The Butler Weekly Times Newspaper, November 28, 1901, Page 1

} ‘ t ; / The Butler Weekly Times. VOL. XXIV. Jree JURY AGREE ON ' smallpox and left them, going south. IN THE Fl RST DEGREE When told the body of Donegan had | been found denied that he had killed = —_—o— Dr. J. L. Gartrell Convicted of Kill- ing D, B. Donegan. a, _Robbed the Body and Threw it in Mulberry k. a SELF DEFENSE AND INSANITY PLEAD IN DEFENSE. FIRST BALLOT. We, the jury, find the defendant; guilty of murder in the first degree as charged in the first count of the indict. | T. K. LISLE, Foreman, ment. The following is an abstract of the evidence in the case: DR, 0, F, RENICK, Testified to having been called, as cor- oner, to view a dead body found in Mulberry creek, in April, 1901, Found the body wrapped in a sheet, the head encased in a heavy sack tied around the neck, and a coarse blank- et wrapped around the body and tied with a cord. Found a cut in temporal bone, 2 or 3 inches deep, | 3% to 4 inches long, extending over left ear. Death was caused by wound, F. B. NICHOLS, Lives 3 miles southeast of Amoret. On March 20th two men drove up to his house in a two-horse wagon, about 6 o’clock in the morning, in- quired way to Nyhart, came up out of field from south, went east toward ford on creek. 1 told) them they would have to cross on bridge 1 mile southeast. Recognize the defendant J.L Gartrell as the old man who was driving, the young man as his son now in jail. Remember of body being found in creek near my house Was present and helped take it out. The place is ¥ mile due east of my lace. Noticed wound on head. Was in left temple 24% inches long and 2 or 3 inches deep. Ford is east of my ~southwest of Mr. Nichols. place and defendant drove team in that direction. FLORENCE NICHOLS, Daughter of F. B. Nichols, 12 years of age. Recognized defendant as one of the men who drove up to the house on March 20th LESLiE NICHOLS, Son of F, B. Nichols, 11 years old, recognized deferidant as the old man who called at their house on March 20th and asked direction to Nyhart. —With another boy was fishingin Mul berry creek and found body. Saw something in water, fished it out to the bank. Hand and foot showed | when we moved it. “Sent a little brother for his father. ROLLA HENSLEY, 11 years of age, lived in tent ¥ miles Saw de- fendant on morning of March 18th, at 6 o’clock, was in with another man, since recognized his son in jail as his companion. Inquired the way to Nyhart. Said he had busi- ness there, and I believe he said he had relatives living there NEWTON M’MULLEN. Live 4 miles south of Amoret, near cabin where Donegan was killed. De- fendant and a heavy set man called at our place and bought .corn and eggs, heavy set man paying forthem. They were camped in log shanty. Stayed there two nights and one day. Identified picture of cabin. Was in the cabin the morning parties left. Saw where wagon had driven up close to the door. Found blood on ground in southeast corner, also blocd on pieces of newspapers, fire had been built in middle of room. Found pair.of gloves worn by heavy set fellow. The wagon went north and turned east through a neighbo: hood woods road. * JOHN M’MULLEN, ' r- 4 _ brother of Newton McMullen, sw de- nin road near wnty 2nd day w blood insonth- fendant and Doner shanty. Visited after parties Jeft. S: east corner. L. M. STEPHENSON, Justice of the Peace in Amoret. Was present when body was taken from witer— Saw the-man—hefore;in-m-=| oret in company with defendant, on March 18th. Have seen the young man with them since in jail, Said photoshown him resembled Donegan, FP, M, DAVIDSON, Live ¥ mile east of Amoret. Met defendant, with two other menintwo horse wagon north of Amoret on March 18th. Saw one of the other men taken out of Mulberry creek and the other in Butler jail. L, C, BAKER, Live near Nyhart, defendant and a young man left a team of horses and wagon in my possession on March 20th. Bundle in wagon which he cautioned me not to open. Kept their team till April 7th, when Gid Edwards called for them with an order from the old man, The order was signed by McCain, Paid me $1.00 per day. W. J. BARD, Found an ax in Mulberry creek about 300 yards east of where body was found. Saw the handle sticking out of the water and picked it up. Was horseback, west side of creek, where road crosses, Identified ax in evidedce as the one found, 4, A. PATTERSON, Met Gartrell in Nyhart on March 20th with young man. The old man came back to stove in store, said he was on his way home from the na- tion, was not feeling well and weath- er was bad and he would go homeon train and send back for team R, L. BRADEN, Visited cabin where Donegan was killed it is 44 