The Butler Weekly Times Newspaper, March 1, 1900, Page 3

| FOR HIS LIFE, ”’ McGinnis on Trial for the Murder of Wm. Bocherding. Tye MOTIVE WAS MURDER. | ithe Deed Was Foul and Brutal. Jury Selected.—The Tak- ing of Testimony Begun. (Continued from Last Week.) JOE BOMAR. live in Lone Oak. Was at old Bo place, where road runs east hich leads to Bocherding’s, in the sternoon of the Sunday he was Killed. ‘now Bunk McGinnis. Sawhim and other party going east on that nad about 4 o'clock. Defendant ona white horse. Had on high ite hat, light coat and dark trous- J.C, NAFUS Was at Bob Kamm’s on that Sun- afternoon. Saw two horsemen sing east on that road. They were band.” The moon was shining Sun- day night. (Court ordered the tes- timony relating to what he had heard Mrs. Bercherding say to pris- oner stricken out.) HENRY MIEWALD. Am policeman at Rich Hill. Fortwo years. Know defendant MeGinnis. Was in the jail when conversation took place between sheriff, prosecut- ing attorney and prisoner. Stood outside of cell, around the corner. Heard Mr. Clark say to McGinnis, you are charged with shooting old man Bocherding. Hesaid “I was not over there on Sunday.” When Mr Clark told him he had a telegram that the old nan was dead, the pris- oner, with his hands upon the bars, swallowed a few times and then said he did not kill him. He said he went from Rich Hill past the Pomar place and north to his brother’s. He got to his brother's place about supper time. Cross. mination: Prisoner kuew I was there and knew the sheriff was there. Said one of the prisoners had and Dr. Lusk He said he left) Rieh 5 o'clock and went to told him of the shooti had told him. Hill about 4 or his brother Will's. W. W. LEECH. Lived at Rockville for 30 years. Re- member the sheriff taking McGinnis cs. Went with over to Bocherdir them. Hada talk with McGinnis. He said he, Mr. Abel and Mr. Mer- chant were together from Rich Hill white horses. One. | think, was Abel. The stranger had on a bite hat. ROBERT KAMM. Aive on the road running west from fr. Bocherding’s. Afternoon of ht of killing was at home. On ath side of road. Mile and half Schapler’s corners. Two men deeast on that road. Onel took Ed Abel, didn’t know the other nongray horse. Between 4 and o'clock. JAMES PETTUS. Am working for George Smith. On noon Bocherding was killed I at Mr. Hammond’s. I know Ginnis and Abel when I see them. them going east on that road. Ginnis had on a white hat. They re riding white horses. FRED KAMM. Thad been at iny brother’s on that moon. Was on my way home out 4 o'clock. Met Abel and Mr. Ginnis. Know them both. They riding white horses. McGinnis don white hat. Met them just of Jim Lane's. Identified prisoner the man he met. MRS. FED KAMM. Was with my husband when we two men going east. Know Mr. bel. They were on white horses. CHARLES KEINBERGER. flivein Lone Uak. Was on road ding west from Bocherding on Sunday afternoon. Know Ed Wel. Met Ed Abel and = another ‘first eross road west of Bocher gs Riding two grays. About 5 ock. Went straight home. On Sold Bomar place. After dark nl got home. Wife was with me. 8% miles from Bocherding’s MRS. KEINBERGER. fas with my husband onafternoon sherding was killed. We met Ed Peland another man two miles west Bocherding’s. Stranger was rid- White horse. Got home late in ning. il. A. BASHORE. ve on the old Montgomery place of Jim Lane’s on road west from cherding’s. Was over about 4 mm’s. Saw two horsemen riding » Ed Abel Riding ite horses. Was in the neighbor- od of 4 o'clock. y PETER SHELT. three miles west) Prairie City. Sunday afternoon was over to Box's. Saw Ed Abel there that ing. About half-past 5 o'clock. efrom the north. Came alone. @ CHRIS FOX, x ing half mile west and mile h of Bocherding’s. Had been ppleton City. Returned homeat inutes to 8. Found Ed Abel , besides family. He stayed all) was) one. BOB DAVIS. in Hudson, half mile from | ing’s. Have a good view of south and west of my house. | 4 Heard holler. it the third time. Shot