The Holt County sentinel., 1898-05-06

al every one, regardless of sen, age. ur
previous condition of s.rvItudr.
FOURTH DEGREE
MAkSLaUGHTER.
James Burge Is Given Two Years
the Penitentiary for the Kill
ing of Fred Browning.
The case Of the state of Missouri ",
James Barge. for thp killing 0i Fret
Browning ia Angus, last. was called il
our circuit court on Monday last
\ special verIre WAS ordered by thu.
court last week returnable on SATURDAY.
and Sheriff Edwards with his d-put es
Grdham and Bro.n, had the veUire
completed, and by noon the entire undH
of 81 men had been inter- gated. ;-Et
the 10 u4eu were chosen, from winch the
state strikes off and the defense % Th..
ia we're composed Of the fOliOHIrC:
Paul Howell, ThOS. l.. Handy,
Clint LayerIch, Geo. Patterson.
Frank Ksiirer. :. NJ. Stout,
David l. NJpher, j. +. Castle,
q. ". Bailengee. Sumner Meycr,
Wm Manan, J. Il. Mcdonald.
( Taylor Davidson. Edwin \. Welt,,
David Ely, Geo. ". Hubbard.
IL. ". Gilbert. +. : Eastnck.
Jonas Watson, .Ir.. Jas. ". Mil.
Joe II. Murray. Hugh BurrIe".
David Foster, jacob Foster.
Geo. Stephenson. y. L. MDUfc.
Sam Simpson, Clias. +. Bond.
Juu. W llamm. ID. ". Thuma,
Enbt. Patterson, ,Jr.. VIM. Haiier,
Henry Il ryd. Geo. X. I!Ibbar,i,
\. L. iieT>hner. Dan Burr.er.
Mich. May, Geo VI. Clark.
u. Z. Stallard. Wm. Il. Hopper.
But little difficulty was experienced lu
securing "a jury. 1t Was found that but
seven OF ihr large VenIre were EucpWpa
tent IL Try the cause On accDUn, Of their
having conscientious scruples dii ut
believe in the death penalty. THESE were
j. &. Fitrs. Il. =. h"sves, ". : Hold
gin. &. y. Nlcn,, Vim. Wood, .Inn.
Dreher, and Frank Shackeifurd.
The state was represented 10y Prose
Gator Stubbs aui hIs assistant, Will
!ams; these gentirmen were very ably
assisted 10y john Nennish. The drfeuS,
waS III the hands II J. ". Stokes. aud =
+. DFailun.
The ease aHd facility NTH which the
necessary number OF m-n were qualified
surprised court. lawyers and Spectators.
and the list of names for challenges
we're In the hands uf the iawy ers. and IN
Monday morning the twelve tu try the
cause was soon chosen. and Vas IN tde up
of The following:
David Foster. "A At Lurer. Oregon.
Sumner Meyer. farmer. Of near For,
est City.
Dav.d Ely, farmer, Of Hickory toxin
ship
Sam simpson, plasterer, Ofegou.
Al. EIershner, farmer, Midway ;oNn
ship.
Smith Stout, farmer. Lewis township.
Ned Castle, we'll contractor, Oregon.
Paul Howell. paper hanger. Oregon.
Vim. Mahan, farmer. Nndaway 'nWn-
ship.
Jonas Watson. r.. farmer. Lows
township.
Taylor Dawson, farmer. NDia"ay
township.
HiOGEATiY.
James Burge. whni5 charged with tn;
KIllIng Of Browning. was bern IN Illinois
IN lSti;. and Is therefore - lsrrs rf age.
being born in February. lie came Il
this county with MS par-uIs Ns..n ii
mere babe, his parents ios, itlus un the
river west of Bigeiow. H., had ALWAYS
pursued farming, and IN VI .rch, lS.ni. te
moved II Mound City. l.r,ng IN the
town aud WAS farming IA pi - ut land
belonging 10 Tom Moore. lis father =
living IN Mound C!ty, and Is u The I.,r-
sion rolls. His mother has been dead
several years. lie has four brothers and
live sisters. three Of whom ar .ltrTI.,i.
lie - married and has four ri..iir-n.
Mrs i and children are making their
home with her parents, a Mr.. Snpi-rass.
south uf Craig. Mr.. Burge Is O.. hight
complexion. stand - feet lu incht- ara
weighs aholt l10 pounds. Ills ger "a!
bearIn. IN the court was favnrab.. l.
hIs cause. and there seemed Hptiiug t.
Indicate that lie WAS bully. and unt.
that would seak trouble: lie informs flS
also that he never drank Intoyican:s. ana
Was never under the influence uf hg'."r
but once. which was "a number Of s-.Ir.
ago.
Prosecutor StubhS opened for the state.
followed 10y Mr. O'Fa!!1n for the defense.
who was followed by Assistant prosecutor
Williams. Mr.. Stokes closed for Barge
and Mr.. kenn!>h for the state.
Daring the arguments, the father ani ,
mot her and widow of the deceased man
were III the court room lis also the .
widows parents. Mr.. AID Mrs. Charles .
Anselment and their single daughter:
other relatives aud friends were present,
and the court room was well filled. Z
1t MAS about Il II. IN. when Prosecutor 7
Stubs took the floor and presented his
cdse 10y reading the indictment. NJ.
Stokes for the defense stated his clients
case, and though "A very unfortunate al
fair. he did rot believe the eyIdeuc4
would show that 1t wls Il wllfui or pre-
neditated affair. and that the respousi-
hilIty was wholly upon HroGuIng Th.
first witness called, Charles Redmond
lie was "A resident Of st. Joseph. ard was
in Mound Gay on the DAY oG
the difficulty between browning aGd
Defendant Burge, and was at the plar,.
IN the rear Of the billiard hall when the
occurred. lie was some siX or
eight feet from the parties. Defendants
brother was Il Il axe holder. and under
stood that Browning had stated: Lots
throw him down and take the stakes
rom him." To which Burge SAID: Ill
anybody wants 10 take money from me.
In here. browning approached the
defendant, and after parley log of words. .
leard Brow ming pass the lie To the de
endant, and saw the defendant strike |
he blow: saw the defendant have knife
n hIs hand. and was whiting when the |
began. Heard browning say: i
That's my k nd of a man when de
endant's brother SAID he was here if {
my one waited to take the stakes from 1
,lm. On cross examination by Mr. 5
tie witness stated that Brown I
sg and defendant were some fifteen or c