NEWSPAPERS: THE STATE HERALD, Holyoke, Phillips, Colorado: 3 Jan 1890, Vol. III - No. 18 http://files.usgwarchives.net/co/phillips/newspapers/sthld1890/90jan03.txt Donated by: Vicki Conklin June 16, 2002 =================================================================================== STATE HERALD, Holyoke, Phillips, Colorado T.D. Tipton, Editor [Became editor between 29 Nov 1889 & 3 Jan 1890] 3 Jan 1890, Friday, Vol. III - No. 18 Page One LOCAL LORE Ad - Whitham & Son have a full line of hardware and tinware. Ad - If you want tin-work done, call on Whitham & Son. Ad - All the best grades of hard and soft coal at the Farmers Lumber Yard. The M.E. Sunday school of this place will elect officers for the ensuing year next Sunday at 9:30, mountain time. "By their voice," says District Attorney Garrigues "ye shall know them referring to the citizens now on trial, as white caps." "Like sleuth hounds, the prosecution follows these defendants, only to cast reproach on their good names and characters," said attorney Donovan in the white cap cases on trial. "Wreaking, snarling, chattering vengeance, and not justice, is the motive and only motive of the prosecution." said attorney Donovan to the white cap jury. There is not one trick in or outside of the law with which Bennett is not as familiar as anyone of you jurors is with the alphabet; said attorney Donovan to the jury in the white cap cases. "Could you hear the midnight rumblings of Bennett, you would hear him murmuring, Lew Witherbee, Lew Witherbee, I am after you; I am after the office you occupy" said attorney Donovan in his opening speech to the jury, in the so-called white cap case. "When District Attorney Garrigues goes from our town on next Sunday morning he will feel that he has been the worst imposed upon man that ever lived; that he has been associating with and aiding in their nefarious works, the worst element in our community," said Mr. Donovan to the jury in the so-called white cap cases on Tuesday last. "McPherson was arrested through malice and malice alone," said attorney Donovan in his opening address to the so-called white cap jury. And is this not true? The State has rested its case and the only mention made of Mr. McPherson's name in all the evidence submitted is that he was in a restaurant that evening, called for oysters, remained perhaps an hour and then left for his room. "Where are the men who sold the caps or made the masks worn by the white cap", asked attorney Donovan in his opening address to the jury; "Why has brother Garrigues not brought them here; you can see gentlemen, that this is not an open, fair and impartial trial. It's to satisfy the craven spirits of defeated politicians that Garrigues lends his help to." Ad - Buy your Groceries from A. Hyatt. Best Goods and Lowest prices. County Treasurer Hoskins passed the holidays at the home of his mother in Nebraska. Ad - C. Varney has now in store the best brands of flour also bran, shorts, chopped feed and baled hay. Dr. C.D. Blair of Stockville, Nebraska is visiting at the residence of his brother, R.R. Blair of this city. Some forty of the citizens of Holyoke dined with the editor of the HERALD on New Year's day. Ad - We buy in Small quantities, therefore Goods are always Fresh; if there is any decline in Prices You get it. - A. Hyatt. Ad - We don't want the EARTH; but will give you Goods at prices Way Down. - A. Hyatt. The HERALD is with the people of Phillips County and it will defend the rights of the humblest citizen as faithfully as those of the greatest nabobs in the land. We are pleased to learn that Mrs. M.Z. Hendrickson, residing some five miles east of Holyoke, who has been confined to her bed for the past two weeks, is fast regaining her health under the skillful care of Dr. Smith. Charles Allen Esq. of Sterling, one of the council for the defendants in the so-called white cap cases now on trial is universally praised by our citizens, for the ability he has displayed in the management of the defendants interests. Attorney P.J. Dempster returned from Republican City; reports everything OK in that vicinity. Perry is well known to the writer and we have no hesitancy in recommending him to our people as honest, trustworthy and able exponent of the law. The following is a list of the last jury empanelled, and now trying the so called white cap cases: S.T. Hibbs, George Gilbert, S.D. Lain, A.C. Hutton, Frank Emmerson, Robert Cummings, Josiah Sherman, Newel Porter, W.R. Ketley, A.T. Guthrie and Thomas H. Brown. The bogus attempts being made to ferret out the parties who took part in the whipping of Messrs. Bennett and Kelsey is costing