The Butler Weekly Times Newspaper, November 27, 1889, Page 5

HARLAN C} TURNER FREE. | the coming of Ballot. 1 the eye a er the arm. The Plea of Selt-Defense Sustained. | HEGRE ae ie GRE Wat R. PLUMMER, saw tl they v aut our saloon down here The trial of Harlan C. Turner, charged with the killing of Jesse W- | MeVeigh, at the “Goose” saloon in | Butler on the evening of March 4th, lf 1889, was begun Friday morning in | badinendios ths the circuit court, and was given to| erlebood atthe the jury at 8 o'clock Saturday even- lijae ak ing, which returned a verdict of ac-| quittal in fifteen minutes. There! was an array of eminent council on | plied and McVeigh took both sides of this case, and on ac |* count of the prominence of the par- ties engaged in it attracted wore | attention than any case which has been on docket for a long time. The state represented by Prosecuting Attorney Boxley, as- sisted by Jno. T. Smith and T. W. Silver of this bar, and Hon. John L Peak, of Kansas City, while Judge Jas. B. Gantt, Parkinson & Graves, Francisco & Rose, Judge Jehu Fran- cisco and J. W. Badger appearet for the defense. By the speech making was limited to! three hours aside. Boxley, Smith and Peak spoke for the state; while Graves, Francisco and Judge Gantt addressed the jury for the defend ant, in the order named. These gen- tlemen each and every one acquitted themselves in a very creditable man- ner. Judge DeArmond’s instruc tions were fair aud impartial and the attorneys on both sides expressed themselves as being perfectly satis- fied with them. The following are the jurors, with the substance of the evidence: C. N. Clark, L. Culbertson, Geo. Hibler, Jacob Aldstatt, A. Hartshorn | Amos Lloyd, W. J. Cox, Jno. Win-| stand you have a gun.” Turner an- sett, PA. Zeal. S. L. Starr, J.B i swered that he because he was not Walton and R. N. Stubblefield. physically ableto fight him. McVeigh | Prosecuting Attorney Boxley then | d: “You have none the better of read the indictment to the jury, after) oo and thes which the witnesses for the state); 1. at what scemed to and defense were called and put un- | 4),, der the rule. | @ there all day, pretty much of the day. u ends. McVeigh went ou nloon. wh side of front ront ren McVeigh came back and sail to the whole party, No one his hat | something with me.” and said: “Take something with me.” Turner g and struck at) Turner took off his nat and threw it at Aie- Did what further was done until Turner came Veigh. not remember Was behind the bar and asked for a pis- tol. He, Plumin told him there was no pistol there, and he, Turner, weut out aud s: “fkuow where T ean eet one. " 5 . . 1 The attorneys for the defense here | objected to the suggestive manner! of questioning of the g prosecution. | pereemeny The objection was overruled and on further questioning Mr. Piummer stated that he tuid MeVeigh that Turner had gone fora pistol and he had better look out. Mr. his saloon aud McVeigh drove fuway in Fearing trou- ble Piummer closed his buggy. Then he, Plummer, went back and opened the saloon aud Turner came — back with Mr. Hanks and Mr. John Francisco. They went out aud Turner came back alone and was standing behiud the bar with Pluumer when McVeigh came in and said: “Take something with me,” Turner said: “No, I don’t want anything, [have just taken a drink.” McVeigh said “I under- & both drew their pis-} witness at | Witness caught the {revolvers and urged that there be no | same time. pele eate Veet) trouble there. The pistols were the present coroner of Bates county losted an Mee a TRue being sworn, said: first saw McVeigh ; further talk, Turner passed down at 10 o'clock on the night of March) chind the bar and sat down on a! 4th, in saloon near southwest cor-| 4, Witness ; found on examination two) ¢jowed Lurver and McVeigh came wounds, rnear the ice chest. ner; j behind but both had their pistols the coroner he was! the face with their hats. |placed on a stretcher and taken to | got angry and said he would like to | The Jury Acquits on the First tLe Laclede hotel where be breathed | g ibis last at 2:15 that night. He found | “Don't hit me or Ill | three