The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-12-08

Iaration that the foregoing and above
affidavit is true to the best of my
knowledge and belief eo.,
dated Topeka, Kansas. June Is, 1899.
Witnesses: J. C. AIcClintock, S. w
McKibben, S. a. Johnson
AS soon as he had completed reading
the statement Mr.. Jetmore said:
The state now rests"
It was then just 4 o'clock on Thurs
day afternoon. The trial had begun on
Monday morning, and since Tuesday
noon the prosecution had been intro
ducing its testimony:
THE DEFENSE.
AS soon as Mr.. JetmOre said this Mr..
Madden made the statement of the
case to the jury from the standpoint OF
E W. jeffrey, cashier of a bank at
Elmdale, Chase county, testified that
the reputation of Yoeman as a peace
able and law abiding citizen was good.
Jailer Carl Lawson was introduced
as a witness for the defense, and said;
7 asked Weldon how it happened.
He said he and Dave went out to take
the horses away and had trouble with
the old man. They had a Scuffie and
Dave took the old man by the throat,
and he picked up a bottle and was go
ing to hit the old man. He took the
horses out, and after that Dave and the
old man went toward the house. He
took the horses around and the old man
came out with a gun. He, Weldon, sad,
Get your gun ready, Dave Just then
Dave shot, and then the old man turned
l.
fast he couldn't tell anything about
them
Mr.. Jetmore tried to tangle Mr.. Law
son up on these statements, but Mr.
Lawson refused to tangle.
Spectators and others who have been
following the trial have wondered why
more has not been said of the artist
Harding, who was said to be living in
the house with the JacksOns and zoe
mans at the time of the trouble. He
was barely mentioned during the prose
being PTnnlnNPd nv Mr.. II. y.
Jackson.
It developed early in the defense that
Harding was the DadIy-scared man wl ~.
away from the house with two grips i'm
frightened to hear anything that was said
to him, and only glancing back once.
been said about Harding when Attorney
L. S. Ferry went on the stand and read
behalf of the defense at La Crosse, Wis,
a few weeks ago. The deposition Is long
one and in substance 1t is as follows:
81 knew Mr.. YOeman two months Whlie
I was at Topeka in the employ OF H o
! Io,1se 11IeEJioIIs 70 mar time IA 8 lack
/ son and wife, Mr.. Yoeman and wife, Vel
| DaVid's wife was to come later.
con the morning preceding the shoot
! To the river to hunt About noon there
/ was trouble between H o. Jackson and
his wife. 1 heard a tussle in the hail and
! stepped out. They seemed to be trying
| to keep away from each other and had
| their hands stretched out 1 went back
I anything They were excited. Mrs. Yoe-
/ man came upstairs and scolded Jackson
i She came in where l was and showed me
know which-that she said Jackson had
torn off of his wife. Yoeman was not
/ there at the time.
-Soon after Mr. Yoeman come back;
porch. Mr.. Yoeman came out and went
/ up to Jackson as though to fight. He
! talked about Jackson abusing ms daush-
I ter, Mrs. Jackson David Jackson came
! between them, facing toward Yoeman
| He had his hand IN his right coat pocket
| There was a great deal Of talking Mr..
! Yoeman said: If all you fellows are go
| and he went into the house and got one.
sight. 1 didn't see Dave have a revolver
but think he had one. Soon afterwards
| the rig and drove off before dinner.
! I was sitting on the back porch when
son and Weldon coming from the car line
! very. fast. They said they came after the
man man asked him to 7eave enough to feed
| the horses. Weldon said he was going to
| take all of it. Yoeman said he didn't
! know whether he would not. Then [
heard something about horses, and I went
| up stairs to get my valises ready. knew
! I was to quit work, and had Cancelled my
! contract with H. o. Jackson. and my
! train was going at o'clock that after
! noon. 1t was then>sabout 3 o'clock.
! when I came down again I went out
on the back stoop Weldon was watering
| the horses and he looked at me rather
man, VI. against the barn I went out to
! stop Then they came towards the house.
| Mr. Yoeman's neck was red and blue and
! he was breathing hard. Dave took out of
! his pocket a small revolver. He seemed
: excited and mad Yoeman was in front.
He had no revolver. couldn't hear what
| was said. Dave was talking but Yoeman
| was not.
Dave went around to the front Of the
| house and YOeman went into the house,
| ! yelled Dave but he said. never mind,
| I was afraid there would be trouble and
! I went into the house Mr.. Yoeman had
his revolver, and he went out of the
front door I said gOOdby to him. 1 WASH
| going to get into trouble. As 1 went out
| on the stoop again heard shot followed
by others. The first shot was not as loud
| as those that followed.
Il cut across lots corner ways to get
! away. Out of curiosity 1 looked around
| and saw Yoeman and the express wagon;
| heard some one say, oh, father and
| I judged that David Jackson was shot.
David Jackson told me about two
| man. and 1 told Mr.. YOeman"
I After the reading of the deposition court