Phillips County not less than two hundred dollars per day. The cost is a small matter gentlemen, but do tackle the guilty parties and let the innocent alone. Why is it that no effort has been made to ascertain who took Thomas Tillage from his home at midnight, horse-whipped him and then applied a coat of tar to his person? This occurred some two weeks before the whipping of Kelsey and Bennett, and yet the district attorney nor his assistant takes no apparent action in the matter. Honest Uncle Mike Cunningham made this office a pleasant call New Years day, and indulged in an old fashioned talk. Uncle Mike says the only thing that stands in the way of him and the post office is the interference of a little fellow by the name of McCreary and a bull puncher from Greeley to Chicago by the name of Brush. Uncle Mike is an old stager and will be heard from at the proper time. Mike is no dung hill. Why is it that no effort has been made to ascertain who took Thomas Tillage from his home at midnight, horse-whipped him and then applied a coat of tar to his person? This occurred some two weeks before the whipping of Kelsey and Bennett, and yet the district attorney nor his assistant takes no apparent action in the matter. And your plan is to give them h--l, the innocent as well as the guilty, is it? To prejudice the reading public against men who, to put it mildly, are your equals both socially and morally and who would discountenance crime certainly as quickly as you would. And after you have given them h--l, as best you can, and the prosecution have failed completely - as it certainly has - to connect them in any way whatever directly or indirectly, with the whipping of Messrs. Kelsey and Bennett then you gloatingly say, "we don't care a cuss what they say." May God have mercy on you; we pity the narrow contracted brain that will permit malice and prejudice to dictate such a confession. A RETROSPECT On the night of December 7, or early on the following morning, two citizens of Holyoke were taken by masked men, conveyed about two miles from the city and then most cruelly and brutally horsewhipped. The crime was a dastardly one, calling for the extreme punishment of the law. What was done? Was an effort made to bring the guilty to trial? Was not every scheme possible resorted to that the guilty might go free? Yes. And the perpetration of the offense was taken advantage of, and made use of by designing bad men to wreak their vengeance on a number of gentlemen who had opposed them in their political scheming, and overwhelmingly defeated them at the ballot box. The District Attorney says that the wagon and team with which the men were conveyed to the whipping grounds are known to the prosecution. Has the driver been arrested? Has the owner been arrested? Oh, no. The prosecution expects to show where the masks were gotten. Has the man who furnished them been arrested? No, no. It was never the intention to punish the guilty parties, but as we have stated, to take advantage of the crime to wreak vengeance on a few gentlemen who would not affiliate with the political tricksters whose motto is, and has been, "Rule or ruin." In order to cover their tracks and give the color of justice and fairness to the scheme, District Attorney Garrigues was inveigled into the prosecution by these men picturing the certain guilt of this hellish crime on the persons of several of our very best citizens. These gentlemen have been arrested; published to world as outlaws, unworthy of the recognition of their fellow men. Every subterfuge has been resorted to, to bring reproach on the good names of these citizens and to cause them to be prejudged by their neighbors and friends as guilty. These efforts have singularly failed and today the looks and actions of the district attorney tell too plainly that he is awakening to the fact that he has been most cruelly imposed upon, and we might add, by men who would disgrace the garb of a penitentiary convict, but who, if justice was meted out to them, would shortly don the uniform of such a reformatory. District Attorney Garrigues has been well and favorably known to the editor of the HERALD for the past ten years; he is a conscientious, law-abiding gentleman and we have no hesitation in saying that had the true facts been presented to him, instead of the gentlemen now on trial, the guilty parties would stand before the court to answer for their hellish crime. SCHOOL REPORT Total Enrollment Primary 53 Intermediate 52 Grammar 31 PRAIRIE DALE What a cold our fine weather caught. It rained, it snowed, and it "blowed" all in one night. Miss Maud Haley has been quite sick with the