The Mayfield Voice from Wellington, Kansas • 1

3 "VTT The fH 1 v-v- IYF1 Rv LYMAN NAUGLE. At Yar witli Class Legislation anl Mal-adniinistratlon. ONE DOLLAR A YEAH VOL. 2. MAYRKII), KANSAS, TJIUKSHAY, DKCEMHEJt 1H, 1894.

NO. 7. I shooting they could see only tho roof Belle Plaine. Rev. Botkin's Lecture.

Tho Wigwam was filled with an audience of about 1000 people last right hear tbu lecture of Rev. J. D. the defense would rely upon for a verdict in their favor. His whole spocch centered around two ideas.

One was that McDonald killed Patton for the sole and only purpose of preserving tkin on "The Problem of the Unem Corbln, Xmas Candies at the DruR Store. Horn, to Dr. and Mrs. Wllhoit, a Bin. Largest Doll In town at tlie Drug Store.

Ilev. Fuller visited Wellington Saturday. Full lino of riush Goods at the Drug Storo. Elder Crenshaw closed the protracted mooting Saturday. See Mr.

Fronch to find the cost of gold watch purchased on train. Smallest and largest Dolls in town at the Drug Store. Mrs. Mike Lyons, of county L. was visiting in this vicinity last week.

James Kirby was in Wellington Friday. Harry natllcld was in Wichita Monday. Orvillo Arnott was over from Douglass Monday. Forest Barton was up from Wellington Sunday. Geo.

Willfoung and wife arc up from Black well. C. J. Martin Is visiting relatives in Illinois this week. W.

II. Carter spent Sunday and Monday in Wichita. Mrs. Anthony Iiidgewayls visiting In Wichita this week. G.

M.Turley, wife and son returned from Illinois Thursday. Yewcll Griffith and wife are cx-pectod home this week. O. It. Lo dil has his saw in running order and is ready for your wood.

Miss Anna Jordan came i'n from St. John. She will remain during the winter. Marshal Guin is much pleased with southwest Missouri and contemplates moving there in the spring. Albert Shay purchased the southeast forty of Andrew Shay's farm last week.

Consideration $900. V. T. Huffman's son was severely scalded Friday last. The little fellow pulled the stopper from the washing machine into which his mother had just poured boiling water.

He may recover. Dr. Sippv is in attendance. Socialists in Germany have grit enough to refuse to cheer then' op pressors. Photographer Goff is talking of moving his outfit to South Haven in the near future.

Elder Crenshaw is holding a series of meetings at Perth and quite number of our citizens are attending. Finest line of Candy at Drug Store The minister who claims to bo or dainod of God and through whom the Lord of life and glory speaks, does not prove his theory by copying his or top of Dodson's house; that there was a hill or rise of ground between tho two houses. The defonKO counted on a very effectual discrediting of Miss Dodson's evidence. But the examination showed that it was possible for her to have soon them as she testified. Saturday, Tliestato closed its evidence last evening.

The object of the evidence Introduced was evidently to show that Gray had long had the thought in his mind of getting rid of Tom Patton. Dave Pitton testifies that he and his brother Tom had had a quarrel in Wichita in which Tom drew a revolver and tried to shoot him but the cvlinder wouldn't work. It was then shown by Mr, Alexander, a Missouri Pacific conductor, L. T. Franks and Win.

Craig that this revolver had been loaned to Tom Patton by Gray and that when Patton re-turnsd it he told Gray that that sort of a gun would get anybody kihed that tried to use it. Dave Patton further testified that last January Gray told him that he would like to get rid of Tom; that he was a Piute. Dave and Tom Patton were bitter enemies at that time. The defense opened their case by putting the otlicial stenographer, J.R. Davis, on the stand and showing certain discrepancies between the testimony of some of the state's witnesses at the preliminary and on this trial.

This morning Frank Scudder, who lives in Morris township, and John R. Rains who lives in the strip, stifled that about 9:00 on the morning that Patton was shot, they were cut back of Gray's barn shooting at plover. The object of this testimony was, of course, to create the impression tint it was their shooting that was heard and not Gray and McDonald shooting at a target. At three o'clock this afternoon the defense closed its case after using only three witnesses. Frank Mercer testified simply to certain distances about Cray's premises.