wounds, one in the beast, one you.” I next ' Francisco an him trying to 9} Well as near as I re- [Aft r Turner left that ember they were there together as | 54¥ the | Jeffris saloon, | Paes of the square west as if going i | | 1 | Vegh came in and said to Sige | Turner | give him a black eye. MeVeigh said have to hit | aw Turner with Judge | another gentleman go| luto the Goose szloon. I again saw en the door of thi if an hour later. | side of the | ue out of the | y and oon about a re McVeigh — cor got in his bug: | honie. | MIKE CURRY t ed that he tirst heard a remark | Mr. Turner the first s--— of —— who laid his} hands on him big, Httle. young or} old. That Mr. Turner went out of | and | when he saw him again in about two | hours when in the same saloon, Me- | made saloon in about ten minutes, Turner: { “you have a gun for me.” Turner & said he had zud McVeigh said you | have none the best of me, and both} They con near hiin and they con but witness didu’t hea When Turner arose from Witness left Wituess returned to thes. passed his chair, the room. he heard two shots, and found Me Veigh lying on the floor. “I had reached Dr. Pyle’s house opposite the bank, when I heard the On crosa examination witness as- sented to his evidence on the pre- liminary trial to the effect that Me- Veigh took his pistol out a second time. He also further testified that McVeigh turned his back to Turner and said: “you wouldn’t shoot in the back, would you?’ McVeigh renewed the talk when shots.” me Turner was sitting down, but witness couldn't say what they were saying. Earlier witness went up to Jeffries saloon; he saw McVeigh with a pistol. DOUG Moss their pistols in their hands. Siege tke Me., to a God's rucd talking | what words | 0clock walking up the west side of oon after | McVeigh’s body hid Turner's face 'He didn’t try to shoot me; we both | Sghting. knocking down, dra from me. {held our pistols at our sides. Pluta-! HIGH MOSS. On Monday night, the 4th of} put up our pistels. Mareh, I went into the saloon on the /d— eowardly s—— south side; saw McVeigh and Tu:- would ouly shoot a man in the back ner sianding behind the bar with jand turned his back to: “I sand, rtainty I stepped back and wouldn't do that.’ Me. said. “I didn’t chair near the ice chest. Me. said | think you would.” He “this is your play but I don’t“believe | you are to blame.” I said “no, Me., you would shoot me in the back; Pil} I don’t think I am.” Plummer just let vou see;” and he turned his isyou boys are both to. bi back, looking over his shoulder at; now drop this thing.” Turner. Turner said ‘you bet your} and sat down in a chair. sat down ona said, ame, and T walked off Me. came life I won't.” McVeigh moved down | down with his pistol in bis hand, | J. H. MeVeigh, father of dee that he would kill | #€#® Turner and I, fearing trouble, /and he didu’t put ii up, that I saw. | testified that J. W. land I was watehing him. He came up and said, “By God, I'm ready to let the play go on.” Went over to where some boys were playing poel; didn't hear what fur- ther was said; heard the shots and saw McVeigh fall. Cross Twas sitting in the chair and raised up to have au examination: They both | equal show in case he attacked me agreed to leave the difficulty to Bob | He raised his revolver and I struck Piummer, but it up and caught his with my left hand. My impression was that he would shoot me, and I Plummer refused to settle it. Turner went and sat down Me. followed in a little bit but I didn’t hear what they said Didu't see Turner make any demon- right) wrist by himself. We scutf- couldn't fired as quick as I could. fled over the tloor, I say ; i stig red back bee: how far or how long, my state {inucd contending who was wrong. = ey i‘ zt moved back because F ve 1 a ‘ ‘t = me 8 * . t 2 nee : Witness thought MeVeigh put his | pc cane eee pekoe eae a Cres : ne aes pistol back in Lis pocket, and Tur- | ble. T saw McV eigh’s pistol in his things. Me. didn’t loosen his hold Berl mented doe a fo thelend of; Den hand: on me xt any time but [jerked leose Lie pwn to the en : ihe bar amleertedows. witht pi WALKER MORGAN, from him and fired as