scarlet rash, but is better now. Miss Noah Vaught and Delroy Scull, and Walter Griswold are sick with the scarlet rash. Our Christmas tree was a grand success. Everybody received a present and had a good time. W.A.P. Scull acted as old Santa and made a good one. Mr. and Mrs. Elroy Broughton gave a Christmas dinner at their residence. The table was bountifully spread with roast duck and a fat chicken pie, and fruit and many other good things to make such a table attractive and palatable. Among the guests were Mr. and Mrs. Scull and family, Mr. and Mrs. D. Lazarus and Ed Finch. We all ate to the utmost of our capacity and must say that Mr. and Mrs. B. understand entertaining company in the finest style. At our literary last Friday evening the question, Resolved that woman has more influence over man than money, was decided in favor of the negative. Mr. and Mrs. Frank gave a Christmas dinner at which they entertained about thirty guests. --WOODLE WHITE CAP TRIAL! Herzig Turns States Evidence. W.D. Kelsey Testifies. The Herald's Special Stenographer Takes The Testimony. W.D. Kelsey was sworn and testified as follows: I am 44 years old; am married; reside in West Holyoke; family consists of wife, and little girl 3 years old. My occupation is that of an attorney, practiced law since November 24, 1879, admitted to the bar in Iowa. Am acquainted with defendants on trial; Lewis C. Witherbee is sheriff of this county. The brothers conduct a meat market here, Charles E. McPherson is county clerk, A.A. Spahr is his deputy, and Ed Sparks goes back and forth to McPherson's home, do not know whether in his employment or not. I was in this room on the evening of December 7, Saturday, left here about 11 p.m., went with others from court with Brannon, Dempster, Mr. Temple, Judge Glynn to Pat Walsh's saloon. The street on which Walsh's saloon is located runs north and south; saloon is on east side of the street. When we first went in the saloon Temple went out for a lunch. We all took beer, and partook of the lunch. Brannon, Temple and myself remained after lunch was eaten. I left the saloon between 12:15 and 12:25 a.m.; the time was spent in quiet conversation. McPherson, Herzig, Lew Witherbee and I think Spahr, came in; saw Lewis Witherbee and Herzig pass one or two words in there about 20 minutes of 12 o'clock; Brannon left the saloon with me. Cannot be positive whether Herzig was in saloon or not when I left the saloon; never seen him afterwards. I know Mr. Brannon looked at his watch as we left the saloon, and stated 12:15 or 12:25 o'clock fast time; went to my office from the saloon; next to Mr. Brannon's house, there we talked and he went in the house and I started home. I approached within 15 or 20 rods of railroad and from seventy to eighty feet of the Frenchman, there is piles of manure there. I came to parallel roads there, at that point I was walking along thinking. I heard a noise, looked up and saw a lot of men coming toward me. When they got within fifteen feet, coming in the form of a half circle, the man in or near the center said: "Hold up your hands." I answered: "Hell, I hold up nothing." When within five feet the same man said: "Hold up your hands," I said: "Young man, you can't scare me." The left wing had gotten around me, one man put something over my head, one caught me by the wrist and another here, by the arm. They put me into the wagon and carried me south and east about one one-half miles, about eighty rods east of Witherbee's slaughter house. There were six or seven men in the party. It was a bright moon light night, could see a long distance; the men were dressed in ordinary costume, with masks or domino's over their faces. Cannot say whether they had hats on or not, was blindfolded in a few seconds after I was ordered to hold up my hands. It was about one and one-half hours from time I was captured until I was released. A blanket was thrown over me while I was in the wagon; made no resistance. I gave them to understand I could get in the wagon, I did climb in. Nothing was said other than throw up your hands. I recognized the voice the second time and I know it was the voice of Lewis Witherbee. I was not blindfolded when he spoke. I am familiar with his voice and say positively it was he who said: "Throw up your hands." They drove on a trot going out from town, nothing was said on the road out; two men held me down. When we got out there I stepped over the wagon side and they assisted me down and then pressed me down on my knees. The team turned and started, I think toward Holyoke. The wagon was gone near three-quarters of an hour when another came. Two men held