The remarkable feature of this termination is the failure of Gray to take the stand in his own defense. sermons. The minister who will lower his ministerial dignity by discussing the scriptures and become better ac quainted by committing them to memory and says all that do are nearer at infidel, surely thinks that his own life; in this ho was Justified; ho committed no crime in the eyes of the law; therefore, Anderson Gray was not and could not bo guilty of any crime in aiding, advising or causing him to kill Patton. He applied the evidence to this theory very skillfully and certainly made a strong impression upon the minds of the jury. The other idea was that although Gray may have instigated the killing and although the killing may not have been Justifiable on McDonald's part, yet the evidence showed that after all the plans had been laid, McDonald abandoned, wholly and entirely, his purpose and plans to kill Patton, which abandonment completely severed Gray's connection with the deed and left him guiltless, even though subsequently McDonald formed and carried out a new purpose and plan to do exactly the same killing.

The instructions fully covered this theory and although Mr. Stanley handled it with skill and tact, we fear that the jury did not view the evidence on this point as sufficient to justify them in coinciding with his conclusion that there had been any such abandonment on McDonald's part. Hon. James Lawrence occupied all this forenoon in an exhaustive and and masterly address to the jury on behalf of the defendant, in which he followed in the li nes of defense laid down by Mr. Stanley.

He thoroughly and critically analyzed the state's evidence, showing up all its weaknesses, inconsistencies and contradictions, not forgetting to fully emphasize every feature that was favorable tohis client. Wednesday. W. W. Schwinn opened his speech to the jury at half past one o'clock yesterday and occupied the whole afternoon.

He makes no pretensions whatever to oratory, but he possesses the valuable faculty of strongly impressing upon his hearers his own views and theories. He made a much more effective speech than any of his predecessors and last right the expression was general that if Gray was cleared he would owe his liberty to Schwinn's speech. He dissected the evidence of McDonald, Mrs. McDonald and Irod Dodson in a most merci ployed." Ilev. llotkin Is looking well, notwithstanding the political black-eye that he got last month, and has lust none of his old time sociability and geniality.

He made no allusions to local differences, and displayed no bitterness nor 'sour grapes." He was introduced by Dr. Ewing who talked in his own peculiar vein while a committee waited upon the audience with collection baskets. Rev. Botkin opened his remarks by reading a chapter from the bible the 5th chapter of Nebcin iuh the chapter which tells how the Children of Israel had got in debt after the building of the walls of Jerusalem, and mortgaged their vineyards, and weie oppressed, and cried out for relief, and God heard their cry, and was angered at the wrongs that had been done his people, and demanded the restoration of the homes to his people. He said there were four million men In this great country unemployed lie gave some individual pictures ot some of these men with whom lie ana his friends had met.

Many of them were good, God-fearing men and citizens, who had been cast out and found themselves brooding over their misfortunes, and unwillingly yielding to bad thoughts and bad impulses about society, about the church and about the government. They were our brothers and notwithstanding some of them may ba worth'ess beings, we owe it to ourselves, our government and our God to take them by the hand and help them out of the slough of despond by placing their feet on the plane of opportunity. We' could not afford to educate them to swing the -bludgeon or throw bombs. We ought to profit by the less of the bloody war it cost to take the shackles from four million colored slaves. But, you inquire, said the speaker, can this great government come down from its high perch to look after the prosperity of individuul man? In the name of God, what is government for, then? Is it a government to protect property exclusively? Is property everything and man nothing? The speaker then went into the causes for idleness and showed that while under the McKinley bill the ignorance is bliss and expects to gain admittance to hat celestial city with the class commonly called idiots.