sound-! Southwest toward Bocherding’s. Mrs. Bocherding say to pris- somebody : “Youare the man who came ing thenight ithappened. Mrs. Boch- in <j fto kill me and my husband and Hire the man who killed my hus- until they crossed the rive He and Abel went north and Abel went on east and he went up to his brother's and got there about sun down. SHERIFF MUDD. Took the prisoner to Bocherding’s around by Rockville. Met Mr. Clark there. It was the day of the funeral Defendant was taken into the kitcher. A maekintosh was put on him. Mr. Clark cautioned Mrs. Bocherding not to say that she identified him for fear of trouble of a mob. Walked pris- oner around the room in presence of Mrs. Bocherding. Prisoner rolled and lighted a cigarette. He smokes cigarettes. On morning of his arrest, while in jail, Mr. Clark told him he was charged with shooting the old man. This he denied. Mr. Clark ex- hibited a telegram and told him the old man was dead. He appeared greatly excited. Said he went Rich Hill across to his brother’s. Special cartridge for the Colts revol- vers, (ball taken out of cartridge in presence of jury and ball taken from the body of dead man fitted in the cartridge.) Cross from Took and back in house amination: pris- out to carriag Re-Direct : brought to jail wore his pants in his poots. When prisoner was D.D. M'CANN, Deputy Sheriff. Arrested the de- fendant. Identified pistol, scabbard, clothing, etc. Did not have pants in boots when arrested. Cross-Examination: Had a rail- road ticket to Nevada, $65.75 in his pocket. LE 2R PHILLIPS Live in Butler. Overheard versation in a con- Bates county jail be- tween defendant Abel. down by Mr. Clark. Went in the with Dike MeCann and cell, = Mc was brought and put in adjoining cell Abel wasin the corridor. McGinnis called Abel and told him he wanted totalk tohim. Asked him not to say he came along a certaim road east. Abel said he had already told that. MeGinnis said he talked too much, then asked him to say that le (MeGinnis) went north from s« ley’s corner and turned west, and on Abel’s remonstrating, asked him then to say hewent toold man Mer- chant’s. He said, “for God sake don’t say anything about a mackin- tosh or spurs, outside of that mack intosh the old lady can never identify me.” Cross-Examination: Had seen either McGinnis or Abel and Sent west door went in west finns. never before. Was concealed from Metiinnis Abel knew I was there. Re-Direct: First asked him to say he went a mile north and then turned west and then asked him to say he was at Merechant’s. And when Abel asked him where he really was, Me-| Ginnis told him the least he knew of that the better. D. D. M'CANN, Re-Called. fore that day. . PEBLER Live in Hudson. About half mile from Bocherding. Heard of the kill- erding came to my house and asked me to notify the neighbors. It wasa Remember taking Mc-| aman riding white horse going Ginnis and placing him in lower cell. i Went with me to Stumptown to get, halt mile. turned in Fox's about | McGinnis was kept upstairs. Abel/@ stalk cutter next morning. Mock. Heard a gunshot after 7/down. No opportunity to talk be-!a white horse. Sold him to Dr. Lusk. | moonlight night. Know Ed Abel. !Requa, he was at my house Sundey! Don’t know McGinnis. Old man Me-fevening, a little before sundown, left Ginnis married Ed Abel’s mother. {tor home shortly after sunset. When out in yard that night had no DR. B. E. LUSK. trouble recognizing each other. Live at Stumptown. Cross-Examination: Several shade | Ginnis. trees in yard on all sides of house. | ing after murder. Came to my store Moen was in the west. About the| Was en white horse. He came to sell | first quarter. (An almanac was offer-| ne his horse. Got on horse and rode him. Don’t thin<there was a bundle | nd set on the 16th day] 4, back of sadd! - Bought his horse. ) Cross-examination: It MOLLIE FOX. Arabian Daughter of John Fox. Ed Abel traveling horse. Know Me- Saw him on Monday morn- jed in evidence to show what