me down by the wrists. Nothing was said during this time. I have been precinct committeeman for this precinct of the democratic party. Was chairman of the democratic convention. (Prosecuting attorney here gave notice that he should call Herzig as witness.) After arriving on ground where the whipping was done, the team left and was gone some three-quarters of an hour and when it came back I heard it quite a distance, the end-gate was loose. When it came back it stopped, I cannot say how close as the blanket was down over my head. The first thing I heard sounded like that (clapping hands.) The wagon on its coming back passed close by me and passed some ten or fifteen feet beyond me. I then heard a scuffling noise, the noise as I heard it was just as I described (here he clapped) immediately after that was the exclamation like Oh! the next I heard was "Oh God!" like a man in great pain. I used the word whipping because I heard the strokes as I have described. The time of the whipping did not seem long, it seemed short. The last exclamation I heard very faint. The scuffling sound I heard just after the whipping was like a groan or sob from a man in great bodily pain. The scuffling I thought came toward me. I heard some one talking to the right and south; immediately afterward they came up to me. I was pulled down on my face when the wagon came. As quick as I heard the scuffling they came to me, one caught my coat and jerked it off; they pulled my vest over my head. My pants they caught and tore off and my shirt was pulled upon my shoulders and the under shirt torn. I was caught by my arms and ankle, hardly touching the ground while being whipped. The man who struck the first blow stood on the right side, the next blow came from the left. My back was bare; I do not know as to length of time of whipping; four men held me my arms and legs; the handkerchief was over my eyes at the time. I said nothing at first; before they got through I said; "Boys, I am an old soldier and don't know what you have against me." The whipping was severe punishment; blows from left hand did not pain me like those from the right. After the whipping they threw my coat over my back and tumbled my vest on one arm. I felt the watch in my pocket on my shoulder; then they started off; the men who held me left first; those who whipped me went last; when away about 20 feet one said: "You sons-of-bitches, we give you 24 hours to leave the county." The man who said this first I know was Lew Witherbee, the voice that spoke second I believe was Swan Clint Nelson; have been with him and known him for a number of years; have heard his voice frequently. The voice was disguised; sounded in guttural tone. After the men left I untied the handkerchief from around my eyes; it is the one I took from around my eyes; (Handkerchief here produced in evidence.) I have seen Lew Witherbee with a handkerchief of that kind and color; he wore it around his neck. I went home after the whipping, arrived there about 10 minutes past 2 a.m.; the team went toward the road leading to stand pipe; my wife and baby were home when I got there. My wife got up when I got to the kitchen door. (Here witness exhibited to the jury marks on his body.). My wife seen me in the morning; my undershirt was all bloody; my flesh was cut on left side by every blow and they bled considerably. Gus Temple and Mr. Diedle called at my house afterward. I told Temple one hour after I got home I was all right. I had talked with my wife and had concluded to keep quiet, first, that I might find out who the other parties were, and secondly I did not want my people to hear about the whipping. I was taken sick in about twenty minutes after I got home; was sick at my stomach. My wife applied arnica and also bathed my wounds. Seen a physician next morning; think as near as can tell received seven or eight lashes from each one, that is from 14 to 16 lashes all told. CROSS EXAMINATION Gus Temple called at my house that morning; came to the door facing east, but did not come in. Got up, recognized his voice as quick as I heard it; was sitting on the bed; I opened the door; I stood about three or four feet back from the door and he stood on the porch. From the ground to where I was sitting in the bedroom was about thirteen feet. I told him I was all right. Had only met Lew Witherbee a few times before he became sheriff. Have been well acquainted with him since that time. The deputy discharged most of the duty while Judge Painter was on the bench and the sheriff has performed but little duty since Judge Glynn came on the bench. Witherbee has been less frequent in the court room