miles from Mr. Nichols. The road runs north from cabin 2 miles, then neighborhood road turns later. Identified pictures of cabin, THOMAS CLIFFORD, Live in Kansas City. Met defend- ant with Donegan at horse market. Sold Douegan bay and brown horses and set of harness for $130. He paid in $100 bill and 3 tens. Took a roll of money from inside of vest or shirt and took bill off roll. Saw another $100 bill when he paid Mike Ward for wagon. Gartrell and son were both present. Picture in evidence | saw the! } Gave | resembled Donegan. Ne: body of Donegan at Amoret. Donegan bill of sale. Gartrell came backin April and wanted to sellsame team back. Said the man | hadsold the team to, had taken the train and goneon. He had the same bill ofsale | Ihad given Donegan. Said theteam was in Bates county near Butler. JOHN KIRBY. Own herse market in Kansas City. Remembered of Mr. Clifford selling Donegan team, defendant was with Donegan. Dr. Gartrell came back in Apriland wanted to sell team, said his boy had the smallpox. Went with defendant to notary public and drew up an agreement to pay Gid Edwards $10 for going after team and $15 for feed bill 1 sold horses atauction. Turned bundle in wagon over to Messrs. Kenney and Halde- man, detectives. M.-G, EDWARDS, Kansas City, formerly lived in Batescounty. Came to Nyhartafter team. Defendant said there was a camping outfit and offered to camp out en road back to Kansas City to save expense, Defendant seri- ously objected to that. Told him not to open bundle. Delivered team and outfit to Mr. Kirby. J. T. ATRKISON, Dentist of Kansas, an old fri Gartrells. Furnished him with ve ey to live on from Noveuber, 1900, to Mareh, 1901. Mr. KENNEY if Detective on Kanses City ice force. Was present when Gartrell was questioned in “chicf’ thi Opened bundle of clothing belonging to Donegan. Tdentitied the contents asexhibitsin this case. Gart aid hiood on pillow wos from nose bleed BUTLER. MIissoOU RI, THURSDAY, NOVEMBER 28, 1901. caused byfall. Said team and wagon belonged to his son, The man with | them gotscared because son had the him. Was present when he made coufession. The confession was offer- edin testimony, (which is same as was published in the Kansas City pa- pers and re pablished in Tue Tiare at time of arrest.) Mr. Kenney, re: called, said he went to Amoret and saw body taken from creek, Wound was little left of center of head. MIKE WARD, Sold wagon to Donegan. Had a large roll of bills and offered $100 bill in’ payment. Defendant was present. Understood at the time the man’s hame was Donegan, Remem- bered when team was brought back and sold. LEO HESSIG, Merchant at Amoret, Saw defend- ant with his son and Donegan when they passed through Amoret. Done- gan bought meat and tobacco and paid for them, ©. B, ROBBINS, Livery business in Amoret, saw three parties pass through that town whom he afterwards learned were Donegan, Dr. Gartrell and his son Identified body taken from the creek EDWIN E, WILSON, Broker in Kansas City. Said Dr Gartrell, who was an old acquaint ance, asked him to take a bill of sale of team, wagon and camping outfit which he had at Nyhart That he wanted to cut out.bis creditors. C.F, HALDEMAN, Detective in K, ©, police depart- ment, Talked with defendant while he was “detained” but before his ar- rest. Said Burns had been engaged by himas cook and to take care of the camp. Had left them at Em- porla, Kan, and went on south Said they found the bundle of cloth- ing on the side of the road. Was present when Gartrell signed his con- fession. Was detailed to work on this case. 8. K. DON , Ceutral, Hls., farmer. Identified a photograph of his brother, D. B Donegan, who lived at Vietor, Col , wasaminer. (Pieture was offeredin evidence as that of deceased. ) State Rested, Mr. Rhodes Clay, att'y from Mex- ico, Mo., outlined the plan of defense, before the jury, in A clear, lucid state ment. He said the defense would be based on, Ist, sell defense; 2nd insan ity brought on by love continued and excessive use of intoxicating liquors, morphine aud eocain. DR JAMES L GARTRELL, N jhours in giving his testimony. His ' i if | DR. J.L AND WILL GARTWELL. benevolent appearance, strong, but melodious voice, clear accent, exact- ness and thoroughness to detail made him au uncommon and inter: esting witness, but one had to be a listener to fully appreciate the fas- cinating story told by this wonderful criminal. He is a born actor and! Pused all the wiles acquired in his long and varied experience to impress the jury. His appearance and manner indicate e re and refinement, high | forehead, prominent ' eyes, iron gray hair pompadour style, wi jwell kept patriarchical wilis hed back in