The Black Hills union. [volume] (Rapid City, Pennington County, Dakota [S.D.]) 1889-1904, 1892-02-26

Burns started out to re-aIrest lehman, but
fearing the task because the man even then
had the reputation Of being d dangerous
character, he got one, John siebert 70 accom-
pany him. It has always been supposed, but
never clearly proved, that Daniels went
ahead. Of Burns and Siebert and apprised
Lehman that they were after him. At any
rate, just as they were about to enter Leh-
mans gate, he jumped out Of a lot Of brush
where he had been Lying in ambush and de.
manded that they tum about. Burns com.
menced talking quietly to Lehman, who, be.
coming furious, raisedghis gun to his shoulder
and pulled the trigger. II snapped but did
moi go off. Seeing that Lehman was deter
mined to shoot, Siebert jumped from the
wagon, having one Of the reins in his hand,
with which he succeeded in turning the horses
around, SO short, however, that he almost up
set the wagon. Lehman threw the poor
shell out of the u and placing another there
in, again raised it to his shoulder, Burns all the
time inviting him to come up, saying that he
1 was LOt SOAik ~ Aldlui Aiuls II was uO uoSy
however, he pulled the trigger the second
time and the bullet sped into poor Burns
side and through his lung, leaving a horrible
cash. Burns dropped into the wagon bed.
Then, determined to commit a double murder,
the Infatuated man started after Siebert, who
kept leading the horses by the head, lodging
from side to side in front of the team to avoid
the bullets. When he got far enough he
jumped into the wagon and whipping the
horses into a gallop soon reached Fuhr-
mans ranch where word was sent to Sheriff
Wood at Custer, who at once started for the
scene of the murder.
The fatal shot was fired about 6 p. m, and
Burns died about II O'Clock. Scarcely had
the facts been known when some fifteen men
started for Lehman's ranch well armed. The
man Daniels went ahead to lead him into
their hands, but Lehman did not prove tract
able. They surrounded the house that night
and with Daniels among them, awaited his
appearance next morning. AT daybreak, UNI
conscious of their presence, Lehman started
to get his horse which was picketed a short
distance from the cabin. A man named
Barnes who was stationed with Daniels on
the bank of the creek close to Lehman's
cabin, jumped up and called halt. Lehman
pulled his gun up and fired at Barnes, who,
unprepared for such quick action and becom-
ing entangled in some brush, fell backwards
into the creek Just as Lehman shot. Before
he could e~xtricate his feet from the bramble,
Barnes had almost drowned, and all the
while the bullets from Lehman's gun kept
whizzing into the water in rather close prox-
Unity to his face. The other members of the
party soon opened up a fusilade on Lehman,
who never failed to return fire wherever he
saw smoke. He went back to his cabin and
shortly after emerged again. In the mean
time the party had moved away a little and
had sent an old man named Enos up to a
hill about a mile away to act as a sort Of de-
coy. Itihad the desired effect for Lehman
started towards him and when on the way
the Others opened fire on Lehman, who,
thinking it was Enos that was shooting com-
menced showering bullets around the head Of
the decoy. Enos did not watt to ask any
questions, but sped over the hills. Lehman
followed in the same direction and passing
into the thickly timbered region to the south,
made towards Hot Springs.
At 10 O'Clock the same morning the sheriff
arrived and searched the country thoroughly
in that vicinity without getting a trace Of
Lehman, except that he borrowed fifty cents
from a man named Parsons who lived in his
own neighborhood, saying at the, time that
horse thieves were after him. For ten days
the whole country was secured. The gov
emor offered FIVE hundred dollars reward for
his arrest, which was accomplished in Dawes
county, in the sand hills of Nebraska. He
was brought back to Dakota in an ingenious
way. When arrested in Dakota, the first
question he asked was if he had killed Barnes,
the man that fell into the creek, expressing
sorrow when told that he had not done SO.
The history of the case since then is too
well known to require any detailed o%ccount.
First Of all he was brought before a justice Of
the peace and waving examination, was held
without bail, w. H. Fry, now of Hot Springs
acting as his attorney, with Edmund Smith,
then Custer county's attorney, prosecuting the
case. At the November 1850 term of court
he was convicted of murder, the jury fixing
the death penalty IN motion of his counsel
a new trial was granted. In September 1890,
with w. H. Fry and Charles ]. Buell. as his
counsel, he was again tried with the same re-
suit. Mr.. H. d. Reynolds of Custer county,
who succeeded Edmund Smith by appoint
ment, prosecuting the case. An appeal was
then taken to the supreme court where the
AT the September 1891 term Of Custer county
court he was sentenced by Judge Thomas to
be hung November 4th. Application was
then made to the board of pardons, the gov
ernor granting a reprieve until January sth,
1892. The board refused to interfere. After
this an inquisition Of insanity was ordered by
the sheriff. The jury again held him sane,
so he was sentenced to be hung and the date
fixed for February 10Th, by Judge Gardner.
Three juries, three judges, the board Of
pardons, the supreme court and the governor
have allpassed upon the questions involved
and in every instance the verdict has been
against Lehman. Everything has been done
that was possible to do. Outside Of Custer
county his sanity has been questioned, but
those best qualified to pass on it think differ
emily.
Charles j. Buell..
Mr.. Buell. Who has worked 50 faithfully
and conscientiously for Lehman, is too well
known Rapid City to call forth a lengthy
notice. He is a gifted orator with a pleasing
and polished address. He is a collegiate
graduate and an ardent student in his profes-
Ision. His connection with the Lehman case