The Butler weekly times. (Butler, Mo.) 1881-1918, 1900-03-01

heard Mrs. Bercherding say TO pris-
onsr stricken OUT
HENRY MIEwALD.
Am policeman at Rich Hill. For two
years. Know defendant McGinnis.
Was in the jail when conversation
took place between sheriff, prosecut-
ing attorney and prisoner Stood
outside OF cell, around the corner.
Heard Mr.. Clark say to McGinni.,
YOU are charged with shooting old
man BOcherding He said Il was not
over there on Sunday" When Mr.
Clark told him he had a telegram
that the old man was dead, the pris-
oner, with his hands upon the bars.
swallowed a few times and then said
he did not kill him He said he went
from Rich Hill past the Romar place
and north to his brothers. He got
to his br pther's place about supper
time.
Characterization: Prisoner knew
| was there and knew the sheriff was
there. Said one OF the prisoners had
told him OF the shooting and Dr. Lusk
had told him. He said he left Rich
Hill about 4 or > o'clock and went to
his brother Wills.
". W LEIGH.
Lived at Rockville for 30 years Re-
member the sheriff taking McGinnis
over to Bocherding's. Went with
them. Had Il talk with McGinnis.
He said he, Mr. Abel and Mr.. Mer-
chant were together from Rich Hill
until they crossed the river He and
Abel went north and Abel went on
east and he went up to his brothers
and got there about sun down.
SHERIFF MUDD.
Took the prisoner to Bocherding's
around by Rockville Met Mr.. Clark
there 1t was the day of the funeral
Defendant was taken into the kitchen
A macintosh was put on him. Mr..
Clark cautioned Mrs BOcherding not
to say that she identified him for fear
of trouble of a mob. Walked pris-
oner around the room in presence OF
Mrs. Bocherding, Prisoner rolled
and lighted a cigarette. He smokes
On morning OF his arrest,
while in Jail, Mr.. Clark told him he
was charged with shooting the old
man This he denied. Mr. Clark e1
hibited telegram and told him the
old man was dead He appeared
greatly excited Said he went from
Rich Hill across to his brothers.
Special cartridge for the Colts revOl-
vers, (ball taken out OF cartridge in
presence Of jury and ball taken from
the body OF dead man fitted in the
Cross Examination: Took pris-
out to carriage and back in house.
Redirect When prisoner was
brought to Jail wore his pants in his
poots.
d. d. NJ CANN.
Deputy Sheriff. Arrested the de-
fendant. Identified pistol, scabbard,
etc Did not have pants in
boots when arrested.
Cross determination Had a rail
road ticket to Nevada, $65.T5 i'll his
pocket.
LESTER PHILLIPS.
Live in Butler. Overheard con
versation in Bates county jail be-
tween defendant and Abel. Sent
down by Mr.. Clark. Went in the
west door with Dixie McCnnn and
went in west cell McGinnIs was
brought and put in adjoining cell
Abel was in the corridor McGinnis
called Abel and told him he wanted
to talk to him. Asked him not to
say he came along a certain road
east. Abel said he had already told
that. McGinnis said he talked too
much. then asked him to say that .
{ McGinnis) went north from Schip-
ley's corner and turned west. and on
Abel's demonstrating asked him then
to say he went to old nam Mer-
chants. He said, for God sake
dom say anything about a mackin-
tosh or spurs, outside of that mack
intosh the old lady can never identity
me-
CrossExamination Had never
seen either McGinnis or Abel before
Was concealed from McGinnis Abel
knew | was there
70 nir..,nr al hin, "a 80 "