The Topeka state journal., 1899-12-06
WHO FIRED FIRST.
Important Fact to Be Brought
Out In Yoeman Trial.
Both Sides Apparently Afraid
to Ask the Question.
NOPOSITIYE EVIDENCE
Witness Says First Shot Was
Not So Loud as Second.
Another Says Jackson Fired the
Second Shot.
NOPOSITIVE EVIDENCE
Dying Statement Will Form
important Feature of Case.

Up to noon today both sides in the
YOeman trial studiOusly avoiding ask
ing of the e-witnesses of the tragedy
who fired the first shot Both sides led
up to the question, but neither asked it
direct. The defense, however, managed
to bring the idea prominently before the
jury several times that the first shot
was fired from near the head of the
horse, where David T. Jackson was
standing w. o. Sutton. who was on
the express wagon at the time, testi-
fed to this.
b NJ. Welden, on the other hand, tes-
titled that he did not see the first shot
fired, but he swore positively that the
second shot was fired by Jackson, leaV-
ing the jury to conclude that YOeman
fired the first shot.
The first witness to give testimony in
the Yoeman trial was F. G. Squires, who
had made a plat of the house, barn and
grounds at 112 WoOdlawn avenue where
the Jackson tragedy occurred. His tes-
timOny was merely to establish dis
tances on the grounds, the arrangement
of the house and other details, which
would be necessary for the jury to fully
understand the testimony of the wit
nesses to follow. Mr. Squires had also
made measurement of the express wa
gon and the horse that stood in the
yard at the time of the tragedy. The
plat and five photographs of the prem
ises We're introduced as evidence.
The first witness who was in the vi
cinity of the tragedy, was Jesse Sut-
ton, who lives at 220 Jackson street
and who went out to the jackson resi-
dence to bring away some baggage on
the morning of the tragedy. He said
that David T. Jackson and his hired
man, Welden, came to him on the
morning and directed him to go to 112
WoOdlawn avenue to get some bag
gage Nothing was said of any trouble
at the time. When the witness reach
ed the Jackson residence, Mr.. and Mrs.
YOeman were out in the back yard.
The witness asked if there was some
baggage there to be hauled away. NIr
YOeman said not that he knew of. Wit
waited for Jackson and Welden. The
three went to the barn and got some
stuff, and Welden went into the house
and got a Valise and telescope. Jack
son and Welden went back to the barn
and said they We're going TO get the
horses. In a few minutes Welden came
out with the horses. He next saw
David Jackson coming around the south
side of the house. Jackson said, "Hur-
~ up with those horses" or some
thing like that, and started to climb
up on the seat beside the witness. He
had no revolver in his hand at that
time. About then witness saw YOe-
man come out of the house with a re-
vOlver in his hand. Jackson jumped
off the wagon and he also had a re-
VOlver then. Witness threw the lines
on the north side of the horse and he
jumped off the wagon on the south
side. Witness went around the house
at a good gait, and passed Welden and
the horses Witness heard the reports
= of the revOlvers, and then went on
around the house. YOeman was stand
ing on the walk with his revolver in
his hand Jackson and Welden were
not in sight. Did not know al the time
whether anyone was shot but saw
blood on YOeman. Witness asked what