The state herald., 1890-01-03
Ing. / must confess that l was mis-.

ping. l must confess that l wns mis-
taken In his voice. I heard Temple
wagon rs 1t came to my house, and
recognized his voice In an instant.
Met Herzig in Walsil's saloon about
l1.80 the night of the whipping; either
Brannon or myself invited Herzig to
drink and he drank with us. l saw
Mcpherson there and conversed with
him, not at the bar, but over near the
Ice chest, don't know how we got over
by the Ice box. Herzig, Temple, Lou
Witherbee, Brannon, Madden and Nc
Pherson were In there; did not call
Mcpherson back Of the Ice chest; don't
remember the substance Of the con-
versation; 1t was about his contest; 1t
was friendly. Ben Marvin came in
while We were there. Don't remcm-
Der who went In or Uut. SEEN Lou
Witherbee in there, Said I "hcrc Is
the man himself, say 1t to his face
fIerzig, Brannon and I wore talking
about Herzig having worked for
Witherbee In tho late campaign.
Twas Is to 25 minutes after 12 when
l left the saloon; had taken three
drinks OF beer there: was ln Lewis
saloon before supper; got supper that
night at Aaron's Have known
Clint Nelson since 1884; knew him In
Phelps county, near Bertrand In the
winter OF 1884; Nelson left there i'm
mediately after the railroad went
through here In 1887; used to meet
him frequently in Phelps county, at
post-Offlce; did some business for him
there; say believe II was his voice
l heard that night changed; never
heard his voice changed; tho voice
heard that night had the Swcde ac-
cent but thought 1t was disguised.
Thought that the men who would
treat man as they treated me there
would do anything. was thunder
struck when the men first came up to
me. ] do not know why | did not
say Lew Withcrbcc instead Of Young
man. thought old man Tillage
who had been whipped out here, did
not say anything. was watching
Lew Withcrbee closely, because he
held in his hand what ] took to he
revolver and l looked every minute
for n bullet to hit me; have been
held up many times by scntinels in
the army. Either kept quiet or
sneaked away, or call the co rporal
to take me in. Was held up once in
Kansas City; did not know the party.
Cannot tell how many men there is in
this town could tell by their voice;
think would know Lew Witherbee
by his,yoicc in the tine. Am
better acquainted nett and
have been with h.. ois-> than l
have with the Witherbce brothers.
The bla nkct was over me when was
la the wagon; cannot say when IL was
put on me; cannot say whether the
handkerchief or blanket was put on
me first; did not start home as soon
rs whipped; got up and united the
handkerchief; looked around and then
started home. In former examina-
tlon said the first object ! saw was
the wagon, and beyond IL the stand
pipe, then knew about where | was.
Knew while In the wagon ! was 60
ing south, but cannot tell how
know II; when pulled down, was pull
I'd down to the east; was whipped on
common buffalo grass; my body was
held up by my arms and legs from
the ground. When they got through
the man on my right side threw my
coat and vest over me. With my
right hand ! united the bandage from
my eyes. Ny feet was 10 the south.
west and head to the northeast. As
l got the handkerchief from my eyes 7
looked and seen the wagon with the
mon In IL; do not know how many
men were In II. Don't know tho
kind OF wagon Or what kind OF team
IL was. Did not see Bennett there.
Did not make any inquiry OF Temple
as to who the other party was; he
said Bennett was almost whipped 10
death. The first time seen Bennett
after we left the court room here was
the day after the whipping In his Of
lco In bed. My gaze was directed 10
Lew Wlthcrbec. ! kept my eye on
his mask as he approached mo the
first time. Did not remove my hands
from my pockets either time. stop
ped when first ordered 10 halt. lie
walked up within i've feet and gave
the order the second time and then
the blanket was thrown over my
head. ] told them either getting In
or out, ] believe In getting out that
~ will get out myself. Never stated
on any examination In this court that
! said anything else 10 those men.
Next morning Brannon, Bevartl,
Temple and myself went In the N.
loon and took drink; Dicdlc Is one
Of the men who went In with MS: did
not gee Lew withcrbcc In there; have
not talked 10 him since; did not SEE
him In Bcnnetts Office seen him In
your ONCE and some distance from
me ON the street that day. Did not
sec Dr. Smith that morning: seen him
before noon; he examined my wounds