than Nelson, his deputy. Have met Witherbee frequently outside; have heard him open court; the tone of his voice is not a chest tone, but from the throat; cannot say that I have heard him open court 12 times; have been with him three days at one time. (Here witness tied the handkerchief over his face as it was when he was whipped.) I cannot tell whether that handkerchief was put on me when arrested or afterward; I did not intend to say in the direct examination that a blanket was thrown over my head; I did not intend to say blanket. I know after I started in the wagon that handkerchief was never taken from my eyes. Cannot tell for a certainty whether the blanket was ever put over my head. I did not say I got into the wagon myself; they raised me and after I got in the wagon they pushed me down; when taken from the wagon was crowded down on my knees; at that time the blanket was over my head; in getting out of the wagon the blanket was not disturbed; was then pulled down on my face and something else thrown over me; did not say in former examination what it was that was thrown on top of the blanket; was covered up while hearing the whipping and the exclamation following the licks, "Oh, God!" Thought at the time that the man being whipped was Gus Temple; thought so from the exclamation, "Oh, God!" Was mistaken; have had more to do with Bennett than with Lew Witherbee. Bennett's voice is more of a chest tone than Witherbee's. The tone of Bennett's voice does not vary much; have practiced law with Bennett as opponent in nearly all cases for one year past; had an argument with him in court the night of the whipping, also the day previous; having been with him in an argument less that three hours before the whipping. I must confess that I was mistaken in his voice. I heard Temple's wagon as it came to my house, and recognized his voice in an instant. Met Herzig in Walsh's saloon about 11:30 the night of the whipping; either Brannon or myself invited Herzig to drink and he drank with us. I saw McPherson there and conversed with him, not at the bar, but over near the ice chest, don't know how we got over by the ice box. Herzig, Temple, Lou Witherbee, Brannon, Madden and McPherson were in there; did not call McPherson back of the ice chest; don't remember the substance of the conversation; it was about his contest; it was friendly. Ben Marvin came in while we were there. Don't remember who went in or out. Seen Lou Witherbee in there, Said I "here is the man himself, say it to his face." Herzig, Brannon and I were talking about Herzig having worked for Witherbee in the late campaign. ‘Twas 15 to 25 minutes after 12 when I left the saloon; had taken three drinks of beer there: was in Lewis' saloon before supper; got supper that night at Aaron's. Have known Clint Nelson since; knew him in Phelps County, near Bertrand in the winter of 1884; Nelson left there immediately after the railroad went through here in 1887; used to meet him frequently in Phelps County, at post office; did some business for him there; I say I believe it was his voice I heard that night changed; the voice I heard that night had the Swede accent but thought it was disguised. Thought that the men who would treat a man as they treated me there would do anything. I was thunder struck when the men first came up to me. I do not know why I did not say Lew Witherbee instead of "Young man." I thought old man Tillage who had been whipped out here, did not say anything. I was watching Lew Witherbee closely, because he held in his hand what I took to be a revolver and I looked every minute for a bullet to hit me; having been held up many times by sentinels in the army. Either kept quiet or sneaked away, or call the corporal to take me in. Was held up once in Kansas City; did not know the party. Cannot tell how many men there is in this town I could tell by their voice; think I would know Lew Witherbee by his voice in the night time. Am better acquainted with Bennett and have been with him oftener than I have with the Witherbee brothers. The blanket was over me when I was in the wagon; cannot say when it was put on me; cannot say whether the handkerchief or blanket was put on me first; did not start home as soon as whipped; got up and untied the handkerchief; looked around and then started home. In former examination I said the first object I saw was the wagon, and beyond it the stand pipe, then I knew about where I was. Knew while in the wagon I was going south, but cannot tell how I knew it; when pulled down, was pulled down to the east; was whipped on common buffalo grass; my body was held up by my arms and legs from the