The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-02-27

exarniped. he again told the conversation
between himself and Mr.. Brown. He eaid
that we or .Johnstou and Brown. vent
| out there prepared for trouble.
scott McMichael was the next witness
called. but he was not present, and the
attorneys for the defense say. though
summoned he cannot be found in the
city and they are non-pluSeed to account
flr his disappearance.
The next witness was p. ]. Voege. Said
| he lived in AcMichaels grove at the
| time Of the killing. Lived near Berry's
tect- Sai~ he say. two men one night
who asked him where Berry lived Did
| not know either of the men, Didn't tell
one of Berry's attorneys Cho the men
Were Had conversation with Chambers
about the two men. Said he thought he
knew them. Didn't say one of the men
was Brown, but thought it was Brown.
Couldn't swear it was Ar. Brown. because
he did not know Mr.. Brown at that time.
Didn't say he was willing TO swear to
that fact. Being cross examined he
said he had been in jail and had all con-
versations in the Jail 18th the attorneys
and had talked to Berry about the trou-
Bile and asked him to tell what / knew
about the case. -
c. E. Lacey knew w. T. McMichaeI
and saw him a short time before he was
killed: conversed with him about two
weeks before the tragedy. McMichael
met witness in front OF the postof.ice and
said he had employed man by the name
of Berry to help him look up evidence
in regard to his contest, and in regard
to trouble he was expecting in regard
10 his claim; said that he was afraid of
his life all the time; that Berry was a
painter living or his claim and wanted
me to do anything 1 could in the way
of employing him. He said he had en-
ployed Berry to dig UP the rottenness
they were trying to tack onto him in re-
gard to getting him off his claim"
G. II. Draper, foreman of the grand
Jury at the last term of court, was
handed some envelopes containing some
bullets and remembered opening the en-
velopes; thought the bullets were put
back into the same envelopes after be-
ing examined. Thought County Attorney
baylor brought the envelopes into the
grand jury room and Probate Jerk Hur-
~ took them away.
Seymour Price, witness for the defense.
was called for. but did not respond. It
was learned that he had gone to Guthrie
and the court reported that Price had
not been served with a subpoena. The
attorneys reported that Price had been
present in the court room the day before,
which was correct.
The attorneys informed the court they
could not proceed in the regular order
of the case without introducing the tes-
timony of Seymour s. Price at that time.
The court called the attorneys of both
sides up TO the bench and after a few
consultation adjourned court un-
til $50 this morning.
Colonel Johnson of the prosecution said
il the case was thus delayed the terri |
tory would expect to introduce another |
case as resulting from the case on trial !
The defendants attorneys think yester- |
day was their day in the trial of the /
case, and while Berry has made some |
admissions damaging to his personal rep
utation, the admissions, they contend. |
are not material to the issue and conse- |
quently VIII not affect the case.
They were much troubled at learning |
that several subpoenas they had issued
had not been served, and also by the de-
parture of Seymour Price from the city |
AZ the time he was needed.
AS to the disappearance of Scott Nc
Michael, the son of the man who was
killed in the tragedy of last June. they |
are unprepared to offer any solution. One
Of the attorneys said last evening: The
McMichael boy has been in the city since
his trial commenced and had employment
here. and now he can be found nowhere.
[ cannot understand il.