The Wichita daily eagle., 1904-01-24


Yes, sir
When did you find it?"
About 80 p M
that morning."
"Yes, sir
And did Inez tell you to say nothing
about the gum"
Yes, sir; that was all she said to
me-"
DR.. M. w. Cave was the next called.
Were you called to see Flynn when he
was shot?''
Yes. SIR
About how tall was hep"
"He was over six feet"
How old would you judge he was?"
Between 35 and 4o''
How much do you think he would
weigh?''
About 215 pounds. Very powerfully
built
Harry Sutton was called.
"You saw where the gun was found?'
Yes, SIR
Would it be an easy matter for Flynn
to have thrown the gun to that position?"
Objected TO by state. Sustained.
did you apd Mr.. Woods experiment on
throwing that distance"
Il did not, but Mr. Woods did. He threw
some rocks"
Then, in your best judgment, could
Flynn have thrown the gun that far?''
Objected to. and sustained.
How far was the gun found from
the house?" f
About 81 feet Gb
Then, could Flynn have. thrown the
gun this far?"
Objected TO by the state Sustained.
DR.. Cave was recalled. 81
Doctor, you said Flynn was very
strong MANI"
Yes, SIR
WAS Flynn strong after he was shot"
Yes, sir. When 1 got there, fifteen
minutes before he died, it took six or
seven people to hold him.
Then, in your judgment, he could have
thrown the gun after he was shot?'
'Yes, SIR
Cross-examination by Eckstefn:
This was in his death throesc"
Eyes, SIR
''Is that the general rule with people
that they are stronger before death?'
Yes, SIR"
Harry Sutton was recalled.
'Mr. Sutton, now you may state
whether 1t would have been possible for
Flynn tc have thrown the gun this far
Yes, sir; if he was as strong as before
he was shot, 1t was easy
Laura Spiker was the next witness.
II was staying with Inez Miller last
September. Flynn and Balm were there
about 1920 or II o'clock
When Balm came in, did he say any
thing about putting out the lights?''
mo. sir
did he get gun out at all?"
mo, SIR
Did you tell Kirk Johnson that Flynn
had a gum
Yes, sir; I think I said that after
Flynn went into the beer room.''
WAS he in the beer room?"
Yes, SIR
Did you feel the gun in his hip
pocket?"
Yes, SIR
Did you hear he and Inez have any
conversation"
Yes, SIR"
What did he say?'
He said. Inez, give me my gun; am
going to have trouble with that
We had trouble up-town.'"
Cross Examination
Were you arrested in Hutchinson with
Lee Patterson in 1Ss7?'
n Qir hot I
did you go to Salina with Lee Pat
terson?"
Il don't remember
How long did you stay in Salina?'
Two or three months
What were you doing thereT'
Il was there to see my sister,
Did Lee go with you?"
How old were when you were first
arrested?''
Il don't remember
The first time you were arrested you
were impressed weren't you?"
Yes sir
yet you say you don't remember wha.
it was for"
How long were you in Inez MiIler's
house before trouble occurred?"
From about 7th of July
When did you leave?"
During the street fair"
Did you quarrel with Inez?s
NO SIR
Did the other girls?''
''Yes sir"
Did you go to Mrs shirley's the day
after the shooting?"
Yes sir
''Who with?"
Myself
Did you meet Lee there?"
'Yes sir"
You say you told Kirk that Flynn had
gun?'
Yes SIR
C. G. Bogardus, was the next witness.
Did you know Flynn
Slightly
do you know of Flynn's reputation as
being quarrelsome or a fighter?''
''Yes sir
THAT is it good or bad?''
bad"
Cross examination by Eckstein
How long have You known Flynn
Short time"
Were you personally acquainted with
Flynn?"
mo sir. but saw him frequently
Were you ever in Eldorado?'
Eyes sir"
What did you do there?'
WAS a paper hanger and had a stock
there.
ANY other business there?"
mo sir
,~l g.,