The Wichita daily eagle., 1897-12-05


Daughter-Fais to Prove That th'
Negro Who Was Arrested and Cam
Very Near Being Lynched. is Guilty
Defen-e shows Strong Alibi For Hin
and He Goes Free-Payne County to &
Big Expense-Story of the Crime
Guthrie, o. T, Dec. 4.-The saltwater
Gazette has the following comprehensive
account of the acquittal Of Lothlen. ID
says:
The trial of Lothlen, the negro chsrg-
ed with the murder Of Freeman Nor
row on the line between Payne and
Logan counties on the night Of Deem
per 15 1886, has consumed a greater por-
ton of this week and at the close of the
ease yesterday afternoon the court took
the matter out of the hands of the jury
by appointing one of'their number fore
man and instructed .lim to sign YER
dict of not guilty, as the evidence in the
case was not of such a character as
would justify any other verdict.
There are a number Of mysterious in
cidepts surrounding this case and al
though there was some very credentials
evidence tending 10 Snow tnat Lothlen
wss the guilty party it was 50 badly
disconnected that even without the tes-
timony of the defense it would have
been impossible to convince a reason
able jury that the right man was on
trial. The evidence Of the defense, how
III nc 0trl n
len had no difficulty whatever in prov
ing an alibi beyond a sadow of doubt.
Almost one yeor ago Freeman Nor
row, resident Of the southeast part of
Pswnee county, was travelling on the
road from mis- claim to Guthrie, a dis
tance of somewhere near one hundred
miles. He was a widower and his daugn-
ter, a bright little girl of IA years, ac-
companied him on his trip.
They camped for the night about four
miles southwest of Perkins on the coun-
ty line, near what is known as CoFdu-
roy creek. There they had evidently gat-
ten their supper and retired for the
night, without a thought Of the terrible
fate that awaited them. Some time dur
ing the night a bloody assassin crept up
on them and while they were sleeping
crushed the old mans skull with an ak.
The little girl also received a blow upon
the head with the same deadly instru-
nlent, but when found the next morning
showed some signs Of life, and by care
fal nursing was restored to conscious
ness and finally fully recovered. Nor
row was known to have some money,
probably IS or $40 upon his person when
last seen alive, but it had been taken.
His watch and other valuable trinkets
about his person, however, were left un-
disturbed.
There was some evidence that rape
was the motive for the crime, as the lit
tie girls clothing had been badly torn,
although an examination revealed the
fact that it had not been accomplished
The next morning when the details of
the terrible crime became known the en-
tire neighborhood was thoroughly arous-
Cd and every effort was made to find
who the bloody ffend was. The only clue
they had TO work upon was the state |
ment Of D. L. Porter and Charles Me- |
tew. 10 the effect that upon the night of |
the murder they passed the Morrow |
wagon about 10 O'Clock at night on theig |
way home from Guthrie A short dis |
tance before they got to where the outfit |
was csmped, a negro with an ak upon |
his shoulder, asked permission TO ride |
with them, which was granted. The ne
gro acted very peculiar and they became |
alarmed lest he meant to do them bodily |
harm, so 70 get rid Of him they turned /
In at farm house and said to him that |
they were going no further. He got out |
Of the wagon, walked a short distance |
down the road, when he turned and went |
back toward where the Morrows We're
camped. Afterwards they went on |
home.
Upon their story and other circum-
stances connected with the case Tom
Lothlen was placed under arrest charg-
ed with the crime. Excitement ran hign |
FOR awhile and Immediately after the
corOner's inquest was held, II appeared
that a necktie party would be organized
instanter. But the evidence against the
defendant was not conclusive. The evil
dence of Porter and Mehew was not pos
itive as 10 whether Lothlen was the ne
gro who rode with them or not. 10th
lens clothing was spatteTed with blood,
but he and a number of reputable citi-
zens proved beyond reasonable doubt. |
that ne had been helping TO butcher
some hogs the day previous which ac-
counted for the blood Iothlen was
placed in jail and at the last term of /
court was indicted by the grand jury.
The evidence against him was purely /
circumstantial and while in some spots
appears quite strong. there were other
very weak links in the chain. For in
stance. Porter and Mehew both testified /
that they thought Lothlen was the man
VINO rode with them on :hat fatal night. |
Yet one of them described their psssen-
ger as having a moustache. while the
other was equally rs positive that ne
did not. There are numerous other con-
fiicts in the evidence of the prosecution.
The line of defense was that the de- |
fendant was at home building a turkey |
coop five miles from where the murder |
was committed at the time Porter ana !
Mehew passed the place. and was al |
home all night.
The decision is pronounced by all wh1 |
heard the evidence a. all that could |
have been done in the matter and not a |
few OF the tax payers Of this county have |
been heard to denounce the county at
tofney, not only for bringing this case
In this county when it rightfully be- |
ionged to Lincoln. but for holding pris- |
oner for almost year in the county Jail |
upon such fiimsy evidence Is they had |
against this man
FOR THE YUKON COUNTRY.