Fullhart Murder Trial. m. OXLKY ON TIHAL FOR HIS LIFE The Cn o Ably Prosecuted by County Attorney Klrkpulrlck , C. II. Jlol- tomb ami J S. Klikpatrk'k , and Defense Conducted by Wall and Dean. Tim case of the murder of W. JI. Fullhart , who WAS found dead 18 miles north west of Ausolmo , on the 24 of lust November , was oom- menoed Monday withe Judge II. M. Sullivun on thu bench. All day Monday and until 10 o'clock Tuca- day won oooipiod in scouring a jury. The regular panel was exhausted on the first day and talcHtnon had to be celled to iill up the jury. Judge Wall , for the defense , objected to the sheriff summoning the talesmen and the court appointed E. Taylor , ox deputy under Sheriff Leisure to servo as special deputy for that pur pose. Thu following is a list of the jury finally chosen : G. T. Rob inson , Broken Bow ; Godfrey Nan. HelCaliaway ; II. Wilko , West Union ; Jas. May , Callaway ; T. D. Gill , Genet ; Quo Cox , W , P. True , Georgetown ; J. L. King , liyiio ; Jason Evans , Sargent ; W.H. Mauk , Borwyu ; S. P. Young , Louiax ; JUH. Cosner , Broken Bow ; It IH stated that there are CO wit nesses for the state and 48 for the defendant , making a total of 108 witnesses to examine before the case can go to the jury , it will probably - ably take the entire week. Among the witnesses for the do. fondont aru : Everett Oxloy , fatUer of the defendant and two brothers , George and Emmy of Chambers and A. L. Spearman of Louisville and George Kiugo of Springfield Neb. A half brother of Fullhart , J. B. Shidler , of Cuba , Kansas , arrived Tuesday morning , and he expectn his brother toduy , who bus been detained at homo up to the present by sickness. Thu witnesses on both sides wore excluded from tle court room dur ing the trial by order of the court The first witness called was Wesley Riohardeon , who after being sworn testified substantially as follows. Have resided 13 miles west of Anselino since Nov. 10 ; moved on Nov. 10th from 11 miles north of Broken Bow ; have a familyconsist ing of a wife and one ohildinovod ; to Great & Sloggott's ranch , 13 miles northwest of Ansoliuo. Will Great was living at the ranch at thu time ; lie has a family , consisting of wife and four children. I took his place , Reached there Friday , Nov. 10th , at 10 o'clock a. rn. On Saturday , the 17th of November , worked around the house with Mr. Great ; Sunday , thu 18th , was at home all day. Weather on Sunday cold ; snowed Sunday evening. Monday , the 10th , worked about the place ; Mr. Great and I were at homo all day ; Tues day , chorod about the place ; Wednesday nosday , took t'unoo down north ot house ; Thuisday rolled up wire ; Great and I worked together. Fri day I wont to Ansolmo , and Mr. Great stretched wire ; Saturday wont to Mr. Murphy's ; live mile : northwest of Groat'a ranch. I left at 8 o'clock ; Great went with mo ; wo wont to tell him about eome cattle which wo had taken ap ; wo went from there to Fullhart's place four miles from Great ranch. When wo got to the Fullhart place , we wont to the door and knocked , bu received no answer ; wont north to the tank ; saw four head of horses and a colt there ; ground covered with sleet and snow. Examined for tiaoks around the house , and found nothing but horse tracks. Dee fastened on outiido with rope on nail ; unfastened door and went into house ; found ho was not there Wont duo east from house , 9 long line of fonoe , along Hide of road thought we might find him eve there. First saw sled with wire on it , and Mr , Fullhart's dog ; got uj : oven with the sled , and found Mr Fuilhnrt's body , with brad Iving to tbo southeast , on right side of faou was 0 or seven feit northeast o aled. Three rolls of wire were on sloJ. Wire was stretched on the fence within about two rods of hi body ; two wires were stretched on tbo fence ; posts all set half mil west of his body ; no wire strctchd west of body ; keg of nails just eas of him , where ho finished stretching wire. It was throe-fourths of milo east of Fullhart's houseuitoho to the sled with rope and singl tree ; sled facing east ; body clothe with throe pair of pants , undershirt two outaido shirts , vest , coat , wit' blanket over his shoulders. Th blanket wan folded and drawn eve bis shoulder , and tied in front wit string ; blanket balf way over hi bend ; cap 0 feet southwest of him Wounds on right back nido of hea and loft ear. Faoo and head oov . .ered with blood , also ground whor head lay , for quite a space ; in ted quite a lot of blood. Mr. " " \wttB with me. We di4 no body nor touch it' 'Full pair of felt boots and "jn bis foot ; overikoos well worn out. Wo looked for evidence of a struggle , but found no trucks at all , cxou pt his little dog's trauka. Great and 1 wont homo , got our dinners , and I wont back and staid with the body ; got back to the body about half past two ; staid until sundown. It was in the Hatne condition as when wo found it. J went homo to supper ; Great , ( Jharloy Street and another man oaruu and staid while I was gone. G. S , Bail * , Filley , Willie Mar. tin were there when I got back at 0:30 ; we all staid through the night. The sheriff and county attorney came between 9 and 10 o'clock that night. The next thing done with the body was the next morning , when the sheriff examined it a no moved it. Thu body was frozen stiff , pud had a very bad smell. I did not go to Ausolmo when the body was taken ; was at the inquest. Charley Street hauled the body to Annolmo. 