We would ask the ordained minis wholly abandoned the purpose and plan of killing tho said Thomas Patton and gave the siun up and afterward killed the said Patton for some other cause and not in pursuance with said advice, plan and purpose, but upon his own motion arid volition, then it will be your duty to acquit the defendant." Hut tho court further Instructs the Jury that before Gray would be entitled to such a defonso It must be shown to the jury that McDonald had wholly abandoned his preparations to kill Patton and had absolutely given up all preparation in that regard, and that it is not sufficient to prove such abandonment by tho mere declaration of McDonald of a mental change on his part; hut that there must be proof of some substantial act showing that such abandonment was real. The jury are instructed that unless McDonald committed some degree of felonious homicide in killing Patton in self defense, he instructs the jury that if they believe that on the morning of the killing the deceased and McDonald had a personal difficulty and that tho deceased left the scone of the difficulty, threatening to return within a short time and kill McDonald; and if they further believe from the evidence that McDonald and the defendant, Gray, had reasonable grounds to believe that he intended to carry out the threat, that then both McDonald and the defendant Gray had a right to make any and every preparation which a prudent man would make under like circumstances to prevent carrying out the threat, even to the procuring of a gun and testing the accuracy of its shooting; and if the jury should believe from the evidence that McDonald and Gray did. as claimed by the prosecutiou, take the gun and practice with same to test the accuracy of its shooting, after thedeceased had made the threat to return and kill McDonald, and that the same was done for the purpose of enabling McDonald to be better prepared to protect himself from the carrying ont of such threat, and if they further believe from the evidence that afterwards the deceased was returning to carry out the threat to kill McDonald, and that McDonald took only such means as an ordinarily prudent man would take to prevent the carrying out of such threat, and in so doing killed the deceased, then neither McDonald nor the defer. dan be convicted on aceount of such killing, and the court instructs the jury that it was not incumbent upon McDonald to place himself in a position to be killed by deceased, or in any position more dangerous than an ordinarily prudent man would do under like circumstances before exercisiug his right of self defense, or before taking such action as an ordinarily prudent man would take under like circumstances to prevent deceased ter what point he was trying to make, unless it was to villify chris tian men and women. Will the veteran Democats and Republicans who have advocated the The State vs.

Anderson Gray. From Thursday's Dally Mull. Nearly all of yesterday afternoon was occupied by the cross-examination of Thomas McDonald by Mr. Stanley, who is an adroit and skillful hand at the business. But McDonald's evidence was not materially shaken.

He was cool and kept excellent possession of his faculties. There can be no doubt that the greater portion of his story is true; if that part which implicates Gray be untrue, tie certainly has interwoven the true and the false very skillfully and is smart issuing of a circulating medium oy the government and the free coinage of silver, now stop to consider what party ism has led them into, in oppo sition to their own interests. The banks have been encouraged by the late election to do what they never dared do before. That is, in addition to a gold basis, they demand a reduo enough to prevent even the abie tion in the circulating medium and place the remainder under the entire counsel for the defendant from show control or tne oanKs. Atttie oanuer's ing the line of demarkation between club of Chicago on the 8th James B.

Forgan, chairman of the club, said in them. Mrs. McDonald took the stand just opening the meeting that the claim that there was an insufficiency of cir before court adjourned yesterday and was not dismissed until court adjourn culation was false, but that we all, (meaning we bankers) know that there is a redundancy (superabun ed at noon today. Unless the defense can break the force of hsr testimony in some manner ehe is the most dan dance, excess of superfluous quality) of circulation, and recommended the gerous witness for the defendant yet, retirement of a large portion of the circulation. Prof.

Lauflin, of the University of Chicago, made a speech excepting her husband of course. She the running in the same strain,) having and had dictated to him what he should say to mislead the public), acknowledging that, that he was hired to testifies that she saw part of quarrel between her husband Patton; that Gray came into house and said that Patton and the Mc- make his talk by saving he was like Donald were going to have a duel. Chauncey Depew, having to speak for his dinner. The town of Crbin was laid out less manner arguing that they were self-confessed perjurers, and that the whole case against Gray rented upon She then corroborates her husband Monday. Court convened at 9 o'clock this morning but all the forenoon was occupied in the argument of the instructions to be given by the court to the jury.

By noon Judge Burnette had fully settled, prepared and signed his instructions to the jury, which make up twenty-seven closely written pages of typewriting. After giving all the usual instructions of a general nature pertaining to cases where homicide is charged he gives the jury numerous charges pertinent to this particular case. Among these special directions tho following are some of the most important points: He instructs them that it does not matter what the jury's opinion may be of the drgree of guilt of McDonald, about Gray preparing the gun, the target practice, the two going to the their testimony alone for its founda- and the first buildings erected in the winter of '83 and '84. In the spring tion. He certainly convinced all reasonable hearers that the theory grove together and the other occur rences connected with the shooting tnat tne prosecution or this case She swears that Gray said that Mc against Gray is a carefully laid plan Donald had made a botch of it by let to get rid of him is possible, if not probable, under the evidence.

