed him my ouirt. Did not
think that he had left quirt at Mr.
Weathers' camp. Cross examined by
Perry. Wheeler said he had no intention
of hitting Hollenbeck when he rode up to
him. Said be lost the quirt since his ex-
animation at Arkansas City. He was then
not lighter than the average.
Perry Wheeler, the other defendant, ties
titled that he was at the round up in June,
1883: said his brother had difficulty with
Hollen beck; saw my brother strike hollen-
beck with Quirt; rode up to within about
ten yards and then stopped. did not
draw pistol at all Told my brother TO hit
him good one. Said his brother used a
light weight quirt not loaded one. Did
not leave a quirt at Wether's camp. Lost
the quirt since last term of court.
Cross-examined by Perry-Said he had
pistol on his person on the day Of the
affray.
Mr. Van Horn resides at Wellington;
knows defendants; is a farmer and stock
raiser; had cattle in pen in 1883: saw the
difficulty between Wheeler aud Hollen-
beck: rode up and saw Ira Wheeler quirt-
ing Hollenb beck; did not think Wheeler's
Quirt was loaded; had conversation with
Hollenbeck on the morning of June 9th.
Cross-examined by Perry-Said nearly
all quIrts are loaded; heard the first blow
struck six rods away.
Mr.. McGinnis lives at Guthrie. Knows
defendants and Mr.. Holenbeck; saw the
atfray between them, and saw pistol on
Perry Wheeler.
Van Horn was recalled. Said he saw
Perry Wheeler on his horse about twenty
feet from the parties.
Charles Egan was recalled, and said quirt
shown him by Mr.. Perry was an average
quirt.
Mr.. Perry then arose and argued the case
before the jury. He exhibited the weapon
which had been used in the assault. Re-
viewing the testimony he gave brief
statement of the case He then rested.
Mr.. Coffin then gave the defendants
side of the case. The gentleman spoke
only for a few minutes. when he gave way
to Mr.. Halfhill. of Winfield, who also
briefly reviewed the testimony.
Mr.. Perry then arose and forcibly closed
the arguments. The whole arguments
lasted but one hour, &C the end of which
Judge Foster gave the jury clear charge
and sent them out in charge of a bailiff.
John Wallace, for selling liquor in the
Indian country, was sentenced to thirty
days and fined 500.
E. 3. Chapman, charged with larceny.
was continued until next term, under $500
bond.
Charles Fancher, charged with selling
liquor in Indian country, was placed under
bond of 81 800 until next term.
Several case were called and the parties
not appearing the bonds were forfeited.
The jury in the Wheeler case returned
to the court room and handed the verdict
to the clerk. The verdict was Guilty of
an assault" and Judge Foster fined the
defendants 500 each.
Court then adjourned sine die