1 moved to tbo Great ranch Friday , Nov. 16th. About a week after I wont to Groat's place , a person came looking up some laud ; his name was Barnes ; ho Hrovo out from Ansolmo with Kirk Eldredge's boy. It was on Thursday after 1 got there ; Thursday before wo found the body. Barnes went to HOC a piece ot laud between Groat's and Fullhart's ; Great went with him ; Great wont on horseback ; man and driver went in buggy. Grout loft tbo ranch and wont to Fullhart's on day that I moved in. Do not know which direction he went ; was not there wben he left , or when ho oamo back. Cross-examined : Moved into house with Groat. Great staid there two weeks , or a little longer , after I moved. I leased the place. I have an interest , I am not related I refer to Mr. Groat. Owners are Will Great and Jim Slogaett. I am not related to either ; they are not related ; I lived oil Hloggett's place before 1 moved ; wont to Mur phy's to notify him that Great had some of his cattle : written notice was given. I think Mr. Great had had them taken up two or throe days when we gave tbo notice. They were taken up on the Friday before we found Mr. Fullhart'a body , on the 23d. I was not presort , but was living on the ranch ; was not present whtm Fullhart's horses were taken up for running on the hay ; there were thirteen Horses. I was ot present. Great did not take a written notice to Mr. Fullhart ; do ot know why he did not ; ho gave Murphy a written notice. Ho wont on northeast from Murphy's to Full , hart's , three aud one-half miles ; he oft homo at 8 o'clock ; got to Mur phy's about 0 o'clock ; did not stay over five minutes. When we got to Fullhart'e ranch , wo knocked at the door ; we were on horseback ; Great rapped on'door ; I was on my horse , two rods away , in plain sight ; could not see the fastening on door , on account of well ; saw slate on door ; small alato about 8x10 ; did not no tice the slate tbo first time I was there ; Mr. Great did not stay at door more than about ono minute. Great said I guess ho is not there. saw Great look at the slate ; saw him road it ; it was right by him ; it was the second tima we were at the door ; wo went to within three or four yards of the tank ; wont to tank to see if Fullhart was tharo. Wo talked about nothing iu going to tank ; went immediately baok to house ; we talked on our road baok to the houeo ; wont into the house ; tied horses about one and one-half rods from door , in front of house ; went into the house ; road on the elate ; both rend at the aamo time ; went into the house. The door waa fastened with a rope wrapped around a nail. Great went iu firat ; there were two rooms in the house. Wo went in both rooms ; when we looked into second room wo want out. A kind of a bad in the room ; looked to see if Fullhart was in there ; an old door ou the northwest ; do not know whether it was used. The fastening could not have been made by a man on the inside ; ex atninud bed enough to know whether anybody was in thero. Qunstion ; Did you not state in the preliminary that Great looked , and you just called for him ? Ob- looted to , and objection sustained. Were in the bouse two or three minutes ; wont out together ; think Mr. Great abut the door ; fastened it with the rope about the same as we fouud it ; went east. It was ou our way home , and thought wo might find Mr. Fullhart , and because ot tbo writing on the slate , llavo soon the slate at the inquest ; ( slate exhibited ) witness identified the slate as the one he saw on Fullhart's door , The writing the same as when I saw it on the door , oxoept the lower part of tbo writing. Wit- nose , read the words that were ou the slate when he first saw it. "Wo are straight east , ono milo along the posts " We went about three-fourths of a mile cant ; first thing we saw was the sled with wire on it , and Mr. Fullhart'a dog. I I did not mean to say the face was entirely covered with blood ; what I meant was tout there waa blood on his face , in his hair , on right nido efface face , also run down on loft side efface face , alongside of nose. Did not feel of the body at all , at any time. Could tell it was frozen stiff by looking at it ; all I know about it being stiff or frozen was by looking at it. The snow or sleet began to fall on Friday night , a week before Mr. Fullhart's body was found. It was first a heavy frost , everything covered white. Garments were not as clean as mon usually wear. Tbo name of the land agent I think is Barnes ; think ho was from Kansas ; Imvu not seen him since. He wont west between our place and Full- hart's , to look at a piece of land ; did not go with him , and could not see him on his road for more than one-fourth of aluilo. Great went away from the place on the 10th 'of November. I was not there ; he told mo ho wont away. Great told me ho wont to Fullhart's after bin dog. This was Friday , the 16th of November. Redirect : Fullhart's horses had been there at the G ranch off and on all week ; the sheriff opened the clothes of Fullharl ; saw thu body when examined , a few blue spots on the body , on the stomache , on the righ' side , quito a loud scent from the body ; noticed it before the body was moved ; could detect it 5 or 0 ft. away before the body was movedwas ; more pronounced after the sheriff opened his clothing ; I took him by the arm and turned him over ; the body was stiff , from my judgment thought it waa mostly frozen. Rocross examined : The odor was from the body and not the clothing ; do not doubt but the clothing would smell a little bit , First I knew Mr. Fullhart's horses was in Sept some time , I was up then at work ; Fulluart was not there with the horses ; Fullhart did not toll me that thry were his horses ; saw 13 horses of Fullhart's second time I was there , all I know about thorn being Fullhart'u horses is from hearsay. If tbo party that told me they wore Fulthart's did not know I was misled. The dog was a litlo black one , it was email , I saw the tracks ot the dog around Fullhart's body , but did not see them around the bouso. Court's question : Did it snow on Friday night ? No sir , the sleet and snow fell Sunday night , ex cused. Chna. Street sworn. Live about 10 miles north went of Ansolmo ; had known Fullhart about 8 years , was on my place the daytho Full- lart body was found , Great came on that day ; I drove my team to Wm. Hough's aud put it up there. lie hitoliud up to his spring wagon , we went around by Groat's place , wont to the body with Great and Hough ; the head of the body slightly down hill , sled facing east-J ; miles east of house , body had a great amount of clothing on , 2 or 3 shirts 2 pair of pants one overhauls a shawl i over shoulders , folded in four i thiaknesses ; badly bruised around the head , face lying on side was there from 3 p m. to U a. m. the next day. Peter Filloy , John Bales , Hugh MoDermont , Ira Fos ter county attorney and sheriff cainu while I waa there ; I took the body to Aniolmo and deposited in a buil ing tboro. Croat examined : Lived iu county since ' 83 , lived near Broken Bow part of the time , relatives live near there now ; Fullhart's house north of west of my place. Gloat's resi dence is 2 $ miles from my place ; Great told me firat of the death of Fullhart , do not remember the date exaotly ; it was on Saturday before thu body was moved to Anselmo ; no ono waa with me when he told me , I was in the fluid gathering corn between 1 and 2 o'clock ; I told him I would get Mr. Hough while he went to Mr. Johnson's ; I went in Hough's spring wagon , Hough resi- doe about 4 miles from Fullhait's ; I did not eon the body examained , I hauled the body to Anselmo , no one was with me ; I did not see the clothing taken from the body ; 3 overalls , 2 shirts , under shirt , coat aud shawl over the shoulders aud head 4 thicknesses ; did not observe any oder about the clothing or body. I helped load him m the wagon ; did not help carry the body iu the bui'ding ' ; waa not in the room until body was prepared for burial ; ob served no oder. The loom was 40 or 60 feet long ; I was 4 or & feet from the body , paaaod in and out and looked at the body ; quite a crowd was thero. I flaw the body first time on Saturday ; last time saw the body waa on Monday at the in queaf Redirect : Blanket over tba body when iu the wagon until j got to my place wben I put a heavy duck wagon sheet over it. Tha body was about the centre of the room when placed for the public to view it. Excused. John Bales sworn : Live 4 miloa west of Auselmo. lived there 12 years ; had known Fullhart prior to his death 8 years ; saw him 25 or 30 times in the last two years. It was the custom of Fulleart to carry fire arms ; have scon him with a revolver ; it was about 44 colt , pearl l.andlo cap and ball , saw the revolver last time about the 10 of Nov. ; had