ground. When they got through the man on my right side threw my coat and vest over me. With my right hand I untied the bandage from my eyes. My feet was to the southwest and head to the northeast. As I got the handkerchief from my eyes I looked and seen the wagon with the men in it; do not know how many men were in it. Don't know the kind of wagon or what kind of team it was. Did not see Bennett there. Did not make any inquiry of Temple as to who the other party was; he said Bennett was almost whipped to death. The first time I seen Bennett after we left the court room here was the day after the whipping in his office in bed. My gaze was directed to Lew Witherbee. I kept my eye on his mask as he approached me the first time. Did not remove my hands from my pockets either time. I stopped when first ordered to halt. He walked up within five feet and gave the order the second time and then the blanket was thrown over my head. I told them either getting in or out, I believe in getting out that "I will get out myself" Never stated on any examination in this court that I said anything else to those men. Next morning Brannon, Bevard, Temple and myself went in the saloon and took a drink; Diedle is one of the men who went in with us; did not see Lew Witherbee in there; have not talked to him since; did not see him in Bennett's office seen him in your office and some distance from me on the street that day. Did not see Dr. Smith that morning; seen him before noon; he examined my wounds in Bennett's office; do not know who was there at the time; Witherbee might have been there and I not know it; did not say to Justice Moore or Bevard that I did not know who the men were who whipped me; intimated I knew who one of the parties was to Mr. Bevard; but did not call any name; said I was pretty sure I knew one of them; the first conversation I had with Bennett was at the first time I went to his office after the whipping; it was near noon. I first got an expression from him as to Page Four SIX FORTY-FOUR Home for the holidays - Ed Reynolds, Harry Lee and R.M. Zoll from Nebraska, and Sam Reynolds from Denver. A slight mistake in regard the quarterly meeting. Preaching the evening of the 6th and at half past ten and also on the evening of the 7th. A Mr. Aikin will lecture at our school house the evening of the 15th. Subjects, Women's Relief, Temperance and National Abuses. Christmas eve was enjoyed by a goodly number at our school house. Quite a good literary entertainment, after which presents and a free treat were distributed. Fred Borland personified Santa Clause admirably. -- PRUDENCE FAIRFIELD CLIPPINGS Sigfred Anderson spent the holidays in Denver. Ed Wilson is erecting a soddy on section 34-9-46. Mrs. H.C. Boggs was on the sick list the fore part of last week. Mr. and Mrs. J.W. Auten were visiting Joshua Stone one day last week. Bert Riffenberg is working for O. Trego now. There has been quite a scarcity of water in these parts this week. -- ONCE-IN-A-WHILE BEACHVILLE ITEMS 1890, if you please. Frank Saylor left for Hall County, Nebraska last Monday, to spend the winter....... Mrs. John Hageman is on the sick list this week. Ike Saylor was in Julesburg last Monday. School closed in the Pleasant.... ll school district last Friday, after a term of four months under the ......... Miss Sophie Peter. The writer took........ with Frank Burkhalter last Sunday who had just been kindly remembered by relatives in Ohio. We got a glimpse, a taste of some of the good things sent to him which reminded us of the land of. our childhood. Mr. and Mrs. Mowry and children, John Nelson, Mary Nelson and Frank Burkhalter were the guests of Mrs. Peter and family Christmas. The relatives and a few friends of George Trego spent a pleasant evening at his home last Christmas evening. Music and a social time so sped the happy hours along. Each one regretting that Christmas did not come oftener. The Swedish friends of Rev. George Norseen spent a merry Christmas at his residence. -- OLD MISERY WHITE CAP TRIAL Continued From First Page. what he thought and then I said, "That is the man." I said the same thing to Brannon and my wife; did not walk into Bennett's office and say I know the man. Bennett told me who it was and I said that is the man. He said I know one of them was Lew Witherbee. For a good many reasons I kept still while Bennett expressed himself, I did not say to Mr. McPherson between this corner and Clark's that if I was sure Lew Witherbee was one of the men I would kill him. I said to Mr. McPherson I know one of them and if I knew the others they would never hold up another man. Do not remember seeing