The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-10-10

was the way of it and he said yes. Asst
ley came uD and said I have got the
| ten dollars Keefe then said You viii
not keep it long, 1 do not care for my
| life Mr.. Keefe's son John was in the
wagon with him.
oss-examination-'T do not re-
member that 1 said on the first trial
but suppose substantially the same as !
| have here.
THE last time saw Ashley was in
Murdoch / think the last words that
heard Keefe say were not by a damn
| sight. l am sure OF this. I think that
! is what said in the last trial but / am
not positive l am as positive of that
as that l last saw Astel at the time /
have stated.
Il did say the first trial that George
Asst said John, have got your ten
dollars 1 did not tell then that Keefe
said he did not care damn for his life
| because l was ratified. / am not rat
| tied now. I think that my memory at
| the first trial was better as to what
happened than now. Ashley said the
first word that day. He said I got the
ten dollars honestly Keefe said you
are a liar That was all that was said
| at that conversation
Il told John Keefe that I thought he
had lost his money, but 1 did not say
| that he had lost fairly / have played
cards with Ashley for money frequent
ly."
S. B. LIVINGSTON.
Il live in Kingman, Kan. On the 23d
day Of December. 1893, l was in King
man. 1 went to Murdoch the next day,
the oath. / took charge of George
Astley's body that day. 1 removed a
led ball from his shoulder blade The
ball had not passed through the skin at
the back. / have not got that bullet
now. l gave it to Mr.. Fairchild who
was then county attorney. / was usb-
poenaed to bring it here, but 1 could
not get it from Mr.. Fairchild."
The prosecution here asked the court
to make an order that Fairchild be
made to produce the bullet. Mr.. Fair
child said that he had made diligent
search but could not find it. He offer
ed to go on the witness stand and de-
scribe the bullet for the prosecution but
his offer was not accepted.
MARK WORRELL.
'1 reside in Kingman county. 1 know
the defendant in this case. l went to
New Murdoch about O'Clock on De-
cember %, 1893. 1 went to the hard
ware store. L know where Musto's sta
be is. l saw George Ashley, Mr.. Keefe
and several others at the stable. They
seemed to have been playing cards, but
they were not playing when 1 saw
them
After the regular meeting of the
lodge, / left before it was over with. L
went to the depot and found Ashley
dead" He described the building and
position of Ashley as given by former
witnesses.
MRS. HORN.
'I live at New Murdoch I was at
that place on the 23d day of December,
1893. L live north of the depot on Main
street. L saw Mr.. Astel and Mr.. Keefe
that day. l was at my house when l
saw them The building faces to the
east. l was in the front part of the
house; we have a south window, and it
was from it that 1 first saw them. L
heard them talking when they went
past but did not hear what they said.
1 could tell that they were mad. They
acted just like men that were quarrel
ing about something"
Characterization. 81 knew both
Mr.. Keefe and Ashley at that time. /
had seen them frequently. Ashley was
laughing then but knew he was mad"
JOHN HORN.
L live at New Murdoch, Kingman
county. l am station agent for the
Santa Fee at that place. 1 was at the
depot on the evening of December %,
1893. / was over at MUStoS barn that
afternoon. 1 believe 1 saw Keefe and
Ashley over there. They were playing
cards. L only staid there a few min
utes and took no part in the game.
81 was at the depot after dark. Tom
Sullivan, and Frank Hardesty were
there. We were sitting in the waiting
room. Mr.. Keefe came into the depot
after dark that night. We had a light.
He said good evening and after he had
been in there a few minutes he asked
me if | had seen George Ashley. / told
him that L had seen him over on the
street a short time before. Keefe went
out and in short time / heard a shot.
Ashley came in and sat down on a.
bench. I went out and called some
more men in. went over to the lodge
room and told them that a man was
shot. When 1 got back Astel was ly-
ing on the floor in front of where he
had been sitting. l do not know that
Astel said a word after he came into
the depot. l know the time from trains.
The train that night was due at 7:20.
but it was forty minutes late"
-eXamination-"Mr. Hardesty
and Mr. Sullivan were in the depot that
night. They were not there when 1
opened the ticket office. / went in and
sat down by Hardesty before Sulli-
van came in. We had been sitting,
there some time before Mr.. Keefe came
in Keefe sat down for a little time on
the west side. He asked If / had seen
AsteL That was after he got up TO
leave. / do not remember 10 have heard
any other conversation. keefe did not
appear to be excited knew him we'll
for several years. 1 could not say that
he seemed to be mad. / could not see
~ 1,a toll
he always did. ] have known Mr..
Keefe for five or six years. Have had
considerable business with him.
After Keefe left the room / heard
voices on the outside. They did not
seem to be talking loud. After that /
heard a shot and then a sound on the
window. IL seemed like some metallic
substance drawn across the window.
The sound attracted my attention. \
short time after 1 heard the sound
George Ashley came in the depot 1t
might have been five minutes. The
next day saw a link used to couple
cars lying on the platform.
FRANK HARDESTY.
SGT live in Attict township in Sedg-
wick county. 1 am not acquainted
with Mr.. Keefe. 1 know him when
see him ! was at Murdoch the even
ing of the killing. 1 went from home
that day and was most OF the day on
the road. My father lives in Murdoch
and stopped with him. Cannot tell
how long l staid there 1 got there af-
ter dark. Father lives north OF Muir
dock and went down Ia down that
night to meet a friend that was coming
on the train. I was in the depot when
Ashley came and he told me that he
had been shot He said he would die"
Court adjourned until 9 o'clock this !
morning.
CASE STILL on DECK