quick as Police | McVeigh stood | Stated that on the night of the diffi could, and that is how I came to shoot over my shoulder; I ‘didn't know where the ball would go. On cross examination the defend- and stated that there had been no bad blood between the deceased, |MecVeigh, and himself before that evening; that he was not armed i toe 2 spa evan: ‘ > fectinedi that enaaw imeranal when the s; at began _that he had drank none since leaving the saloon Hanks on the west side of square tho frat 3 ey and heard Turner say, TH pet him e first time, anc had somewhat sobered up. T hadn't thought any pote naneae more of Me and didn’t expect to see him in the saloon, and didn't know where he was until he came up to me. If he hadn't tried to kill me I shouldn't have shot. culty he saw Harlan Turner about 8 jthe square. I heard him say, “That ihe would kill him,” Uut heard no names. Harlan was talking to John Francisco. FRANK LAFOLLET WM. F. HANKS testified that on the night in questicn just before supper about 6 or 7 | O'clock, he stepped into the Goose saloon and asked Harlan to go down jand take supper with him. Harlan j made no auswer but McVeigh said | Turner wasn’t going to supper until jhe drank with him and leaned across ithe counter, took Harlan by the | shoulder, drew him upon the coun jter and began slapping Harlan wih | said, “you wouldn't shoot me in the 1. B, CHOWNING, in evidence made the following state- ment: I knew MeVeigh, didn’t know Turner. I saw them together in saloon; the difficulty I saw was about 9:30 o'clock. Me. and Tur- ner were behind the bar. McVeigh jhis hatin the face. The first I saw Turner was striking at McVeigh, and MeVeigh told him to quit striking at him or he would knock him do parted then, then Turner made the remark that he would go get his pis- one in chest and one in| head. He was breathing when I 1 ott. and saw himuo more until morning, |they continued talking. McVeigh when he was dead. In my opinion | repeated by saying, “You wouldn't | the wound in the Pead or the one i) 4.464 unless you could shoot in my the breast would produce death. yess Pacer anawercd for s| The wound in the coat sleeve corres- | @44°. certainly E would noi do that.” | ponded with the wound in head. py. continued talking bat Plum. The clothing of deceasetl was PLO-| er/could not recollect that ¢Me-' duced’ and prosecution asked for Reset ell Hie tlhe aie co on” | amore minute description of the) When Turner rose from bis chair | wound in the breast. The wound and stepped around to the end of | could be probed but 4 inches; the | the bar, McVeigh struck at Turner’ wound in the head was in the right | with his pistol and witness was un-| eye, ranging upward and backward | |, the essed that lie struek | and penetrating the brain. lwith foree. At the same time he The coat of the deceased was pro- ‘threw his arm around Turner's neck | duced and the coroner testified that 154 drew him toward him, so that | the wound in the sleeve appeared to/ iho two men were close together | have been produced while the arm | vith their right hands which were | was raised and bent and have been |holding the pistols between them. produced by the same ball that pro- | They were in that position when duced the wound in the head. The ithe first shot was fired. Witness doctor judged that the revolvers | couldn't tell who fired the first shot produced in court were the revol- yy that position they shuffled outi vers produced at the coroner's in- to the room and they had about | qust. lreached the counter again, McVeigh | On cross examinatior, the doctor ! being behind Turner with his left testified that in his opinion, the arm around Turner and his right! wounds in the breast and the eye (hand with the pistol in itunder Tur | were both mortal. {ner’s right elbow as near as I could tell | Judge Gantt asked the doctor to | shoving him for forward when Tur-; testify as to the size andstrength of | 6. shot upward the ball entering | MeVeigh. The prosecution object | MeVeigh’s eye. He fell to the floor; ed to the question but the Court },;, pistol dropped from his hand. } overruled the objection and Dr. i Witness