The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-12-19

We found him down in the field and
told Scott we had come after the cattle
and Deal asked him what the damage
was and Scott said SIS.
Deal said he did not think the dam
age was that big but after some argu-
ment they agreed to leave it to Reed
and Deal agreed to leave the cattle In
the corral until he Dea) and Reed
could ride over and see what the dam
age was Reed and Deal rode away and
when they arrived at the house Deal
said we will take the cattle as it is on
our road home and we can stop end see
what the damage is. Reed protested
but finally gave in TO Deals argument
and they took the cattle They went
by the stacks where the alleged damage
was done and Reed said that the dam
age was about $3.50. Deal stated that
this was too high, but Reed suggested
to him that they had agreed to leave
the amount of damage to him and that
was the amount he would fix Deal as
scented and said he would give Reed
a check for the amount when they got
home About this time Scott and Bum
came riding up and Scott with his shot
gun in hand rode around in front of the
cattle and said to Deal, We'll you
have got them" Deal replied, Yes"
Then Reed spoke up and said Deal
has agreed to give me a check for the
amount which I have fixed. which is
81. So Scott replied that he would not
accept Deals check, but Reed agreed TO
stand good for the amount of the check
and this was agreed to by Scott. Scott
and Bum then rode around to where
Deal and Reed were and some further
conversation was had between the pa
ties whose horses were all within a few
feet of each other. They were then
quarreling about other matters and
Dead stated to Scott that he would get
even with him by reporting him on his
homestead business Scott replied, u
have heard enough about that affair,
and two or three times told Deal that
he would shoot his head off and the
last time Deal told him to shoot away.
Scott then fired the shot which resulted
In the death Of Deal a day or two later
Reed testified that the muzzle of the
gun was within four or five feet from
Deals face when the shot was firNd-
The state then introduced the testf-
mony Of j. l. Dunlap, who testified as
to Reed coming to his house after the
shooting and reporting the a1air. stat
ing that ne and Reed hitched up Dun
lap's team and went to the scene of
the shooting. Reed said he had left
Deal where he fell from his horse and
had fastened the bride reins to DeaIS
arm so that when they returned with
the wagon they could find Deal easier.
as 1t was then after dark When Reed
and Dunlap returned with the wagon
ey found Bum near the scene OF the
shooting. but Deal had evidently got
ten on his feet and wandered away,
bout $50 yards from where he was
left by Reed and was then on his horse
riding around in a circle Bum was
found in the immediate vicinity and
the three men then went with Mr.. Deal
10 his house
The defense put no one on the wit
ness stand but Sheriff 1. w. Bogart'
who testified that Scott came to town
of his own accord after the shooting
and gave himself over to the officer,
stating at the time that the shooting
was done in self defense.
The state then asked that the de-
PENDANT be bound over to the district
court without bail and that the Justice
make a finding that the proof Is evil
dent and the presumption great
Defendant admitted that he should
be bound over but asks that he be al
lowed to give bail in any sum that the
court should deem necessary TO insure
the presence of the accused at the date
set for his trial
The defendants attorney cited the
case of the matter of habeas corpus
of n Madison which went
up from this court After some argu-
ment by the county attorney on behalf
of the state and by G. L. Miller on be-
half Of the defendant the court found
that the defendant should be bound
over to the next term OF the district
court without bail.
The defendant will probably ask that
the defendant be admitted to bail I'M
der a writ of habeas corpus before the
Judge of the district court