Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1894-09-26
ssManslaughter in the Second Degree, ;,


ing of his brother, Emmett, began last
Wednesday morning. The witnesses
for the state were. Clara Sparks, wife
of the deceased, Alexander Means, Mrs
Ida Means, Thomas Hyatt, Richard
Heady, DIR. III. G. Gould, R0bt. Clay
and Roy Wysong. The defense used a
great manv witnesses to prove appar-
ent friendly relations between the boys
Dispositions taken from parties in Mis-
souri, were also offered in evidence to
show the characters and dispositions of
the boys. which were In Clay's favor.
The main witnesses for the defense
were, Thomas L. Sparks, Mary Sparks
and Clay Sparks.
Mrs. Clara Sparks was the first wit
ness in the case. She testified that she
is the wife of the deceased; that she
and her husband came to the ranch last
spring; that the boys, Clay and Emmett.
had frequent quarrels; that the defend
ant had OH several occasions threatened
The life of Emmett; that on the night OF
the killing the boys had been playing
cards continuously from 6 o'clock until
the hour of tragedy at 2:2O Saturday
morning; that she retired about $50
in the evening and was aroused about
three hours thereafter by loud and an
CRY language between the boys; that
she arose and went into the kitchen
where they were playing;that she found
them standing at opposite corners of
the table and that Clay was pointing a
revolver at her husbands head threat.
ening to shoot him; that she remon-
strated with them for a time and final
ly got them Quieted again; that upon
receiving a promise from her husband
that the game would soon end, she
again retired; that she did not sleep
any after this quarrel; that PRESENT.,
the husband came into the bed room
and got his pipe, tobacco and revolver;
that she again begged him to quit play
ing with Clay; that he promised to so
after the jack pot was won by either;
that about 2 O'Clock the quarrel began
again that she went to the card-room
and found her husband grasping Clay
around the waist; that Clay was flour
ishing revolver in one hand and fiat
iron in tue other; that Emmett succeed
ed in getting the weapons away from
him and threw them into a basket OF
tomatoes. Clay ran through the house
out the front door while Emmett ran
out the kitchen door; that shot was
fired from the front door of the house;
that Emmett came back into the kitch.
en and went out through the front door
| onto the porch, she following to the
door; that Emmett was standing parti
ly facing her and talking when she
saw stream of fire going into his side;
that he staggered back into her arms
and they both fell off the porch during
which time he exclaimed kiss me dar
ling, he has killed me-" that after lay
ing on the ground he made three strug-
giles after which life was extinct; that
Emmett did not fire single shot; that
Clay was the aggressOr in every quarrel
that she observed; that Clay did not
have hat on when shooting took place.
Though tired and worn out by her late
sickness and the death OF her husband
and baby, Mrs. Sparks was a splendid
witness, and her cross examination
showed clearly that she was telling a
straight story.
Mr.. and Mrs. Means testified that
they heard two shots about 2 o'clock in
the direction of the Sparks ranch; that
Clay came over and told them that
some difficulty arose between himself
and Emmett and that they exchanged
shots and that both were hurt but EN-
met was hurt the more severely. Mrs.
Means testIfies that she went over and
found the body on the ground in front
OF The south end Of the porch llfeless,
and that the gun was standing in the
kitchen.
Richard Heady's testimony disclosed
the fact that he made previous threats
TO take life OF Emmett and that Thomas
Sparks tried to influence him not to
testify against Clay.
Mr.. Aber testified as to drawings
and measurements he had made.
Dr. Gould testified in his official ca
pacity as coroner.
The state rested its case Thursday af-
LernOOn.
The hrst witness Of any material
consequence introduced by The de-
Tense was Thomas l.. Sparks. He
testified that he is the father of Claw
and Emmett Sparks; that CLAW had
always been BIckly and timid boy.
and that Emmett was alway stout.
strong and healthy and was very danger.
Gus character when actuated by anger.
That he had endeavored to keep the
boys separated, but Emmett was not
satisfied unless he could come to the
ranch; that he admOniShed and begged
the boys not to play cards, that he did
not know The boys were playing cards
for the past several months; that he
never advised Clay to shoot Emmett.
nor had he ever entertained such a
thought.
The testimony of Mary Sparks cor.
robOrated that of Il. l.. Sparks as re-
garded the health and disposition of
the boys.
Clay Sparks testified that he and En-.
met had been playing poker Friday ev-
enlng and night; that a trouble arose
between them about l O'clock but was
amicably settled; that another trouble
arose about 2 O'Clock over a jack pot:
that Emmett accused him of stealing an
ace ard demanded his money; that he
called Emmett liar and that Emmet
slapped him, knocking him to the floor:
that Emmett jumped OH him and dealt
blows on his head; that he released him
self from Emmet's grasp and ran out
the front door and procured shot gun
which was under cot on the porch:
that Emmett pursued him with a reyol-
yer; that Emmett shot at him; that he
shot in different direction to scare
Emmett; that he told Emmett not to
come toward him; that Emmett disobey-