The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-09-15
MCDONALD PERJURY CASE
Mr. Sargent's Damaging Testimony
Case Hinges on AmTdOn's Demurrer

Case Hinges ON AmidOn'S demurrer
Nearly the whole Of yesterday in The
federal court was occupied with the tria.
Of J. II. Mcdonald of Ponca City, who
is being tried for subornadon Of perjury
Unless Judge Hook sustains the demur-
rer to the evidence of the witnesses who
testified for the United States yesterday
which demurrer was offered by Attorney
s. B. A1n1don at the close Of the federal
testimony last night the case will be
continued today and will probably take
the entire day, as there are many wit
nesses on the side of the defense who
have not been called.
J. H. Mcdonald is charged with having
hired witnesses to swear falsely to aft
davtts which he Is said to have desired
In order that his daughter Miss May Nc
Donald, might win her contest on a claim
In the Strip. The claim was held by D.
A Penwell, Who located It the day Of the
opening. Miss McDonald's contest was
Lied on the grounds that Penwell was a
sooner, and the false af1davits referred to
were in support Of her contention and
We're alleged to have been made by Art
Schmidt, William Herneman and Frank
Creary, three young men Of Winfield, VINO
are also indicted for perjury in connec-
ton with this matter. Their affidavit is
TO the effect that they saw Penwell in
the Strip near the claim he afterward
settled upon, two or three days before the
opening Penwell, in order to save his
claim. produced an aIibi, proving that he
was not in the Strip, and after he had
won his suit he had the makers of the
I'd for Nv
Donald was afterwards arrested for sub
ornatton Of perjury.
Most of the witnesses used for the pros
ecution yesterday testified to having seen
PenweI in camp and other places in
Kansas prior to the opening, and there
was absolutely no evidence to the effect
that Penwell was a sooner. A very strong
witness for the prosecution was Mr.. Tenn
pie Sargent, who testified that he was in
rhe Strip prior to the opening, but never
saw Penwell. He was questioned by
United States Attorney Lambert regard
ing the perjury as follows!
Did you not hear a conversation be-
tween Mcdonald and these gentlemen
(meaning the alleged perjurers) at Win
feld?"
Yes, SIR
What was the nature Of that CONVEX
sation?"
Could not say. was not close enough
10 them"
Did Mcdonald speak to your"
Yes, SIR
please state what he said on that oc-
Casion."
Mr.. Mcdonald approached me and
wanted TO know If I would make an affi-
davit to the effect that Penweu was a
sooner. told him that 1 would make
an affidavit for ten dollars. Then after
wards told Mr.. Mcdonald that would
not make such an affidavit as he re-
CURED"
Did you see Herneman there at that
timer"
Yes. sir"
was Mcdonald present at the time the
dispositions Of these men were being
taken?"
Il think he was
''Now. did You see an envelope handed
70 Attorney Smith. Herneman or any one
else?"
Il didn't see"
Did you receive anything from the
three boys?''
This question was vigorously objected to
by Mr.. Amidon. Mr.. Lambert cOntended
that he wanted 70 prove by the witness
that he had received one-fourth Of the
thirty dollars paid for the false afiidavtts.
Judge Hook oyerruled the objection. and
Mr.. Lambert continued:
Did YOU receive anything from the
boys by telling them mat you were onto
the game and had 10 be an equal partner
to the sp.sils?"
Yes, sir"