The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-10-07
He WOULD WEEP.
De Barrows, the Accused Muir
derer of J. D. Ross
On Trial This Morning in the
District Court.
HE ACTS NERVOUSLY
When Called Murderer" and
Sheds Tears.
The Tursv ic TmnanoIad This
HE ACTS NERVOUsLY
The jury is Impaneled This
Morning.

The trial of Richard De Barrows for
the murder of J. D. Ross was begun to-
day in the district court.
De Barrows, a tenant on the Mulvane
ranch, three miles west of Rossville, fred
two shots at Ross, the foreman. brother
of Mrs. -Joab Mulvane of this city, on the
morning of July 4. last Ross was killed.
He had gone to De Barrows' home to
evict him.
De Barrows came into the court room
early. He is a man 30 years old. lie is
of medium height and weight and is not
bad appearing man. His skin is rather
dark and his hair and moustache are
black. He was cIeanly shaved and neat
ly dressed. By his side sat his
wife and two little girls and
directly behind him sat his aged father.
De Barrows is of Portuguese descent,
although born in America. His father
and mother came TO this country from
Lisbon, Portugal The name is de Bar
rios, but has bsen anglicised. In reply
to note to De Barrows this morning,
asking him of his mother, he wrote,
Burned TO death in February, 1879, at
Springfield, Illinois"
f. d. De Bdrrows, the father of the
man accused of murder, is a white haired
man of large stature. His long white
mouStaches are trained down and reach
TO the opening of his blue q. A. r. vest.
His head is large and round. and his eyes
and features have a foreign look, that
has not been dispelled by his long res
idence in this country.
His black busny eyebrows have defed
the ravages of time better than his snow
white hair.
The old gentleman is 50 years of age
and carries a cane He served three
wears in the civil war as a member of
the both Illinois infantry, and seems
proud of his blue coat and G. A. r. but
ton.
Mrs. DeBarrows, who is also Portu-
gue5e, has d very dark skin. The elder
Of the two small girls has this peculiarly
of her Portuguese father and mother,
but the complexion of the younger one,
who is about 5 years of age, is fair.
Richard DeBarrows was formerly a
resident of Jacksonville, Ill. At the
time of the commission of the crime the
jacksonville State Journal published an
account of the shooting taken from the
Topeka STATE JOURNAL. After giving
the facts of the shooting the article closes
with this comment:
"While Mr.. De Barrows was resi-
dent of this city he bore an excellent
his friends here think that he would not
be guilty Of any crime unless he was
thoroughly justified, as appears TO be
the fact III this case, The impulse of
any man in protecting his family is ex-
cu5able under these circumstances,
though no doubt he was a little TOO has
ty in firing the fatal shot"
The accused is a member OF the Ross
/ vile lodge OF Select Knights of Amer
- l,ar 81 "a
Jacksonville Odd Fellows. The latter
have taken great interest in the case,
and have contributed to nelp De BarroYs
| He has retained :. B. isenhart, 4. Ii.
Hubbard and a. NJ. Harvey as his attor-
neys.
David Overmyer was present this morn
ing to assist County Attorney Stafford aud
Deputy Arthur McCabe in the prosecu-
tion.
Ross, the man killed, was an uncle of
David Mulvane, of the firm of Overmyer
s. Mulvane.
When the case was called County At
torney Stafford said that the most impor-
tant witness for the state is now in Solo
mon City. This is Henry Carter, who
went with Ross to De Barrows' home on
the morning of the killing and was pres
ent at the time
'fThis case has been set two weeks
gentlemen, plenty of time to get wit
nesses here said Judge Hazen There
will be no delay and the trial will go on"
Mr. Stafford then asked Tor an order of
the court authorizing Shawnee county
deputy sheriff to 60 after Carter, stating
that he thought he could be- brought
here by tomorrow morning. Judge
Hazen gave the necessary order.
The county attorney asked leave to
put the name of II. Miller, Rossville
clerk, in the information against the ac-
cused. Mr.. Isenhart objected, but the
request was allowed.
air. Isenhart then moved to quash the
information on the ground that no crime
had been committed by De Barrows.
"Do you wish to argue the demurrer,
gentlemen% asked the judge.
Il don't" Isenhart replied.
"Overruled'' said Judge Hazan.
The examination OF the jury was begun
at 10 o'clock. As Arthur M cCabe stepped
before the jury and said: "On the fourth
of last July one Joel D. Ross was shot
and killed near Rossville by Richard
DeB2rrows,' the accused was completely
overcome. The tears sprung TO his eyes.
His lips quivered and drawing his hand
kerchief from his pocket he wiped away
the tears which filed his eyes. These
were succeeded by many others
and fer several minutes he held
his handke rchief over his eyes.
During the rest of the morning his
handkerchief remained in his hand. He
| occasionally applied it to wipe away the
hriny flow that would come when he was
referred to as a murderer Toward noon
he became calmer and listened with less
perturbation to the impanEeling of the
jury.
The state was very careful in the ex-
animation of jurors to find out whether
they were members of the Odd Fellows
or Select Knights. The state excused