The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1890-03-21
ler's then defendant started toward

ler's then defendant started toward
home leading his horse.
George Morrison, constable. sworn
Ills testimony was substantially the
same az Mr.. Rays and Mr.. Moss ex.
cept as tn the following:) "When mot
came up, Carter begged "a to give
him pistol and let him get out In the
road and take bis chances. Said be
didn't want the rest of US to get hurt.
drew pistol and turned in my seat
on east side and warned the mob back
The two men then rushed past on west
side. Carter reached around and took
my pistol away from me. He fired one
shot back into the crowd and three nj
the men in front. Saw man on Brown
pony drop bis pistol. Didn't recognize
either Of the men,"
Chas. Heckenliable sworn. Found
revolver blythe road day after the mob.
Put 1t 10 Cary Crisler's wagon at Mo-
ran. Tillery was at his house short
time before Carter was killed and
stayed several days. Stayed very
close to the house. prosecution tried
to make II appear that he was hiding
from the officers while defense
tried to chow that he was hiding
from Csrter.) Tillery showed him the
wound 10 his y rist and told him that
Carter didn't do 1t, that some Of the
boys did 1t.
Geo. w. Beaman, sworn. Identifi-
ed a letter which Judge took charge of
and marked Exhibit A." ut is un.
derstoOd that this was an anonymous
letter sent to Mr.. Beaman, warning
h -, k1o ~ Il
trial.) In November 1888 / met de-
PENDANT in Fort Scott, learned that he
had been in Arkansas for sometime.
Question: WAS there any convsrsa-
ton relative to the mob business.
Answer. mo. He asked me the news
or something and I told him all was
quiet. and he said he was glad of II,
for he said. bis ADVICE would be to
drop that trouble up there and nobody
say any thing about it. Said he meant
on both sides because II 1t ever got
started again there would be no telling
where it would end,' Is about the
amount of it,"
John Piers0n. sworn. Testified sub
stantially the same as his son, Fred
Pierson. Court adjourned till Thurs
day morning.
On Thursday morning the first wit
ness sworn was M. l.. Merrifield. Saw
the mob. Heard one man say boys.
1 am shot and I am shot bad" 1t was
the man on the ba. horse ahead Of the
wagon who said he was shot.
w. B. Webster sworn. Testified
that in conversation in Fort Scott with
Tillery, the latter said he was like
General Grant, that he never asked
the boys to 20 ahead, and hol. ing up
his right hand said he generally took
the lead himself.
F.C. Cash sworn, Testified that
Tillery and others who came after war.
rant for Carter wanted it returnable
before Justice Mattocks.
Mrs. Carter sworn. Testimony
brought out no new facts.
Ross Kitzmiller sworn. Had con.
versation with rillery about mob in
December 1883. Latter said his hand
was hurt. Didn't say right out that
he was in the mob, but wIlnese infer.
red from what he said that he was in
mob. Tillery said in effect that he was
shot In the mob.
Mrs Eaton sworn. Testified that
AIhcEy tOlu ueI ilc was AZ lilo IuOU duu
at head of 1t, that he couldn't hold his
horse In and 1t rushed ahead of the 9TH
ers. Said he lost revolver, dropped it
when he was shot.
Chas. Vrooman sworn. Testified to
certain threats defendant had made
against any person who might testify
against him.
With this witness the State rested.
Col. Harris then outlined the defense
that would be made, stating that they
would show that Tillery was no. in
the mob, that he was simply following
it up out Of curiosity. that he was
wounded in the wrist by stray shot
and that the pistol was lost out of his
pocket. having never been fired. The
defense then introduced first their wit.
npsswho is testifying as we 60 to press
Mr.. Foust tells us he hopes to have
all his testimony in by noon to-day.