The Topeka state journal., 1899-12-06

jected to the discussion of the dOcu-
ment in the presence of the jury, claim
ing that it was a matter for the court
to pass on and not for the jury. Judge
Hazen said that while the matter
would be passed upon by the court he
could see no objection to the jury
hearing it. Mr.. JetmOre however,
said he had no objection to the jury
being excluded. and they retired.
After the jury had retired DR.. Nc
ClintOck testified that on June 13,short-
ly before Mr.. Jackson died, the wit
ness told him he was dying and asked
him if he had any further statements
TO make. The first part Of the written
statement was dictated to Assistant
County Attorney Nichols on June II.
Mr.. Jackson said he knew he was go
ing to die, and he went over the state
ment previously made and written by
Mr.. Nichols, and made affidavit that it
was true, signing his name to the aff-
davit.
The court also questioned DR.. Nc
ClintOck as to how the statement came
to be written. DR.. McCIintOck said he
believed he himself suggested it Mr..
Jackson was rational at the time
After DR.. McClntock had concluded
his testimony Jesse Sutton was recall
ed for cross -eXaminat tiOn, but nothing
new was developed from him.
w. o. Sutton, father of Jesse Sutton
who accompanied his son on the morn
ing of the tragedy. was the next wit
ness called. Mr.. Sutton is a carpenter.
He testified that he remained on the
wagon while his son went to the house
to ask about the baggage. 1t was about
ten minutes before Jackson and Wei
den came and instructed them to drive
to the barn. Witness saw nothing hap
pen at the barn Mr.. jackson then said
to drive around to the front again to
get some more things. Witness son
helped bring a trunk out of the house.
Saw Welden bring two horses out of
the barn and stop at the watering
trough. Heard Jackson say, Hurry
up with hose horses" When Welden
got nearer witness heard some one say.
Get your gun ready Looked around
and saw YOeman on the porch. Jack
son had one hand on the dashboard of
the wagon and the other on the seat in
the act of climbing up. Next thing wit
ness rememb bered his son threw the
lines out on the north side of the
wagon and he jumped out on the south
side Next saw Jackson near the
horses head, and -YOenan was in the
rear of the wagon. Next saw Yoeman
also near horses head, but did not see
him pass. Did not see Jackson have a
revolver until after the shooting. The
hrSt ShOt was fired near the horses
head. Jackson was backing off and
YOeman was advancing. Jackson fell
on the terrace and there were two shots
after that. Tl-e horse began rearing
when the shooting began, and after the
first two shots were fred witness jump
ed off the wagon to get hold of the
lines.
On rOSS-eXamInatlOn MT.SuttOn said
at the time he heard some one say Get
your gun ready" the voice came from
behind him where Welden was, but
that Jackson and Yoeman were both in
front. The first report of a shot was
right near the horses breast. It was a
light shot. The next shot was heavy
one, but witness did not know whether
it came from near his side or a little
behind him. When the first shot was
fired the horse jumped sideways and a
little back.
One of the most important witnesses
in the entire case is B. NJ. Welden. who
followed Mr. Sutton on the stand. His
home is at EmpOria, where he works
for a transfer company He is the man
who was with David T jackson at
the time of the tragedy
Mr.. Welden testified that he entered
the employ of H 0. Jackson last March
at EmpOria. Mr.. Jackson hired the
witness to take care of his two teams
and to drive for him. Mr. Jackson own
ed two teams. a sorrel team and
black one, which were kept at a livery
barn at EmpOria when witness began to
work for Mr.. Jackson. Mr.. Jackson al
so owned a coupe
Mr.. Jackson came to Topeka in
March, the witness testified. and the
witness drove up with a coupe and
one OF the teams a few days later, af-
terwards going back for the other team.
The preliminary examination of the