The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-01-22
Hoods CQryaD0riL

do you remember who were there?"
Bennett Barkheimer. Johnson, Balm
and Flynn. i do not know howlon they
were there as left before they did. The
two men were .joshing' each other. One
said he was a better looking man than
the other, or something TO that effect. I
do not remember exactly what thew did
say
Cross examined by Amidon the witness
said: ''Bain took the gun out and gave
it TO me- making no endeavor to use it.
He was not mad and said that he was
going home. Bennett was Bain's driver
and he was present.
''Then Balm said nothing about going
to a house?"
mo, SIR
Did FIynn?"
Eyes. sir
''What did Flynn say?"
Il loaned Balm s. and Flynn said. Bet
ter give him ten 1 can spend two to his
one and still make money
did Flynn say to which house they
would go?"
mo- SIR
Redirect examination by Eckstein-
did you ask Balm for the gum"
Yes, SIR
Cross examined by Amidon-
Did you ask him or did he just hand it
10 you?"
q asked him.
Harry Sutton was the next witness
called and testified as to the location of
lnez Miller's house. In company with
the county surveyor he had made meas
urements of the room in which the shoot
ing occurred and also the adjacent rooms.
He said the bullet hole was in the north
wall a little above and to the left of the
door casing at a distance Of feet &
inches from the floor. He described the
room with reference to the location of
the piano. chairs. double doors, etc. A
large plat of the Inez Miller house and
of that of Gertrude Barr On the south,
was introduced as evidence. This was
objected to by Amidon. for the defense,
but the objection was overruled.
Kirk Johnson was the next witness
called for the state. On direct examina-
ton he said:
ION the afternoon Of September IA I
was with Flynn from o'clock in the af-
ternoon until he was killed. At about
o'clock we were at the Royal upstairs
together. We were upstairs when Balm
came up. We went down stairs about
an hour afterwards. Balm and 1 went
down first and Flynn came down right
away. We were together then and drank
together. Balm ordered the drinks. 1 don't
remember how many rounds. 1 was
standing by the north end of the bar;
Flynn and Balm on the south"
What were they doing?" -
Talking, 'joshing' and drinking"
what did you hear them say?'
81 heard them talking
what did they say?"
lone said something about being bet
ter looking than the other man, or some
thing of the kind
did you see gun?''
Eyes, SIR"
''Who had it?'
Balm"
did any one demand The gun?''
Some one said, Let me have it,"
did Balm give up the gun them"
Yes. sir
did they josh more after that?"
YES, SIR
Immediately before the gun display
what was said?"
They were talking about who was the
best man. I think a short time or a few
moments elapsed before the gun was
displayed
Where was the gun when you first
noticed it,"
SIN Bains hand. It was demanded and
he gave it up. He took it from his hip
pocket He had this same gun afterward,
1oolyed like tho Sapna ON,
How long did he stay after he gave
up the gum"
About twenty minutes"
when he asked for the gun did he
say anything about going homer"
II don't remember what he said then"
who suggested going down on the
row.
Balm did,
What did Flynn say?'
He said. Wen go and got ready"
who drove the hack?"
"a fellow called Little George drove
u.s.
WHO hired the hack"
Il don't remember. We all walked out
together. Balm, Flynn and /, and got in
the hack"
Where did you go7"
1--WE went to Inez Miller's house at 31S
South fremont. We got there about 10
O. o'clock"
when did you see any revolver or
pistol?'
About Il O'Clock. Balm had it."
What occurred there?''
I'VE had drinks"
Did you see Balm have a gun before
the shooting?''
Yes sir. saw him have the gun
about ten minutes before.
Did Flynn have 4 gun?"
mo sir Not TO my knowledge"
What was going on?''
I'VE had drinks, dancing and music.
Two or three girls were present
who was there at this timer
'Bain. Flynn. Barkheimer. Inez Miller,
myself and. l think, Bennett
Where was Bain?''
sitting in a chair against the wall
west of the piano, facing north
Where did he have the gum
He had the gun in his lap about ten
minutes before the trouble. Flynn was
sitting in the west room. When Flynn
came in he told Balm he would have 70
put up the gun. Bain replied that he
could take care Of it and would put IL
up when he got ready. Flynn then said
that he would have to put IL Up. He was
standing about three feet from Balm and
as he leaned over TO put his cigar on
the piano. shot was fired. Flynn ran
out of the north door OF the house.
What did Balm do
He got up and went out the same
way.