Defendant. charged with the mur | Donegan — freeze to—death—sao—he—wert—hrele soft brown | ! he dates the beginning of his down- | |fall from the death of his second wiie. | He thea became addicted to the use | of morphine and whisky. If what he} said was true his knowledge of and j acquaintance with public men is sim- | ply wonderful; he was a representa- | tive in the Texas legislature, was | sheriff, collector, probate andcounty judge of his county. Coming down to the history of the crime for which he will pay the penalty with his life, he said he was discussing the Curtis bill, opening up the new Indian coun- try, ina drugstore in Kansas City |when a stranger approached and asked if he was going down to the opening of that country, Said he } wanted to but was not prepared just then. Stranger said bis name was Burns and invited him and his son to go with him through in a wagon and team, that he would: furnish the means and the Gartrells could pay him back their part when they reach- ed that epuntry. He went with Burns to the Dinky horse market and saw him purchase the team, The first day out he oceupied the spring seat with Barns and during the day had a discussion about the late war, in which he expressed sympathy with the south, and also views antago- nistie to catholocism, to all of whieh | Burns took exception, beinga north- ern sympathiter and a catholic, From that time on Burns was un- friendly to defendant and did not treat his with proper consideration. The first night they stopped in a town and Burns took allthe blankets and slept in the livery stable, while he and his son went to a cheap res- taurant and spent their last quarter fora bed. The second night they camped near a corn field and defend: ant and son were compelled to cover themselves with fodder. The third night they reached the log cabin on the banks of the Marias des Cygnes river. Donegan tookallthe blankets and slept on the inside, while defend ant and son slepton the outside, To- wards morning it began to rain and they went on the inside. — It rained all that day and by night the wind had changed to the north and it was sleeting and snowing. Defendant, during the day while gathering and cutting wood, had taken off an old overcoat which Donegan had given them befoye starting. Donegan took it and wouldn't let him have it any- more, After supper Donegan pre- pared his bed on the east side, the only ploce in the cabin where there were no openings. Will Gartrell, who was suffering withsmallpox and had a high fever, was asleep. De- fendant was keeping up the fire, when Donegan ordered him to desist, said he wanted to sleep. When de- fendant asked for the return of the overcoat and the loan of a blanket, eursed him and ordered tetenve-the-eabin—Hewent-ont j and tried to sleep in the wagon but soon became convinced he would again and stirred up the fire, when Donegan raised up, called him a vile name, picked up a wrench and start- ed toward him. Defendant picked up the ax which was setting near the door and as Donegan advanced struck him on the head with it. He fell to the floor. Defendant examined the wound and saw the skull was erushed in and pressing onthe brain, Being a physician he tried to relieve the pressure by inserting his fingers and raising the bone. Donegan di in a few minutes. Hethen woke Will up, who seeing the body exclaimed, “My God, I was afraid of this, know ing your condition,” he then fainted. Defendant then wrapped the body up (as described by previons witness- es who found it) loaded it in the wagon, made a cup of coffee for Will, sat down and waited for daylight and then admitted going over the route as formerly described by wit- nesses for the state, and depositing the body in the creek, where it was discovered. Defendant. claimed to have been without morphine or whisky for two days, and was ina nervous, wretched condition, men- tally and physically. Said he took $260 or $265 out of Donegan’s hip poeket while wrapping up the body. Admitted to appropriating the! money and Donegan’s other proper- | ing over his chest, he had more lappe I uther in Ts sdaysin he ola Oo had spent rod the upbu I vet he stands co stassacsin | | | fe 1 | ton, | army, a plant j Pexas witn $0,000 p fogether er gud stockiman ¢ dad P2000 substan rev times muart { hank account NO. 4. THE LARGEST LINE OF “HOLIDAY GOODS:- Ever brought to Butler is now being placed on display at HILL’S CASH STORE. Grand Opening, Thursday, December Sth. YOU ARE CORDIALLY INVITED. HILLS CASH STORE. East Side Square, os H. bh. Perenar, W.P. Dovane. J.B. Duvann, DUVALL & PERCIVAL, ~ FARM LOANS, Money to Loan on Real Estate at Lowest Rates of Interest tA RAR RRRARARRAAAAA | | Come and