time the} moon rose é jot April, 1 was ull hors, exception Bought 2 on Mr. Sechelt was there when Ed Abel red all vat supper. } down. 2 neue WILL M’GINNIS Was eame. Ed Recalled: Am acquainted with Dr Lusk. nights after the murde Was not a Came to my {there when Chris came home. place several came home from Appleton City at aj this time. Dr. Lusx tecalled. A Remember | shooting of Bocherding, after quarter to 8 o'clock. srother and Ed Abel sle Cross-Examination : ot together. night or two dark Will M Called him up and the time because we have often spoken | about 9 o’clock, | was at aboutit. Ed went out when brother] Ginnis’ house. Met him at barn. had a conversation with him on busi- CHRIS FOX ness affairs. Did not discuss the time Ed Abel Slept with me|/Bunk MeGinnis got in Land from came home te-Called. the night of the murder. our house gradual slope to south. on Sunday night. ALLEN WRIGHT Live at Rich Hill. Know Mr. wald. Had a conversation wit shortly after a shooting at Ri He said that he couldn't tell who did Commands view for some distance to Orchard half mile to south home. south. Can see the orchard from Seventeen trees to row and five rows wide. Roadruns by orchard between . é ; si if i‘ ° is : 2 = the shooting. That it was too dark wo public roads. rehard only |»). ORS : eters oo ~ | Think he said there was more than Person from the woods to roadway south. : one party. eould be seen in orchard E er DAVE BASORE road and surrounding neighborhood. enon | | vé t i se F; St # = A . | was at our house on that mnday | time. Agreed to pay him in a few night. Came half hour before sun-| 4 ays. Paid him $20 the same day | MARY FOX, Called | Live near Boel Fd Abel|up. He didn’t ask me where Bunk was | came to our house beforesundown on | at on Saturday night. He did not | that day. Schelt was there. Mr.jask me where Bunk was 5 \ Abel did not leave our house untilj night, and I did- not say came | the next morning Brother Chris | home after [had gone to bed. about 7 before k was with me. Took a om Pit Said he her to his brother Bills cow was taking MRS. CALLAHAN. Live in Rich Hill. Know Mr. Mie- Live at Montrose. Was subpanaed wald. Heard him say that he by defendant. Heard of the killing|couldn’t tell who the par were of Mr. Saw defendant | Who did theshooting. on the day after the killing at Lone Oak. He had on a white hat, light e in neighborhood of Mr Boch- coat, cordoroy pants, with pants in|erding. Was present when sheriff boots. Had a pistol got it, from un-| brought prisoner down there. Heard der his coat. Saw his horse. White}, talk with her and the prisoner. She horse. Roll tied behind his saddle. HUGH CALDAMAN- tain whether you are the boy or not Was at Lone Oak the day after the] and then said, bring on the other killing, Monday, April 17. Saw Me-|] boy.” 1 was verv close to them. Ginnis. Hehad onhighheeled boots,| ‘Cross-examination. cordoroy pantsand cowboy hat. Saw] many around there. a pistol, bluetinish. Think there was] so plows wl was there. a bundle tied behind’ his saddle, rid- ing a white horse. was McGinnis. MR. MIWALD. socnerding. JONH FOX said to prisoner, “I can’t tell for cer- Saw good They were not seme GEO. BAKER Some one said it Live at Peru, farmer and gene merchandise Have known defend- ant for 20 years. Had worked for Re-Called. Rich | me 5 or 6 months in 1895. Hill ten or twelve days prior to kill- ing of Bocherding. He broke ina store. Shot at me. Was under an electric light and if pistol had been bright would noticed it. He was dressed in gray coat, dark pants Saw defendant at D. W. SHORT Live in Lone Oak. Know defend ant, for 5 years. Live \ miles from Wm. McGinnis. Saw defendant on- evening of the Sunday have ; of shooting in boots and had on light hat between sundown and dark. Was Croas-Examination: Might have|Co™ming up from my barn. He was % going along the road west. He hel- said to Allen Wright and Don Baser and others that I did not recognize the party who shot at me. Did not