His speech evidently had its effect upon ting Craig set him, but that Craig was dependent upon him for a living and wou'd swear to whatever he told him. She swears that Gray came to their rojm the next day and told them he had good news; that Patton was ,1 he jurors and last night many pre- from carrying his threats into execu- dieted Gray's acquittal. tion; but if the jury believe that Mc This morning C. E. Elliott com menced the closing speech for the factories had their products piled mountain high, there no market for them because the people had no money to buy with.

Then why would more protection help the matter? He had a conversation with a warm friend of his recently who was a national banker. The banker said the trouble with the country was that the money was stored up in the eastern vaults in the hands of few men. If confidence was restored these money owners would loan it out and times would get'good. Hence we have on the one hand a languishing people whose prosperity can only come through the diffusion of that stored up weaith in the eastern vaults, and the holders of the money waiting for prosperity to come in order to loan their money safely. In the meau.

time congress is providing employment for this idle capital, in part, by issuing government bonds for its safe-investment but the unemployed men are left to get along as best they can. He hoped the people would awake to the realization of the fact that the "man" was greater than property. He advocated the issuing of legal ten state and is still speaking as we go to dead; that Gray told all those about the house that they must stand together and swear to the same thing and instructed them what story to tell. She stood cross-examination excellently. This afternoon ft ffas decided to take the jury to Gray's residence in if they find beyond a reasonable doubt that Gray aided, advised and assisted Thomas McDonald in the killing of Patton in the manner and form as charged in the information, they should find him euilty.

McDonald in his evidence showed that Gray had placed him at a certain tree in the grove with instructions to shoot from that point, but that when Patton came near enough so that he could see that Patton did not have a shotgun, he left that point and went over to the hedge by the roadside. Mr. Stanley on cross examination asked him why he did this. McDonald's answers were in substance that he did not want to kill him; that he intended to see whether Patton would order that they might view the prem ises and surroundings, and Judge Bur-nette made an order to that effect. of '84 some parties talked over the propriety of building a church.

Tlia church members were about equally divided between the Christian and the M. E. church south. It was decided that the two organizations should build a union church, that it should be under the control of one, but that each should have the use of the building half the time if they wished, and that other church organizations should have the privilege of using it when not in use by either of the two named. With that understanding, members of several denominations and persons who were not members of any, donated liberally.

The building was erected and every thing passed off pleasantly for awhile. A union Sunday school was organized and patronized by sinner as well as saint. Everything passed off pleasantly until an M. E. preacher by the name of McDonald came and took charge of bis circuit.

He came to the conclusion that the church building belonged to hitn, (perhaps it was revealed to him) and some of the M. E. members began tospeakof lechurch as our church. Mr. McDonald concluded that a union Sunday school was not just to his liking.

He objected to union lesson leaves and ordered a change to M. E. lesson leaves. Perhaps he accomplished his object, as some who attended Sunday school regularly have never been since. There was an agreement between the two church organizations mentioned that if one was conducting a revival meeting that the regular meetings of the other should be postponed, so as not to interfere with the revival.

This agreement has been broken several times, the Christian church hav-ng to move to the school house, and not at all times to accommodate the Methodists, but the United Brethren, who have never, as an organization, had any claim on said building, finan Donald and Patton had agreed to meet at the point where the shooting was done, and that McDonald went there in pursuance of that agreement, as he testified, and lying in ambush shot Patton, then the circumstances set out in this last instruction would not justify the killing. The jury ar permitted to consider all the evidence in arriving at amotion on Gray's part for wanting Patton killed. The fact that several witnesses have sworn differently in different trials, is called to the attention of the jury, and they are instructed to consider this fact, but they may, if they believe a witness has sworn truthfully in this trial, give his testimony full credence. The charge of the court is full, complete and Impartial. It was read to Judge Burnette, the jury and their press.

He first addressed himself to the task of repairing the state's evidence and gathering it together again after the bombardments from Stanley Lawrence and Schwinn. He went at it with adroitness and skill and soon had the evidence against Gray looking as threatening and damaging to the defendant as ever. At the same time he was meeting and answering the arguments which had been advanced by opposing counsel; this he did very effectually. This portion of Mr. Elliott's work he seemed have accomplished to his satisfaction by noon.

