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

ed:
on the morning of this tragedy, did
you and Yoeman eat breakfast to-
I'VE did"
Did you tear up dress that morn
Il did"
is this the dress?" asked Mr.. Doran,
holding up badly tattered garment.
rs that the way you left it?''
4 don't know"
What did you tear it up for?'
Did you and your wife go upstairs
together and have trouble up there"
4 went up first
Did you not have a scufF1e with her
up there and did you not try to get
your revolver, and did she not scream
and try to keep you from getting it?
IS not that what brought your brother
in there?"
mo, sir. did not start to get the
revolver until was packing up things
to go away 1 started for the dresser
to get it. when my wife took hold of me
and said 1 should not get it"
Why did she do that?''
I suppose she was afraid to let me
She was afraid you might shoot her,
was she?"
She might have BEEN
In this affair out on the porch did
the old man have his revolver"
He did,
''Are you sure?"
q am positive he did"
Did he have it in his hand? ?"
mo, it was in his hip pocket
DO you mean to tell me that he had
/ this great big gun in his hip pocket!
said Mr. Doran. picking up the 1O-inch
weapon and trying to put it in his own
pocket"
What did he say?"
He said: If you fellows are going
to be out here with guns I am going to
| be out here with mine, too And he
wanted to mix up with me"
Didn't he. say, anything about your
abusing his daughter?"
He did not. He talked about his
money!
He knew that you had abused his
daughter didn't hep"
Il presume some one had told him
! that we had trouble
What did you Say?"
Z told him my wife, and had had
| trouble and had agreed to separate
DO you mean to say that the old
man didn't say a word about your abus-
/ ing his daughter?''
He did not"
After dwelling on this for some time
! Mr.. DOran asked:
You say you were afraid to go back
| there after you went away for fear the
! old man would shoot you?"
Yes, sir.'''
And yet you sent your brother
| where You We're afraid to go yourself?"
L did not think he would have trOu-
| ble.''
/ Didn't you say to Al Hopkins at the
! city Jail on your way out to the house
| right after the shooting that you knew
/ the old man was - - -,
and that you had bought a revolver the
/ day before and gave it to Dave. telling
| him not to let the old man get the drop
on him?"
4 was excited then and don't know
! what I said"
| What did you say?"
| Il don't know"
/ Didn't you tell Hal Williams and
/ another man that you bought that gun
! o. q q
4 believe I said I bought it to pro-
| tect myself"
Haven't you been the prosecuting
| witness in this case"
/ Il have not"
! Didn't you send a man to Chase
| county to look up testimony against
| the character of the defendant?''
Mr.. Jetmore: Tell him whether you
! did yourself or not"
| Witness: 4 did not"
Didn't you furnish money to send
a MANI"
Yes"
Haven't you been furnishing money
| right along for this prosecution?"
After considerable minor testimony
| Mr.. Jackson made the statement that
! Mr.. YOeman threatened to shoot him
| on May IA, nearly a month before the
killing of David T. Jackson.
Did he say he would shoot you?"
yes, he did, answered Mr.. Jack
He was going to shoot you just be-
cause you had tried to find him work,
| was he?"
No, it wasn't just that"
what was it then?"
"He was sore at me-"
''Why sore?"
Il don't know. He has been sore at
| me ever since the first time he saw
| me"
''Why was that?"
4 guess he thought was marrying
his daughter to get his money"
Did you ask him for his daughter
! when you married her?"
4 asked him the day before
| What did he say?"
NO"
You married the daughter against
| the viii of her parents. did you?"
| Against her fathers
Mr.. Jetmore objected to any more
| questioning along that line as having
! no connection with the case. The court
sustained the objection, and took a re-
| cess.
After the recess Mr.. Jetmore unfas-
| quantity of mems clothing. 1t was
| blood-stained and mOth-eaten.
i wish to offer in evidence he said,
1.-The clothing worn by David T. Jack
son at the time he was killed"
The clothing was admitted.
L now wish" said Mr.. JetmOre, "to
! offer in evidence the dying statement
of David T. Jackson"
The following is the dying declara-
ton of David T. Jackson as written.
The portions in brackets are the parts
which Judge Hazen decided were in
competent, and these were kept from
the jury. The statement reads:
Shawnee county, State of Kansas, IS:
David T. jackson, being first duly
/ sworn, on his oath says that on the 1lth
day of June, 1899 he and one - Weldon
went to the residence of s f YOeman
to get a team and some other personal
| property CcIaimed by said s E. YOe-
man and H. 0. Jackson, brother Of
this affiant; that said S. E. YOeman re-
fused to give up the .property;l that