The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-02-28

identified as coming out CT Browns pis-
toI. The sheriff. Mr.. O'Brien, and the
deputy sheriff, Mr.. Dyer and myself took
the bullet that was testified as having
come out of the body of McMiehaeI.
don't now remember what was the make
Of the bullet or of the cartridge that
come out of the Johnston revolver, and
don't remember now what was the
make of the. cartridge that came out of
the Brown revolver, but we did go 10
the hardware store and we got cartridges
of each make and we took the bullets out
of the shells and compared them with
the bullet testified to have come out of
the body of McMichael and the differ
ence was this: The bullet that came out
of McMichaeI the butt of 1t was either
concave or straight across The bullet
We took out OF the cartridge of the same
make. that it was testified Mr. Brown
used in his revolver, was exactly the same
at the butt as was that of the bullet tes-
titled as having come. out of the body of
McMichael. And the bullet was examined
that came out of the other cartridge. that
was the same as those introduced in the
evidence as coming from the revolver of
MIR. Johnston. One was convex and the
other was absolutely straight across.
There was a material difference in the
bullets that came from the two revolvers.
| remember very distinctly comparison
was made with reference to the butt of
the bullets. We took one cortridge after
another and compared them with the bull
let introduced in evidence as coming out
of McMichaels body, and they all showed
the difference-that is, the make of the
butt is different. We would take one after
another and cut it open and We noticed
that similarity in all of them. 1 remem-
Der that the bullet introduced in evidence
as being taken from McMichael's body
compared absolutely with the make of
the bullet that was taken from Browns
revolver, and was dissimilar from the
bullet taken from Johnston's revolver"
Joe NJ. Berry, the defendant. was placed
on the stand and said he did not think
he was acquainted with Mrs. j. C.
Blanchard. When Mrs. Blanchard arose
in court, said he did not recollect ever
having seen her. He never told her, Il
am going to swear 1 was offered $1,000 to
kill McMichael."s
Cortez Brown testified he was on, his
lots in Woodlawn on the afternoon of the
18th day of June, 1902, saw McMichael
then; McMichael came up and said in
substance: Cd d-n you, get off this
property Second visit he put fist in my
face and said: cd d-n you. get off
this property or I'll fix you and your
whole triber" Witness told this to his
mother that same afternoon. being the
day before the killing. Witness did not
IL r,.-
sens Office witness saw Mr.. Z. ". john
ston and he thought, Mr.. Brewer; told
Johnston of the trouble; E. E. Brown was
not present; witness did not know the re-
lation of Johnston and Brown to Clas-
sen; Johnston did not tell witness he
would be up there next morning.
The counsel for the prosecution were
granted five minutes for consultation.
Mrs. Martha Blanchard, sworn for
plaintiff, testified she knew Berry; that
the second day after McMichael was
killed., in McMichaers yard, Berry said /
he would swear he was offered $1,000 to
get away with McMichael."
The territory rested.
Mr. Berry. sworn for the defense. said
on Sunday following adjournment of the
preliminary. Mr.. Berry was at home all
day and others were there Witness said |
she had testified her HUSBAND had been |
To give the defense an opportunity to |
introduce more witnesses court at 4:15 !
adjourned until Q O'Clock this morning. |
The new testimony will probably occupy |
ten minutes of time after which the argu, |
ment will begin. three hours time being |
granted to each side.
known by no other name than Barry; !
that they had not lived at Tampa. Fla, |
that he had never been convicted; did not !
know that she testified falsely; did not /
know that he was in a convict camp or /
tried, convicted or sent to the peniten |
tiary. -