get our rates, \ ARERR OED RI rsa PELE SE EE 5 iia amen ae KR, B. HISEY, a liveryman of Mexico, testified to Dr. Gartrell shooting a dog while in) | Butit remained for Colonel Silas a crowd of men in front of his place | W. Dooley, the senior counsel in the of business, Said the Dr. denied any | Case, by the power of his rhetoric, his knowledge of it afterwards. Believed, log’ analysis of the evidence, and him craay at times. his impassioned plea for the life and ROBERT NEWELL liberty of his client, to electrify hear- ‘ : A ; ers, He took up the evidence for the was night policeman in Mexico at aie den rth 4 state and the old inan’s statement time, arrested Dr, Gartrell soon after | bein aohiaad ; 1 Dr. Gartrell soon after step by step, showing wherein they analyzed the evidence and grasped the important in the case vo tig | and he detied ny | harmonized. That) everything the cnowledge of » act. Believed he!) , A x , had crazy oa pe Heleeea State proved by cireumstantial evi- " as dence agreed with his testimony up A.B. CLUSTER, tothe very time of the commission of a Justice of the Peace at) Mexico, theerime. His address was polished, testified to having seen thedefendant , delivered with dignity, and showed assault a gentleman with a large | deep study and careful preparation. cheese knife, without apparent cause | Col, Dooley can have no regrets over or provocation, When asked why | the results of the trial, He leff noth- he committed the assault, he denied {ing undone, which should have been fny knowledge of the occurrence. | done, He did his whole duty, anud— ‘Believed Ie was insane at times ition DR. W. PL GILKINS that, too, without comp Gen. H.C. Clark closed OL HSS Ce etter netitres pert ARIEL _comsplate—viitins on mental diseases, testified to hay the evidenve and a strer ing known Dr. Gavtrell for two years and studied his case. Believed he was irresponsible for his acts and that his condition was caused by ex- cessive use of whiskey, morphine and coeain, That taking the Keeley eure more than once affeeted the mind Drs. Ballard, Lyle and Lockwood, local phy is, testified to the effect of long continued use of intoxicating 4 : liquors, morphine and opium on the showed the unsupported words of the a er ___ old man testifying for his own life. Dr. Lusk testified that he sold Dr, | He discussed the Taw as given by the Gartrell brandy and Will Gartre!) iustructions and in an eloquent and morphine the morning they took the | apippeet ves poy tegen te: jury to ate at Nuhiend is | do its whole duty. : A number of depositions were read | The large audience which attended from parties in Texas testify to the throughout the whole of the trial, defendant’s previous reputation, his | evidenced the interest of our people, financial standing and his queer ac- | #4 it, was apparent: that sympathy tions during the last years of his) ¥@8 With the prosecution. This cul | minated inan unfortunate applause residence there. | Jack Spicer, deputy sheriff and jail- | at the close of the arguments. Judge : Graves was justly indignant and im- er, testified to the defendant's ner- : ra vous condition and bad health when | Mediately ordered the sheriff to lock first received ut the jail. | the doors and bring before hiro all " ! whotook part in the demonstration, INGE RUOTIONS, | but it was so sudden and unexpected His honor, Judge Graves, gave tull, | that the offenders could not be iden- fair and complete instructions, cov- | tified ering every law point raised by both! The jury retired at 10 o'clock and sides during the trial of the cause. shortly aiter s went to bed. In Phrapines, the morning the evide and inst rie Miles 8. Horn, prosecuting attor- | fon were diseus and on the ney, made the opening address tothe | ballot a verdict of; pshowing the defendant guilty of wi ful and dehberate murder aschi in the indictment. The stances from the meeting of the Gar- trellsand Donegan in Kansius City to the finding of “the body of Don in Mulberry Creek and his mor property in defendant's possession showed a strong chain, without a missing link, and against this he eire first wad ee cininaesinamenttere. He reviewed the testimony The defendant appeares . briefly showing the strong chain of | Concerned man present when the v a Oe Toints jcireumstances leading ap to the guilt | diet. which meant ¢: a - aes of the pdait, and diser tend. Hestarted to leave . Pan Menor ee bee T law governing tl soverce nd wh part ab - fin br Crave } called tris att nition ' ta D sim tf made dod wrwumient an Ww ea tin Dw hina on ’ Kt ioe brilliant youre a t\ i wrhey of Mex . Uede uf Speer t that . m2 ' i plysicia iM t ‘ the ‘ revi tl defendan esto i defense ame ‘