went up to Turner and Walls testified that Mr. MeVeigh | Turner gave up his pistol, witness wasamore athletic and stronger) picked up man than Turner. | SHERIFF GLAZEBROOK, im } the other pistol and | jput both in the drawer. | passed behind the bar with witness testified that the revolvers produced and said: ‘Bob stand by me in this were the ones given him on the 5th jand t'will be one thousand dollars of last March by either Dr. Walls’ in your pocket. or Mr. Plummer and no one had MOGUIRE, access to to them since that time. telegraph operator, testified that he On cross examination, in answer ‘heard Turner make threats when he to the questions as to the size and left saloon. On cross examination stature said that J. W. McVeigh was | McGuire stated that he saw MeV eigh about 6 feet and would weigh about | have a pistol in his hand in Jeffries 180 pounds, was stronger and more saloon. The prosecution —— to athletic than Turner and physically draw out what w d at the time considered the best man in town. but the defense objected and court V. D. SNYDER sustained objection. first saw Mr. MeVeigh when he went MR. HELT up to the Goose saloon when he testified that he saw the parties found him on the floor dying. After about 7:30 hitting each other over Turner When Turner sat dowa Me- | tol and shoot. saw him; was with him unti! 2 0 clock, | Veisllonned acainst thes bar and | street later. he was with Hanks; he} acd outof the now.” IT saw Turner on the said he was going to shoot McVeigh the first sight he got of him. The witness becams so badly confused on cross examination that he agreed he didn’t hear what Turner said when he passed him. EUGENE HEDRICK The first I heard MeVeigh was talk- ing to Boone Trimble and went be- hind the bar and said to Turner, * ‘Understand you have a gun for me. Turner said “I have,” and laid his revolver on his lap. MeVeigh said: “you have none the best of ime,” and drew his revolver. They talked on for some time and then Turner went back by the ice chest and sat down. MeVeigh went back to him | and said: ‘we had as well settle this Mr. Turner said. “I’m not afraid of you, Mc.” They continued to talk and I knew MeVeigh was getting mad, because he began to stutter. Mr, Turner stood up facing Mr. MeVeigh and McVeigh struck Turner with his pistol, and then they clinched and scuffled a little while, and as soonas Turner ceuld get his hand loose he shot went out andheard a second shot and when I went back McVeigh was lying on the floor with biood run- ning out of his head. On the cross examination. Turner was sitting by himself when McVeigh stood before the mirror and said something about | giving Turner a chance to shoot him | in the back. Turner said he wouldn't shoot him so. Turner had made no !metion to shoot or strike until Me- ‘Veigh struck him. W. L. WARDER. When I first saw them MeVeigh was leaning on the counter of the Goose saloon and Turner was sitting down. Turner rose to his feet McVeigh shoved Turner's head with his hand with the revolver init. Then they clinched and they hadn't got from the bar when the first shet was fired. “MeVeigh was izeing east of south when the second shet was fired but I then} There was aj back.” Turner answered, “No, toa | general slapping and Harlan said | God's certainty I wouldn't do that.” jhe didn’t like such treatmcut. Me-| Me. said, “I thought you wouldu’t.” Mr. Plummer | Veigh said if he didn’t he could put}I heard Me. say, “Harlan, you are| liouse, six rooms, two porches ia head on him. I begged them not wrong, g-— d—— you know you are to have any difficulty and presently wrong.” Plummer said, “you are | Harlan passed around the counter | both wroug, put these things up and woon. After supper |take a drink.” Turner went away I met Harlan and we went down the | and sat down near the end of the jwest side; we went te the saloon|counter, Me. followed in about a and Harlan rattled at the door and} minute aad said: “I'd about as soon said: “Bob I know you are in there | die here as anywhere, let the play jand if you don’t let me in I'll break | go on, ‘Let her go Gallages’.”