Nelson in Bennett's office. Seen Nelson in Bennett's room, but had no conversation with him. Left out Nelson in preliminary examination in first case against Lew Witherbee because the question was not asked me; I was loath to believe him guilty then and am still. Told Brannon about the whipping early in the morning and in front of the post office; told him Lew Witherbee was one of the men. Did not see the features of any of the men that night, nor did I notice their clothing. Something in the hand of the man who held me, thought it was a gun. My mind was on the gun and the mask the man wore; did not know him by his form. Did not recognize his voice the first time I was ordered to throw up my hands; there was not much difference in the tone of the first and second command, "Hold up your hands." Recognized his voice on second command. Was not so much startled the first time as I was the second. After the second time thought there was going to be trouble; thought of Tillage, the political contest and the bodily harm about to be done me; the contest of Mr. Temple against Mr. Witherbee flashed through my mind. When I recognized Witherbee's voice I thought of the contest. I heard the voice of Temple, as I thought, plainly and thought so until he called at my door, then I was satisfied I was mistaken in the voice of Temple. When I heard the voice of Witherbee there was nothing over my head; was as calm as a man could be under the circumstances; I was pondering in my mind while on the ground who these men were; I could hear the breathing of the men beside me; they had hold of my hands; could hear the breathing; could tell it was the breathing of a grown person. Going home a great many things revolved through my mind; was thinking who the parties were other than the one I knew and also how to get even, or get revenge, if you please. The volume of tone of command when first ordered to hold up was in an ordinary tone. I can give no other reason how I recognized Lew Witherbee except by his voice. I will not swear positively that the man who held me up was Lew Witherbee. There might have been another such voice in the world as that of Lew Witherbee. I may be mistaken; I could not see his face; there might be a chance that I am mistaken. I am not going to swear to anything I am not sure of. REDIRECT EXAMINATION I was attorney for Temple in contest. Brannon was deputy district attorney; I consulted him as such; he was I knew a friend of mine. I knew nothing of this case until the papers were filed. Hugh Mickey was then placed on the stand and testified as follows: Live in Holyoke am bartender for Sullivan; know Ed Sparks; remember hearing of the whipping on the Sunday following the whipping. Saw Sparks in my place of business between 11 and 12 o'clock; he wanted to borrow my coat. I told him to take my coat and bring it back next day. He did not say what he wanted with the coat; said he was going in the country and would have it back next day. I loaned him the coat and here it is. Mr. Bennett has a coat like it and I think a man sitting there has one like it. Sparks took the coat. I would not swear to the time. CROSS EXAMINATION Have had more or less talk with Brannon and the district attorney. The coat was taken to Bennett's office. Bennett borrowed it and had it a couple of days; was not in the saloon when Sparks returned the coat. I had told Bennett before he borrowed the coat that I loaded it to Sparks on the night of the whipping. I asked McPherson to have Ed bring my coat back. McPherson said he was looking for Ed to bring his team in and would tell him. Loaned Bennett my overcoat on the Sunday after the whipping; he told me he thought it was the coat thrown over his head during the whipping; Mullen and Morrow were present when Ed borrowed the coat; nothing strange noticed by Ed borrowing the coat; Ed did not bring the coat back until Monday; the coat came from Bennett's office and he afterwards came and borrowed it again. Oswald Herzig testifies: Am thirty-four years old; was born in Germany; have been in this country nine years the 17th of next August; am married and have five children; am school director in district 79, also district treasurer; am a farmer and well digger; heard about the whipping of Kelsey and Bennett on Saturday, December 7, or Sunday morning, December 8; had been working for Cyrus Haines that Saturday; Know Lew Witherbee and electioneered for him in the late campaign; know Lee Witherbee, A.A. Spahr and Swan Cling Nelson; came from my work on horseback; left my work after 3 o'clock; seen Nelson before dark. Mr. Patman told me that an engineer from the railroad wanted