The Hays free press. [volume] (Hays, Kan.) 1908-1924, 1915-09-18

east of the walls, about twenty feet
Samuel Ripple was there, standing
within six feet of the north wall. He
had just returned from the County At
torney's Office accompanied by his
only friend, his faithful dog, and
1 broom-handle cane. He evidently was
whiting while viewing the walls.
| It was twilight, and objects, possibly
were not plain to the eye, anyway a
shot or two shots. simultaneously, were
/ fired by somebody The four men i'm
mediately returned to the Smith place;
and Ripple, having nothing else to do,
fell forward on his face, his arms some
what spread out, his jacknife lying
close to, or in his right hand, and his
dog and walking-stick lying near him.
cole man Smith as he received his
gun back from Charles Stackhouse, re-
marked, as he testified in Court, "Why,
it is hot yet"
! The constable was driving toward
the Ripple place with his warrant
for the arrest of the ''Kipple boys"
He drove to the sod walls and saw
/ body lying on the ground, north side;
which he recognized as that of Sam
uel P. Ripple This was about fif-
! teen minutes after the shooting had
/ occurred.
/ He Immediately drove back to Hays
and informed the County Attorney,
and in less than half hour, a party
consisting of County Attorney, Sheriff
/ Howard, Coroner Snyder, the con-
stable and a few others were Gid
/ ing eastward to see what was the
the trouble They found the body of
| Ripple same as the constable had found
him, and carried it to his home-near
midnight-to his wife, who had known
nothing of his whereabouts since early
in the afternoon. The ''boys" were
Gin hiding" and did not know of their
pas death till two hours later.
The coroner proceeded to make an
autopsy. Of the Coroner's jury, J. H.
/ Downing, the editor of the Star, was
foreman. 1t was found that only one
wound had been made. It was on the
]
and ranged somewhat upward. In
the back of the head were found two
pieces of lead-as though Clipped off
from one bullet. The larger piece,
afterward, was found to be somewhat
| lighter than a bullet from William s
gun but heavier than bullet from
''Ole Man Smiths" outfit. The lighter
piece being heavier than buck-shot, but
less in weight than a Smith bullet.
Without discussing the subject, all
concluded, at once, that 'tBilr' Stack
house had done the trick. Sheriff
Howard went over to "Bill's" house
and called him up, arrested him and
took his gun. He found it heavy six
shooting rife, with one chamber dis
charged. Stackhouse told him he had
shot at rabbit, on his way to Smith s
house the evening before.
Charles Stackhouse had disappeared,
and was not found by Ellis County
until nearly three years from the muir
der of Ripple.
The next day the sheriff's party
measured the tracks, locating where
the shooting party had stood, showing
that they were within twenty-five feet
of where Ripple was standing. They
found in the door post a bullet hole
diagonally through from corner to cor
ner, in direct line between the two
Stackhouse men and the Ripple posi-
ton, at a height equal to Kipple's
height of head; and rightly concluded
that the one bullet had gone through
the pine studding and into Kipple's head.
The question in Court was: "Who
shot Kipple?" William Stackhouse
said Charles had done the trick. cole
Man Smith" testified that he had heav-
lily loaded his gun the day before, hop
ing to shoot an antelope that he had
seen in the distance. That when Charl ey
handed him back the gun, it was still
hot and was unloaded.
In the preliminary examination be-
fore Squire Humphrey, the Justice or
dered Isaac NJ. Yost (the best gun
shooter in Hays to make trial of the
two guns. The shooting party consist
ed of County Attorney, Rev. Sharp,
Dave Montgomery, and a few others,
including Mr.. Yost, of course. Yost
set up the door frame as it had been
placed when in the sod walls. The
Smith gun was loaded as ''Ole Man
Smith" said it was loaded when he
handed it to Charles. The buckshot
and bullets embedded themselves il
the door frame but did not pass
through. The rifle however, put bull
let diagonally through from corner to
corner, and then sued on-no one knows
where.
Thus it was regarded that ''BilPs'
gun had done the deed. The boys
asked Dave Montgomery to sing q
hymn or something commemorative OF
likes" shooting. He sang as follows;
Praise God from whom all blessings flow,
Praise Him all creatures here below;
Praise Him above We heavenly hosts,
z