. Tur- your glass.” We went around the | ner raised and said, “I’m not physi- square to Zeb Williams’ store where | cally able to fi, ht you.” Me. caid, Harlan ate oysters and I left him. |“we areon equal terms, g-— d-— Witness was positive that Turner | you, let the play go on,” and raised did not mention McVeigh and wit-|his revolver and struck Turner on jness didn’t know he had a pistol. left side of face; Ale. caught Tur- ner’s shoulder, they were very close together; I coul? not see the pistols they were between them. I went jout and only heard the secoud shot. On rigid cross examination the boy became somewhat confused but stuck stoutly to main points of evi- dence. HARLAN C. TURNER, the defendant, was sworn and _testi- fied that he had known J. W. Me- Veigh for 5 years. I will give a statement us nearly as possible what I said for I was drinking, indeed was much intoxicated, had been drinking all day, Me. and all of us had drank all evening, and I can’t . deny what may beprovenhereabout; “Mr McVeigh was considered to my making threats but I don’t re-|enjoy being in a fight. I'd think member anything of that kind. It | Mc. was 5 feet 10; net as tall as I was somewhere about 7 o'clock when | am; think he would weigh about 180 we were standing in the saloon; Mc-; pounds. I think McVeigh had no Veigh said, “take something with|superior in Butler in point of size me” and slapped me with his hat,/and strength. As compared with and we slapped several times with; Turner, he was much larger and |our hats but I didn’t get mad until/stronger. On cross examination, he jerked me up on the counter and|Mr Mize stated that he did not slapped my hand down on the coun-| know and had never heardof Me. ter and hurt it very bad, then I was | being a cutting or shooting man. mad and I thought he was mad. C. RB. RADFORD. We had gotten about half way down | said he could not say what the peo- the counter and then he came round|ple generally said about Mr. Me- | the end of the counter and came to} Veigh. Then Plummer got between us R. G HARTWELL. \and in a little bit I went out of the|had a slight acquaintance with Me- saloon. Didn't see Mc. any more|Veigh. General reputation for a until two hours later. I went into|lawabiding citizen was not very | the saloon and was standing talking ‘to Bob Plummer and we had just itaken a drink of what they called! his fighting; never knew of his us- \eider, but it was beer, when Mc. ing a knife or pistol, He was one | came from the south end of saloon | of the aldermen of this town. ‘and said, “you d—- s— b— take} M. W. MIZE. | me. good; reputation was much of a pugilist and athlete; ofte: heard of T. L. PETTYS. They were talking. When/ something with me.” 1] didn’t like | said when he wasn’t drinking he was | Hibbards Rineumatic andjLiver ‘the invitation aud I didn’t want any- la quiet, peaceable wav, but when ithing. anyway. He looked me right | drinking had the reputation of be- lin the eye and said, “you have gots ing a quarrelsome, fighting man, _gun.” Itold him yes, I had, but inever heard of bim using a pistol or | didn’t draw my pistol until he said, ' knife. “you s—— of a b— you have none } RB. 8. CATRON. |the best of me, and drew his pistol. | said reputation wasn't good, was jmer tried te quiet us and get us to! gemal clever sert of a fellow. Me. said, “you | siderable larger man than of b—- you!He wasa strong man and uid, “Harlan, 1 five years. out sort ofa man. When so Tn cross examination, witness heard of him using a weapon. JAMES BROUGH. knew J. W. McVeigh for four ! Reputation was «bad > lighting and qu 4 | Never heard of McVeigh u: } a& weapon. ' he defense rested here. | being i J. H MCVEIGH. MeVeig general weight was 170 po height about 5 feet 10 inches,; jstrong athletic young man, a & speciman of physical manhood. 7 A Family Dispute. x Nevada. Mo. Nov. 23.—W. > Watson, of this city, is lying il a acighbor’s residence, and chi his wife with giving him “rough rats” to get him out of the way. states this makes the third dose | - poison given him. Mrs. Wy stoutly denies the charge and claims her innocence. Both p are of an advanced age. 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