The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-07-07
cAsTLesERY ON TRIAL.
Evidence Shows That He Shot With
out PrcVccation.

| nary examination OF Castleberry was
taken up yesterday at 5 o'clock About
thirty witnesses were on hand from Add
! ington.
Castelberry, worn and haggard, sat be-
side Deputy Marshal Tucker. He was
! apparently utterly Obvious OF what was
/ going on and continued to murmur con-
| stantly, as he has for a week, for his
| babies. As the hearing progressed his
! cries became so distressing and annoy
| ing that the commissioner had him taken
! back TO the jail.
| The following testimony only covers in
substance the material points in the tes-
/ timony:
! G. J. Keith testified that he was talking
with Mr.. Wombauld when Castelberry
/ walked up and spoke TO Mr.. WOmbauld
/ about some stone Wombauld had moved.
! WOmbauld said ne had it moved by order
/ of court. Casueberry then reached for
/ his gun and shot. When Castleberry
started to draw his gun. I and Mr. Wom-
! baud asked him not to do it. he fired as
soon as he could after we asked him not
to draw his gun. Wombauid was some
thing like thirty feet when he fell from
where he was standing when the first
shot was fired. When he started TO shoot
I thought l might be killed next and I
wheeled my horse and ran away. Neither
man appeared TO be angry. As I wheeled
my horse Addington started to leave.
+. S. White testified 1 did not see the
first shot fired, but the noise attracted
my attention. I looked in that direction
and saw Castleberry shooting at Wom-
BAUD and saw him running away from
him. Arlington was turning to run when
1 first saw him. Wombauld's back was
turned toward Casueberry when the last
two shots were fired When Wombauld
fell CastIeberry turned toward Addington
and said: Damn you. 1 win give you
some OF it," and shot at Arlington twice.
]. II. Thompson testified: 1 had been
down to Arlington about week before
the trouble occurred and had partially
bargained for a lot and had gone down
the evening before the trouble and saw
Wombauld about the property and I told
him the lots were not as near the corner
as 1 thought. and he said he would let me
have the corner. There was some rock
on it and he told me the rock belonged
to Castleberry and perhaps I could get
the rock from him; he proposed going
to see Castlebery. Wombauld introduced
ne " 0dSllcBtlLNs anu tblN nun " cAANtN
to buy the rock. He said there were seven
loads and he wanted 70 cents load. l
told him [ would take them. Wombauld
said to Castleberry there is some little
difference between US, but we are good
friends and will settle that in court and
still be good friends. The next morning
before breakfast 1 went down to the lot
and was looking it over and 1 saw there
was not seven loads of them, and I went
down to CaStleberry, who lived about
block away He had his team hitched up
I told him there was not seven loads of
them and he said, "G-d-m you, if you
don't want the rock. you need not take
them" 1 told him l wanted no trouble
about it. ''Wen, he said, I don't want
to sell them" That he put them there
Just to hold the lot and for me to let
them stay there. He said want to warn
you to stay off the lot and to let the rock
alone, for if you don't somebody viii get
hurt. I saw Wombauld and he gave me
a written guarantee to make good any
thing ! was out in regard TO the lot. 1
went to Castleberry again and tried TO
buy the rock. He appeared TO be mad,
and told me to keep off the lot. I advised
him to be quiet about the matter and let
the court settle the matter. 1 told him I
was in possession of the lot and had the
rock thrown off He asked who moved
the rock and I told him Wombauld had
it moved. 1 went up to the bank. Some
body said something about Castleberry
and Mr. Wombauld looked up and said
there he comes now. Mr. WOmbauld said.
Good morning. Castleberry. Castleberry
said: "Wombauld. did you take those
rocks off that lot?'' Wombauld said:
NO, I did not" Castleberry said: Did
YOU have them taken OFF, Wombauld
said: Il did Castleberry asked. who
took them Off" Wombauld replied:
Horace Arlington" CasueberTy said:
i viii just Kill you" Wombauld threw
out his Aand and said, don't do that
Cast cherry. reached for his gun and it
seemed TO be caught in his clothes, and
he could not get it loose for a moment
Arlington said: "Castleberry, don't do
that" The man on the horse, and also ]
requested him not to not dc anything like
that Castleberry got his revolver out
and Wombauld started 10 run After he
third shot Wombauld fell.
Mr. Keith was recalled and testified
that he was the first 20 reach Wom5auld
after he feU and he was not armed.
J. s. Crawford testified: Mr.. Castleber-
~ told me about two weeks before the
killing that he intended to Kill Mr.. Won
bauld if he ever interfered with certain
property in town. He said that he had
been out once before expecting that the
little thing would come Of. He also had
q letter from lawyers Porter d Porter
of GAINESVILLE. Tex. authorizing him 10
do the killing and that they would de-
fend him in the matter had several
converse lions with him and the substance
was thar he intended 10 Kill him II he
interfered with his property.