The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1899-03-10
THE BELL MURDER TRIAL
The Slayer Of Byron Cush-
man on Trial for His Life
at Yates Center.
some DAMAGING TESTIMONY
Is Given by the States Wit
nesses-Detailed Report
to The Register.
Special correspondence to the REolsTERl

ing and killing Byron Cushman, of
Humboldt, on the evening of the 4th.
of July, 1898. There is a strong array |
of legal talent represented on both |
sides: In selecting the jury G. II.
Stephenson, of Yates Center, repre-
sented the State and w. f.. Hogue-
land examined the witnesses for the
defense. The jury was finally select
ed at noon Tuesday, and are as fol-
lows, mostly farmers:
G. a. Bakersfield, Yates Center,
merchant.
L. a. Lynn, Neosho Falls, farmer.
Ed Trout, Neosho Falls, farmer
Clarence Moorehead, Everett,
farmer.
Clayton Trembly, Belmont, farmer.
Chas. Boughton, Neosho Falls,
farmer.
G. w. Miller, North, farmer.
Cal. Davis, Toronto, farmer.
VIM. JefI'res, Center, farmer.
A. A. Shockey, Emiuence, farmer.
Jas. Thoroughman, Yates Center,
coal dealer.
/. Miller, Center, farmer.
The attorneys for BELL are Cox ~
Farrelly of Cnanute, W. n. Choguill
of Humboldt and Lamb d Hogueland
of Yates Center. The States at
torneys are county attorney Gard of
Allen county, j. b. Atchison of lola
and G. II. Stephenson, 5. G Holmes
and Holcomb ~ Florence of Yates
Center. Both sides are contesting
bitterly. Judge Stilwell ordered the
sheriff to keep the jury together and
to allow no one to converse with them
until the case was finished.
AFTERNOON SESSION
Court convened at / o'clock and
County Attorney Gard made the
opening speech to the jury describing
the killing and the weapon used, and
what led up to it.
After Mr.. Gard had finished his
statement G.. A. Cox for the defense,
addressed the jury and told them
that the defendant was an unfortu-
nate young man, that he was SUBJ
iect to epeleptic fits and had had one
on the morning of the murder. Mr..
Cox also admitted that Bell was adj
dIcted to drink Mrs Cox scored the
officers of the law for allowing the
Joints to run at Humboldt and said
that if they had done their duty that
Byron Cushman would be alive to-
day, and Bell would not be prisoner
at the bar.
The first witness called was o. G.
VanFossen of Humboldt, who testi
fed that the first Time he saw Bel
on the 4th of July was about dusk II
a iolnt, that Cushman and Bell were
the only parties in the Joint at tina
time. and that Bell used some pro
fame language and that Cushman toIt
him he had better wash out hti
mouth. Bell responded: "lou g. O
b. maybe you had better wash
out.U Parties then intertered anI
the men parted and did not NEE
again until abou5 II O'Clock p. m. Oh
cross examination by Mr.. Cox, wit
ness said that the deceased wa
somewhat of sport and quite a has
ball player, but Mr.. Cox could ne
get him to say that Mr.. Cushman wa
a "scrapper." VanF9ssen told hir
he was kid, and Bell told him h
was not such a kid as he thought h
was. Witness testified that the
had all been drinking.
Tom Reager, colored man, wa
the next witness called and testilie
to seeing Bell have revolver an
heard him say that he did not con
up there to be run over. Reager
testimony was unimportant except
show that Bell had gun.
Walter Burts, of Humboldt,
livery stable keeper, was the thin
witness called. He testified that
had known the defendant Tor five
six months, and that he left h
bugqy at his barn on the 4th of la
Julv. He saw Bell have revolv
i'm his possession, and say that
expected to fix that g. of b. w
hit him ON the side Of the head. III
latter part of that answer was o
iected to and the Judge ordered
stricken out, because it was not G.
tain that he had reference to N
Cushman.
Charley Shields, of Humboldt "
the next witness and testified to ma
ing known the defendant for seve
years, and saw him ON the day OF
shooting. He heard the fatal sh
and heard Cushman cry out, Q