The Topeka state journal., 1899-12-07


said to be Jackson's. Yoenan told
witness to take good care of the gun,
as it was an old standby of his.
YESTERDAY AFT ERNOON'S TES-
TIOIONY.
The cross examination of Thomas
Hicks by Attorney DOran yesterday af-
ternOon developed little that had not
been brought out by the direct examina-
tiOn, and after he retired Frank Brush,
a nephew of Frank Foster, who lives at
Mr.. Fosters residence, 105 Greenwood
avenue, was called to the stand. Mr..
Brush was the young man who told
B. NJ Welden to bring Jackson over to
Fosters after the shooting occurred.
He testified that he was sitting on the
porch at home on the Sunday afternoon
when the shooting took place.
What was the FIRST thing you
heard?" asked County Attorney Jet
The first thing was the reports of the
TevOlVers. The lOudest report was first
and this was followed by several 9th
ers," said Mr.. Brush
What did you do2"
I went over around Mr. Balls place
and saw Jackson standing there"
Which Jackson was that2"
David Jackson, the man who was
killed"
Was anyone else there?"
The man they called the driver was
up on the porch"
What did you say or do?"
I told him to bring Jackson over to
our house. and We helped him over
there"
Did you see Yoeman?"
Not till he was brought around in
the patrol wagon"
Did you hear him say anything
He said, I hope to God I've killed
him -
Was WeIden in the patrol wagon?"
He had not been arrested yet?"
NO, sir.
The cross-examination by Mr.; Doran
was largely with reference to the rela-
tive position of the Foster Ball and
Jackson residences. The Ball residence
is just north of the Jackson residence
with a vacant lot between. The Foster
residence is across the alley east from
the Ball house, and there are two or
three barns between the Jackson and
Foster residences.
Mr.. DOran asked the witness if it was
not possible that a light shot might
have been fired without him hearing it.
Mr.. Brush thought it hardly probable
that such a thing could have occurred,
but he would not state positively
Elmer Ebey, who lives at 220 Wood
lawn avenue, a block south of the Jack
son place, was placed on the stand and
testified that at the time of the tragedy
he was in the yard of D. H Morgan s
place, across the street from the Jack
/ son place, talking to Miss Helen Nor
gan.
Were you looking toward the Jack
son house when the shooting commenc-
ed?" asked Mr.. JetmOre.
L
What was the first thing you saw or
heard o"
I heard a shot and then turned
around"
What did you see?"
Jackson was just falling"
Nv hat came neXt2''
He and Yoeman exchanged several
shots"
Did you see WeIden?"
Not. till he took hold of Jackson to
help him"
Where was he then?"
"Over in Balls yard"
Did you see any shooting after jack
son got up?"
i saw Yoeman shoot once"
IN what direction did he shoot?"
1T was northeast
In what direction relative to jack
son?"
1T was toward Jackson
What did Yoeman do after the
shoOting?"
He walked up and down the walk in
front of the house"
What condition was he in; excited
or Otherwise2''
He was cool"
What did you dO2"
I started to go over there, but just
how far L went I don't remember-pOs-
sibly as far as the parking"
Did you hear anything?"
I heard some one ask what the mat
ter was"
What did Mr.. Yoeman say?"
He said they We're having a little
Il H.
Mr.. Ebey then told of going to sum-
mon the police and seeing Mrs. YOeman
on the front porch crying
Miss Helen Morgan, daughter of D.
H Morgan, followed Mr.. Ebey on the
stand.
Please state your name." said the
county attorney.
Helen Morgan"
Where do you reside2"
"At 127 WOOdlaWn avenue"
Where is that with reference to the
Jackson prOpeTty2'
1T is across the street and one lot
south"
Were you at home at the time this
shooting Occurred?"
I was"
where were you?"
4 was just south of the porch of our
house on the walk"
You and Mr.. Ebey were just starting
away, were you"
Yes, sir"
Were you in such a position that you
could see the jackson placer"
Yes. sir
Were you looking over there pre-
viOus to the shooting?"
No, sir
What did you first hear?"
I heard shots fired"
What did you dO2"
It Immediately looked around
After the witness had located var
| ious places on the plat, which was be-
ing used as evidence, Mr.. Jetmore ask
ed:
What did you see when you looked
/ over there2"
I saw one man just in the act of
falling. and another man standing west
/ and south of him.
Did the man who fell have a revo1-
/ ver?"
! Yes; he had a revolver in his right
! hand2'
Did the other man have one?"
Yes; the other man held a revolver
with both hands.
could you distinguish whether one
/ shot was louder than another than an
/ other2"
I think the second shot was louder
I tI,a11 The first-in fact I am rnsitiua II