The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-02-04

| WOODS, W OOQRarQ ana OOMducue COuu
ties Of the situation and asked them 10
join nj a survey Of the lines.
AS the case now stands Eiklor and
sons are in jail at This point; bail has
been refused except as to Arnell, and
his was fixed at 81 900; the preliminary
examination has been set for next
Monday; but unless definite informa-
ton as 20 what county the scene of the
crime is 'Ncate5 in is received by that
time, it Will be further continued.
THE DEFENDANTS.
The writer went 10 the Jail of Barber
CouL;. on Tuesday and requested an
interview VIII the defendants. F. 3.
EiklOr said that while they did not like
20 authorize statements regarding the
affair, at the same time he realized that
the newspapers would say something
about il and that he would recount the
difficulties leading up 10 and tell just
how the fight occurred. He said it was
a fight or battle and that the difference
was the other man was killed.
EiklOr, ST., said that he began hav-
ing trouble with Phillips some months
since; that 1t started by Phillips en-
| deaVoTing TO get possession of his old
| home place just north of Aetna; that
when he failed in that he began trying
to break UP his pasture by securing
! control of lands inside the fence but
that there were no serious words over
that. He said he realized from the
! start that he had a bold, desperate man
| to deal with and avoided trouble as
much as possible. The hay lands that
led up 10 the killing he said were TWO
quarters adjoining his old home place;
! he had formerly owned one quarter but
had decided it TO the mortgage company
had had of hoHh
had used them for hay and pasture for
/ q long time. He said that last year he
and his boys began putting up hay on
I said lands and that after they had put
up about half or more of the full
| amount-which was about 100 tons
that Phillips notified him that his SON
| in-law, Geo. Z. Bacon, had leased the
! land and that he, Phillips, was acting
for him and would put up the hay. He
| said the Bacon leases were dated re-
! spectively the 18th and 21st Of Septem-
| Der. 1895.
Mr.. Eiklor explained quite infinitely
all the circumstances and the different
! interviews with Phillips; how Phillips
! demanded all the hay or 500 in money;
! how he (EiklOr) had gone to Mr. Bacon
at Kiowa, and offered to give one-third
and finally one-half of the nay if he be
| allowed to retain the remainder; how
| finally Alvin Phillips, brother of Wash,
| and George, Wash's son, one day threw
| off hay his sons We're loading and how
1 he came to town to secure the arrest
! Of the Phillips boys for assault. He
| spoke somewhat bitterly of the county
attorneys refusal to issue the warrant
and said ne realized that he was in d
tight place, IS he believed that Phillips
would be only too glad to take the law
in rs own hands, and that serious
| trouble was what he desired TO avoid.
He also told that Wash Phillips and
W. c. Richardson had come 10 where
his cattle were in the field in dispute,
Phillips armed with a shot gun. He
said that Mr.. Richardson accounted for
his presence the next day to his son
on the grounds that he had been in
formed that he had a heifer in the
bunch. He said that he plead with the
county attorney for a warrant and
finally sent Judge Ellis to see him; that
the warrant was finally issued Tor Phil
lips and Richardson, but was never
served.
He said he employed Judge Ellis to
prosecute the case against George and
Alvin Phillips for assault, and went all
over the ground of the continuances,
etc, and said he was much relieved
said that under the arbitration agree
ment Phillips was to hold enty-fiye
head of cattle to secure damages, he
(Eiklor) was 10 dismiss the case against
the Phillips boys and both We're to abide
by the decision of the arbitra tors re-
garding Ehe hay. He said ne went
home on Saturday, the 18th inst, and
found that his sons, during his absence,
had taken all the cattle, which Phillips
had seized for damag es-which was the
entire bunch of about 800 head and
which Phillips had taken with shot
gun-away from the man Phillips had
left in charge. He said he realized at
once that this might make Phillips mad
and he told Phillips hired hand and
Phillips son, both of whom were there. /
to tell Wash that ne should have the
twenty-five head stipulated in the arbi-
tration agreement He then gave about
the following account Of what occur
red
When Phillips got home and found !
the cattle were gone. he came over /
10 our house with a shot gun and cursed /
me and abused me shamefully We /
did not so out or reply and did not 1
light lamp for fear he might shoot in |
TO the house Finally his brother Alvin
came to the door and as he said he 4
I LllEE1
70 let him in. We talked the matter
over and l told him Wash should have I
the twenty-five head Of cattle agreed \
upon. He went away with Wash. He 4
came back again and We talked il over
again. l even agreed 10 cut out the
cattle that night, but Il was finally ar
ranged 10 cut them out Sunday morn
ing.
sunday morning Phillips came over.
He was very angry and abusive. My
BOYS cut out twenty-five head Of the
best cattle FOR him. That day Sheriff
Mills, and the agent Of the Kansas
city men holding lhe mortgage. came
cut looked over the cattle / had and
we went over 10 see what Phillips had
Phillips cursed and threat tened me- n
their presence most d-eadfuIly.
"On Monday I understood Phurirs
borrowed Ar. H5ys Winchester ~
Mrs Hoy. Tuesday night Phillips fl
died for dance i'm Aetna though On
tEat day / am quite positive h. fol-
lowed " my cattle ana Cu- out thirty !
I'VE or forty more. About noon On I
tuesday my oldest son. Monty. started
for h-oWa AFTER provisions and STONED
AZ NaUEhl'S that night. I had worked
my cattle south after getting them
back from Phillips, across the -.Le into I
oklahoma and my sons Sidney a--I
20 and Arnell aged i. were canned
on little creek about two miles south
~ the line. looking after them We'd
EaS12y morning / Eot on q horse %
So down ~ look after matters and TAX
the boys down S1u2e provisions. took
q dcuble-bar~eled sEn- gun loaded win
p-E s1ut. almost buck shot with ma
l found Sidney with the cattle near a
gate leading from The Brlwuberk ms
-ure into Oklahoma some = 1-l- 80