This afternoon he Is making a stong and convincing argument, commenting upon all the facts and circumstances which corroborate the evidence of the state's principal witnesses and help to demonstrate the bailiff Messrs. Garver and Elliott, attorneys fcr the state, and Messrs. Stanley and Lawrence, attorneys for der money to be paid out to idle men in the improvement of public roads, the defense, started out this afternoon in buggies. It is about thirty miles to Gray's place and court took an adjournment until tomorrow at 1:30 o'clock p.m. speak to him and if he would to see (the Coxey idea) and in this way the whether they could not settle their needed money would be got out difficulties peaceably.

Mr. Stanley asked him whether at the time he The state will probably close its among the people and the vaults would yet retain their munificent treasure. The western silver mines evidence in chief tomorrow. Then went from the tree to the hedge, he the jury this afternoon and as we go to press County Attorney Garver is addressing the jury. The largest ill come the opening statement for the defense.

The defendant will un should be opened up and the product coined Thousands would be set to had wholly abandoned his former intention and determination to kill Patton. McDonald did not, we be crowd ever in attendance upon any the guilt of the defendant. Mr. Elliott i always a fluent indulging in flights of oratory. Today he has the inspiration of the larg- doubtedly testify on his own behalf; There is certain to be a flat contra work in this way and this would be lieve, make a direct and positive ans peculiarly beneficial to Kansas on ac trial in the county is present.

Tuesday. County Attorney Garver occupied count of the market it would restore diction in the evidence. It is highly probable that there will be some impeachment of witnesses before the wer to this question, but his answer was of a decidedly affirmative nature trial is over. Friday. estcrowd ever assembled in a Wellington court room, every member of which is giving him the closest tatten-tion.

He is making a great speech from both a legal and forensic standpoint. Tne casevillbe given to the jury tonight. It is possible that they will not be locked up in their room before supper. A verdict may be expected for our products. He made a strong plea for the "man" as compared to property, and urged the people to think over these things while there was no campaign on and while in possession of cool judgment.

He was listened to closely by his audience and at the close they thronged around him to shake his hand. Rev. J. I). Botkin left this moraine for Neodesha.

He stated to his friends here that he had more calls for evangelistic work than he could fill. He will hold a meeting at Pot-win in Butler county next week, and following that in Kingman county. He preached all last week in El and had a strong tendency to create the belief that he had abindoned his prior intentions when he saw that Patton was not carrying a sholgun. He said that when Patton noticed him, Patton readied quickly for his hip pocket and he shot him because of this demonstration. In vitw of this testimony the court instructed the jury as follows: "Although you might find from the evidence that the defendant Anderson Gray advised Thomas McDonald to kill Thomas Patton and assisted him in making preparations to do the act and placed the said McDonald in ambush for that purpose, yet if you at any time.

Those accustomed to two hours yesterday afternoon in his address to the jury, making the best speech of his life. He covered the case very thoroughly, reviewing the strong points in the state's evidence and outlining the prosecution's theories of all the facts leading up to and following the killing. Hon. W. E.

Stanley for the defense followed Mr. Garver. Court adjourned at six o'clock but reconvened at half past seven and Mr. Stanley spoke until after nine, occupying nearly three hours all told. His speech was a master's effort and if Anderson Gray is not acquitted it will be no fault of Stanley.

His speech was the first public indication of what theories cially, or otherwise, except as they should have through the courtesy of the M. E's when not in use by them or the Christian church. Now In this as in all othr matters, we have aimed to give a true account as it stands before the people. We learn that srme parties were offended at an article in last week's paper and talked of canceling their subscriptions. But a Methodist who was standing near told them if the shoe did not fit not to wear it; if they would conduct themselves as they should they would not be criticised.

We believe these matters shoulJ go before the public, and if the managers of this paper object. I shall be obliged to resign my position as local editor. The Voice for fine job printing. The court, jury and their bailiff and the attorneys returned from their trip to view the Gray premises about 12:40 today. The judge, jury and bailiff stopped at Gray's house last night, all his family being in Wellington; the attorneys stopped at the hotel in Conway Springs.

One point was settles by this trip. Miss Dod-son had sworn that she stood in her father's back door and watched Gray and McDonald shooting at the target. The defense, on cross-examination of McDona'd, drew out his opinion that from where they did the practice hearing court trials do not look for a hung jury. Lateu: The jury returned a ver dict of murder in the first degree at 9 o'clock Wednesday evening. District Clerk George W.

Ewing is confined to his home with a threaten- ed attack of typhoid fever. can tlnd that the said McDonald.