The Topeka state journal., 1899-12-06

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some time before the shooting occurred,
| and that Mr. Yeoman used Mr.. Jack
sons horses when he wanted to, but
! that Mr. Jackson paid the household
| bills.
! Mr.. Welden further testified that Mr..
! Yeoman kept a shotgun, a large re-
| VOlver and a smaller one in the house,
and that he was out shooting with one
! of the revOlvers down near the river
nearly every Sunday The witness also
! told of an incident which he witnessed
on the back porch one day. Mr.. and
/ Mrs. H. O. Jackson, David L. Jackson,
and Mr.. and Mrs. Yeoman were on the
porch and a dispute was in progress,
7 which the witness saw from the barn
/ David 7. jackson stepped in between
! YeOman and H. o. Jackson. After
wards witness heard the TWO latter
/ talking about a settlement. Mr.. GeO-
/ man demanded some money, but Mr.
! Jackson said he didn't have it then, but
/ that Mr.. YeOman could take the horses
if he wanted them. Mr.. YeOman said
: he wouldn't have the horses but want
/ ed his money. Mr. Jackson then said
| he would get the money the next day
/ and pay Mr.. Yeoman even if he had to
\ borrow it.
In the midst of the examination. of
| Mr. Welden the hour for adjOurning
| court arrived, and further examination
! was deferred until this morning.
The ante-mOrtem statement of David
| 7. Jackson was not offered in evidence
| but Judge Hazen took possession of it
last night to ascertain if it was proper
! to introduce it.
! Judge E1dZGu cOnCLuu6Q ldSl IlB III
| that o'clock was too early to begin
court and court did not convene this
morning until o'clock.
When Mr.. Welden took the stand for
further examination by the prOsecu-
! ton, he described the details which Oc-
| CURED on the day of the tragedy Mr.
Welden told of going to the barn for
the horses and as he was coming out
| of the barn with them and up the drive
| way toward the house he saw David
| Jackson in the act of climbing up on
[ the bn1f
| time witness saw YOeman come out the
| house with a revolver in his hand. Wit
ness next saw Jackson about the head
| of the express wagon horse and Y Oe-
man was coming toward the witness
I yelled. Look out! Get ready, "
said Welden. Then Yoeman said, Yes.
get ready, -- - you, for I'm COM
ing to get you "
The testimony of Welden was to show
that jackson tried to keep the horse
between himself and YOeman.
At the time the first shot was fired
Welden says the horses jerked him part
way around and he did not see the shot,
but it was louder than the second shot.
Did you see the second shot fired?'
asked County Attorney Jetmore.
I did answered the witness.
who fired that shOt?''
David T. Jackson" ."
This is largely contradictory to the
testimony of w O. Sutton. who testi-
fed that the second shot was the louder
of the first two and that the first one
came from the vicinity where Jackson
was standing.
Welden said that Jackson then be-
gan to back off toward the house and
/ Yoeman followed. Jackson fell on the
/ terrace and both men exchanged sew
/ eral shots.
Witness saw Jackson rise and go
! toward the house crouching over. Ran
to help him into the house when a man
! came running around the corner and
said to bring Jackson over to his house.
Jackson was taken there. The place
was Frank Fosters Physicians were
summoned and soon the patrol wagon
| arrived. Witness and Yoeman were
both placed under arrest and taken to
the city Jail About two blocks from
the Jackson house they met H. o.
! Jackson, who asked where his brother
was and that Yoeman said with an
oath, Back there with his hide full of
holes, and I wish yours was there, too
or words to that effect.
On cross examination by Mr.. Madden.
Welden acknowledged that he based
his testimony. that H. o. Jackson paid
all bills of the household on the fact
that he had seen him pay some of
/ them.
Witness further admitted that David
T. jackson had told him OF trouble be-
| tween H o. Jackson and his wife in
which the two were Scuffiing to get
possession of a revolver in a dresser
drawer and that David Jackson rush
ed in and got the revolver himself.
Welden denied that he was ever told
that H. o. Jackson struck or chOked
The defense went over the details of
the events preceding the tragedy. Wei
den said H O. Jackson sent him and
David Jackson out to the house from
the city to get his things. saying he
was afraid he would have trouble with
YOeman if he himself went out.
When the witness went out to the
barn to get the horses Yoeman follow
ed him and demanded what he was go
ing to do with those horses. YOeman
appeared threatening and the witness
grabbed a bottle saying he had notion
to strike YOeman. David T. Jackson
entered the barn and said he had seen
enough of that He put one hand on
Yoemans s shoulder and another on his
throat forcing him back Witness took
the horses out through the carriage
door. and YOeman went into the house.
David d. Jackson went on to the eX-
press wagon at the front of the house
Witness had reach the front corner Of
the house when he saw YOeman come
out of the house and down the front of
the steps
The witness then reiterated his for
mer account Of the shooting stating
that Jackson fired the second shot
while standing just south of the horses (
head. but that he. the witness, did not !
see the first shot fired.
Did you not tell Carl Lawson. the /
deputy sheriff, that Jackson fired the |
first shOt?" asked Mr.. Madden.
I told him Jackson fired the first
shot 1 SEEM answered the witness.
Several attempts were made by the
defense to tangle the witness on the |
testimony which he gave at the pre-
Hminary examination. but the at
tempts were only partially successful
On direct examination Mr. Welden
testified that a few scattering shot
struck him in the leg as Jackson was
backing toward him after the shoot
ing commenced. Witness started across
towards a neighbor's house. and it was
to this house that Jackson went after
the shooting was over and from there
was taken to Frank Fosters As wit
ness was going across to the neighbor's s
another shot came in his direction.