know hisname. Knew they called him ‘Bunk. My custom as_ police- man is to withhold names of erimi- nals from the public. Here the State rested its case. loed at me. Was riding a white hors Was between 25 and 30 steps to road. He said Hello, Dad. I said. hello, Bunk. Cross-examination. I swear to the jury that I sdw him on the night mentioned, if lam not mistaken. He E spoke tome. Iknow J. E. Requa . MERCHANT. . wee : ee me i A Heard a few days aiter that Mr. Phe first witness forthe defense tes-| Bocherding had been killed. I did tified in substance: Live in Rich Hi Remember riding out of Rich Hill with MeGinnis Was going to Burkhart’s near Pappinv: Ed Abel and I left together in my wagon. swear before the grand jury that I heard it on Monday morning after he was killed. Don’t know who the first man was I told this to. Saw him go by on Saturday evening going west. leading his horse. Bunk MeGinnis] Just after dinner Didn’t see him canght up with us in about a mile] Friday. Was tending to W Mc- out. They left me at Pitchford’s cor- ner. They went north. | McGinnis rode in shirt sleeves. Coat strapped on behind. Ginnis’ cows on that day for him I did swear before the grand jury that I knew it was Sunday because it was the day after I worked for J. E. Re- Cross-Examination: Ed Abel isa qua, on Saturday. Will McGinnis step-brother eGinnis Ne . : = - fi tep-brother to McGinnis. Ed Abel] was not the first man who told me of ismy nephew. I am brother-in-law] ghekilling to Green B. McG Iwent south ‘ MRS) KATE CARVER ha aretha Livein Lone Oak. Came home Live in Lone Oak. Was at Rich/f-om Henry county that Sunday af- Hill on the Sunday mentioned. My Seen a man riding a white wife stayed in the Hill. I started | pores going toward Will McGinnis. Went east to iron] Don’t remember the hour. It bridge, and northhome. Live about | jate in the evening. My husband was |3 or 345 miles from bridge. My broth-| going his feeding. Had seen the man er was with B. Merchant and Ed| riding a white horse, they called him ;Abel. Both were in shirt sleeves.! Bunk McGinnis. Was not quite a ; Had his coat tied on behind his sad-| half mile. {dle. Had no mackintosh. He was at } my place frequently. He had been ua: i : back from the Indian Ty., about two! Live in Lone Oak. Was born in |weeks. Saw him and Ed Abél at|Shawnee township. Got acquainted cross roads, they turned east. He | with MeGinnis, when he came back came back to my house about seven | the last time. Heard of the killing Stayed with me all night. of Mr. Bocherding. Saw the defend- : ‘and between sundown and dark that ternoon. | home in wagon. was J. E. CARVER o'clock. Had |¢vening. Heard Mr. Short speak to| him. I called my wife's attention to} im. He wasriding a white horse. | Wore a light coat and white hat. Mr| j Went to Rich Got home " S Is f lace is 160 ds from the roa evening. Places 160 yards from the ro Short’s house is right on the road | Cross-examination: | Hill Saturday morning. about 4 o'clock Sunday | Hadn't gone to bed when Bunk got i Did not say to J. E. Requa that i. MORT MERCHANT - ; ‘ Bunk got in after I had gone to bed, Live at Prairie City. Know de- but before I went to sleep. Know A. fendant. Saw defendant on Saturday | ‘ ‘ Cross-examination B. Merc is a brother of Ed Abel. erdi 34 from my house Defendant » Friday night stayed a hous NOAH MGINNiS rs. Heard the state- Miewald, I never did Was put in jail Upstairs Other Age 238 y ment of Mr shoot Mr. Miewald. morning of 20th of April. in ca northwest corner. prisoners there allthe time. Remem- ber of hearing of the old man being shot. that night in the evening I was at my brother Will's on Got ther o'clock Dike McCann took me down stairs and put me ina cell. Abel was: > ¥ bout 7 rrested after I was. Ed and 1 s talkingsome down there. Did not testified to by Leslie Phillips ed Ed if he told Harvey separated. He said he told him we ive the conversation as I ask- where we had separated at Shipley’s corner. he talked too