to see me. Patman introduced me to Nelson about 5 o'clock on the east side of Tinkel's bank. Mr. Tinkel told me Lew Witherbee wanted to see me; met Witherbee afterward and he said he wanted to see me about the school I answered that Harry Moore had the school; left Nelson and walked across the street with Witherbee and he asked me how I stood with Kelsey; my answer was that Kelsey was my attorney; he said he was going to tell me something if I could keep my mouth shut; he said Kelsey, Bennett, Brannon and Dempster were to be taken out and whipped tonight; said: "The first son-of-a-b---- who gives this away will be hung up to a telegraph pole; said be at Clark's store at 11 o'clock p.m. to change clothes; said the yard master had pushed some cars where we will meet; said Ben Hoskins, Gus Scheunemann, George Payne and some others would be there; Witherbee said to put my horse in his stable; did not see him again until I went to supper at the "niggers;" seen Lew Witherbee at supper, he looked at me and I looked at him. I said aint you Mr. Witherbee? went to stable to put my horse in, the stable was full; a big black team was there harnessed, also three ponies; a wagon was outside; noticed under the wagon seat a big fur overcoat; tied my horse to the wagon and went in the shop and told Lew I could not get my horse in the barn as it was full; he said the team was to take the men out and when it went I could put my horse in; Deputy Sheriff Nelson was there. He talked low to Witherbee; did not see him again until 11 o'clock in Walsh's saloon. Kelsey, Brannon and others were there fooling with me about the campaign; Lew Witherbee came in and I asked him if he had said he paid me five dollars a day in the campaign; he answered no, pushed me on the foot and looked toward the door; Witherbee went out and so did I went around the corner to the door in the middle of Clark's store building; knocked on the door and Gus Scheunemann let me in; Lew Witherbee was there picking out caps; he wanted caps that would cover the ears. Scheunemann showed him some caps at $1 each; Witherbee said he did not care for the price, the boss said they could have them; a brown cloth was given me, some kind of a brown lining; I borrowed Scheunemann's knife and cut eye holes; just then someone knocked and Ben Hoskins said good evening; he looked wild and said to Gus I wanted to see you down there after a while; I went out with him; went to the meat market owned by Witherbee; took the cap under my coat; the last I seen of the cap was when I gave it to district attorney; that is the cap. Gus Scheunemann told me to turn the cap around and cut eye holes in the cap; in Witherbee's was Lou and Lee, the deputy sheriff and while I was there Spahr came in and went out again; someone asked me if I had a revolver; said yes but could not cock it; Lou Witherbee was sitting behind the counter; he had some white cloth and was cutting holes in it with scissors; he said we would all meet down at depot where the yardmaster had pushed the cars, went back to the saloon and Kelsey set up the drinks and I wanted him to go across the street and take a drink; Brannon and Kelsey went out; after they had gone I went across the street and met S.K. Cheadle, he said go on out there they are all waiting for Kelsey; Cheadle and I went in the saloon and took a drink; went out and left Cheadle there and went toward West Holyoke on the street where they were going to catch Kelsey; seen the men near the cross roads; when I got close enough to hear, one of them said that is Herzig; he said hold on, a team will soon come and we will get in the wagon; soon a team came; big black mules; we jumped in the wagon and drove a little ways and met three men on the road one was Kelsey; Kelsey said don't boys, I can't see, they must have hurt him; he had a shawl or handkerchief over his eyes; they threw a blanket over him in the wagon; they put Kelsey in the wagon on the left side on his knees with blanket over him; I asked what they were going to do now and one said we are going back after Bennett; the team drove through here to the south side and corner of Varneys barn toward the back part of Sawyer house; seen several men near depot; Scheunemann was one; I told him they had gone for Bennett; Antelope Bill came from the north and said someone was crying murder and they had him in a wagon. Antelope Bill left. Continued next week. =================================================== Contributed for use by the USGenWeb Archive Project (http://www.usgenweb.org) and by the COGenWeb Archive Project USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access.