Hutchinson gazette. [volume] (Hutchinson, Kan.) 1895-1902, 1898-09-22

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ternoOn the court commenced taking
evidence, Most Of the rest OF the day
WAS put In taking evidence, as Charlie
Butcher remarked, "provlng Boyd was
dead" The coroner and some others
testified NJ TO the nature OF the
wounds. Mat Pierce, Mr., Paris, MIR.
Sames, Policeman Charlie Hedrick
and y. W, Coberly, testified Tuesday
morning but brought ont nothing not
shown IN the cOroner's Inquest.
When Jack Burrel gave his evidence
the sensation began. lie testified that
Clark had SAID to him one night prior
to the murder while in this city refer
Ing TO BOYD, 1--WE a notion to way
lay and slug that man 10 night" At
terward at the Jail Clark had called TO
him and said, ITS all right, never
fear" That he had said, Mrs. Pos
tlewait and Clyde knew nothing about
IT," That he and Harry had got away
with the-of-That he was glad of IL.
I here WAS half Il dozen more In town
he would like TO serve the same way.
That when he (Burrel) had expressed
surprise that there WAS no blood Clark
had said, There was but the SIS his
didn't know enough to lind IL out,
That he had told Harry TO burn pair
Of bloody pants, but thought the
smell would attract attention so no
had taken them to his barn and buried
them Afterward dug them up and
burned them In a bond 6re,n On cross
examination he mixed things some
what, and his memory was poor on GER
tain particulars, The defense sought
to show Burrell's character by caus-
Ing him TO admit he had served term
In the penltentiary and since then had
plead guilty to selling liquor.
Over the admission at Harry P0ste-
waite to testify, a lively legal battle
ensued. The defense sought to have
hisevdence excluded on the ground
that he had been convicted and SEN
fenced for FELONY and had never
been pardoned. The prosecution
however cited decision of the DUN
ford case In the court Of appeals, in
which II was commended that conviction,
sentence and time at the reformatory
does not render man infamous or
deprive him of his rights as a citizen,
The judge finally overruled the OBJ
jections of the defendant to admitting
the testimony, and he was allowed to
testify, The defense also asked to
have the county attorney produce the
written confession of the witness, to
be examined by them and used as q
basis Of cross examination. 1t was
argued at some length and overrued.
The witness then told his story of the
killing in substance as follows: Boyd
was In the restaurant drunk. Quar-
relied with Mat Pierce. Then quar-
relied with the witness and abused
him. Clark came in and said he had
been laying for Boyd for several nights
but could't get near enough to put
the 6xin's to him " Asked him to
get Boyd out in the back yard and he
would do him. Witness refused.
Finally Clark left the bludgeon, the
piece Of gas pipe, and told him to put
the fxin's TO him" Boyd Quarreled
with him more, tried to 20 upstairs to
see his mother. Said he would com.
pei her to marry him. Witness tried
to prevent him. Boyd called him
names, finally slapped him. Hestruck
Boyd and Boyd knocked him down.
At the front door he struck Boyd with
the gas pipe seven or eight times, then
sent Clyde for Clark. When Clark
came he wanted to know IL Boyd was
dead. Said good enough for the s--of
b. Clark then helped him carry
Boyd out. Said Clark had showed
him blood on his pants and he had
better take off his pants and he would
take care Of them. Said Clark took
them and burned them. On cross ex.
animation witness said they had never
run joint there, had never sold beer.
That if Mr.. Pierce, Mr.. McVay and
Others had testified they bought beer
there it was not true. That this state
ment is just as true as any other he
makes.
Mrs. Posthlewait, being put on the
the stand, said Clark and Boyd met
occasionally at her place. There was
had feeling between them. Boyd sew
eral times did things very disrespect-
full toward Clark, who said nothing in
reply. Said there was an agreement
between her and Boyd, that she wonld
not talk to any other man and he would
not drink. Said she did not know of the
killing until Harry told her about 700
O'Clock next morning She sent for
Clark. She said it is hard for me to
give Harry up. lie began pounding
o.