told him h. thought it was imprudent. him if he told Harvey I going to old man Mercl 1 i I asked talke was something said of a machintosh Ed asked me what was « the: I said when they put a on me the old lady kind was the man. She said other man and she would eo whei mackintost thought | bring on the } out. WILL M'GINNIS Did not have with J. E. Recalled by state conversation tequa in which I said did not know what time Bunk got home not say tl a mer. About 4045 mw D. W. Short and Bill Hada conversation witt is on Thursday after murder. uild- ing a fence, in whic did not know when Bur that it but it was some he went to sleep. Was | Short asked Bill MeGinn got home and he said hedidn’t know, but it was before he went to <leep Short « we me my brother Henry on Saturday ere were two «« Short was not j re onversation Know reputation. Good A. REQUA Live in Pleasant Gap. Kr McGinnis. Heard Bocherding. We house on Su left after su dark when I got hor Wm. McGi Know DW urday at his meormy brother day. Did not see up lane ona throuch the flelds to A number of witn duced by the = ow Wm. at McGinns’s illing, was about Went to see Bunk was not th Saw him on Sat- Did not work for Henry. on that home. oming t Continued on another page.) took me down to be identified. 4 pick his pi him | f the killing ofsp B 1arm — it floats Money Lost in the Charleston. New York. Feb. 21.—When the cruiser Charleston was wrecked sev eral months ago on an unchartered reef north of Luzon, the ship's pay- Master was compelled to abandon his money safe, whieh contained about 28,000 Mexi $400 in wold The amount of specie and the strong box an dollars and weight of this was too great to imperil the lives of the men who were set adrift in the ertainty of keep oped boats with no ing afloat until land could be reach ed. It was necessary to utilize all spare capacity of the boats for food and for arms and amunition, for fear a landing would have to be made on rsh or that the sympa a barre thizers of reception at Aguinaldo would offer a which guns and cart- than The money left be ridges would be worth more Mexican money hind had been charged against pay- master Reynolds of mount of $12,240 and when he reached Manila t found to be short that much the Charleston, to the a accounts were Under the regulations Admiral Watson or investigate the The re- Wasi.- ngton, fully exonerates the paym 1 a board to failure to balance accounts | port which has just reached ter The Issue of 1900 From a Republican Standpoint. | Globe- Democrat. hin the past two davs the pres- ilent has discussed the prospects of the campaign with his most intimate ids. He has said that froma study of the conditions he realizes no he has the result. if republicans | walk over is before him, but no fears of ' work fe to that Bryane trip ed with party snecess with zealequal hich the democrats apply through the east has been ot close attention by the rey aders. It bas been followed car in order to t democratic re the dif. determi: »whate factions are going to ign ferences of 1896. Bryan's receptions have left no doubt in the minds of re mocrats gen ver. In the tion is grow expansion will o1 { issue of ing that overshadow all others RHEUCMATISM—CATARRH, ARE BLOOD DISEASES. by B. B. B—Bottle Free to Suffer It is the deep-seated, obstinate cases of Catarrh and Rheumatiem that b (Botanic Blood Balm) cur what t re. sprays, li It matreis not inents, de linime medicated blood purifiers, f failed tod: , B. B. B. always prompt ly reaches he real caus: and roote out and dr ves from the bones, joint mucuous n embrane, amd entire sys tem the sp cific poison in the blood that canusex rheumatiem tarrh B. B. Bb. is the only re y strong enough te do this and aud so there can never be a returnto the symptoms. I give up hope, t try B. B. B. (Bota Blood Be Bs r saleby bottle, or 6 large boet tment) $5. To prove o Bb. B. B. we will senda Tria “= to suiferers, 0 +e remedy at our ¢> BLOOD BALM CO druggists Atianta, (ra. a CEM SE