it with him to Murphy's ; Murphy's place is 3 miles from FultharlV I was at Murphy's the 24 the day the body wns found ; went to Full , hart's ; a sled , wire on it , Fullharta' body , I not there about 7 p. in. and staid until about 10 a. m. next day ; The body was east of the Fullhart house about a mile m Custor county , Nob. Cross-examined ; Had known Fullhart about eight years ; had seen him 26 or 30 time in past two years , at his house and around at the neighbors' ; know about the sword , pistols , guus , two revolvers , a rifle and an old shotgun. Did not HOO the sword at tbo time I saw the guns ; saw the eword at another time on the wagon. Did not ex amine but ono gun for thu maker ; one was the Colts ; ( witness described where the uatno was on the gun ) , Had shot it ; was 44 caliber ; loaded ; used it 50 or 00 times , I owned it for a while. Excused. Ira Fostet Live at Anselino ; have lived there for 17 years ; have held oflico of deputy sheriff and constable ; am now constable. Had known Fullhart two years. On the 24th of November , at Ansolmowent out to Fullhart place with tbo sher iff and county attorney ; found Kull hai't dead throe-fourths of a milo east of his house , alongside of fence. A number of parties were watching tboro. Wo took our lanterns and examined all we oould ; looked to the wounds ; did not move him until the next morning ; be had built fence east add west ; commenced east of house ; set posts and strung wire ; fence near where body waa fouud ; fence east of body , but co not know bow far. Wire stretched within about a rod of body ; there was wire stretcher , hanimor and keg of nails. Body was lying in direct line with onoo ; first post about fifteen feet from body ; set west of that one- fourth of a mile ; next inorniug ex niniued the wound and the ground around the body ; searched the clothing , also unfastened the cloth ing and blanket around'shoulders. He had a white cloth around his nook ; clothing opened in front and thrown baok ; body was not in very good condition ; akin looked "potted ; noticed odor wben sheriff unfay timed the clothing ; spots were on I ho stomach and breast. Went to tne house diruotly after the exami nation ; door was open ; Armstrong , Kirkpatrick , Filley , and one or two others ; Armstrong went iu first ; fouud a Winchester rifle , double barrel shot gun , a cap and hall navy revolver ; think it had a wooden handle ; am not sure , as it had rags wrapped around it. I eaw a sword , also revolver aoabbard , hauging on some old harness in the house ; scab bard waa of leather. Wo followed tbo alod tracks from the sled back to the house that was the sled which the wire was on ; alod about 12 feet from body ; there wore two tracks , one made with foot with felt shoe or boot , or rage wrapped around it ; the other a small track , about No. 8 , middling plain aud clear ; tracka by the side of sled track ; the other looked aa though it was in the lead the ono with the muiUed shoes on ; one by the side aud close to it all the tine , the other in front ; one track kept oHtside of sled , the other looked aa though it waa in front , like he had bo n lead ing the horse ; found no inotal box therethere ; were harness there ; some on the fenoe and corral , soinu in the house , half act in stable ; on piece of board , nailed onto a post , 5 feet above the ground Found blood on the harness hanging in the stable , single set or half of double set of harneaa. The blood spots were on the cookeyo that hitches onto aiugle tree , on and of tug ; did not aec any others. Crosa-examined : Examined spots on the harness ; they showed very plainly ; they were a little dark , brown like ; ray best judgment is , that it was not paint. The blood stains would cover a space about the size of a quarter looked like finger marks ; thiuk it had been on there for some time. Haruesa were iu the open shed ; stock iu corral there ; stock could get to the bar * ness. The stains oould not coma from an oil barrel. Have built wire fences ; have aeon paint ooine off ; have seen people cut their hands on wire fences. Sheriff Armstrong and Kirkpattick were with me. One track aeernod to have been made by a boot wrapped iu oloth ; did not see the tracks made ; one track in center - tor of runners , the other outsidu of tracks ; they ooald not have been made by the lama aboe. Murphy firat told mo of the death of Full- hart. I went with Mr. MoDoruiott , the sheriff and the county attorney ; tcld who were thora when he roaehed the body ; sheriff and myself - self examined the body ; house waa in a terrible shape ; bad odor ; the condition of clothing unclean ; w smell about the body ; some about the clothing ; oould tell the differ euoo ; the clothing amelled aa though it bad boon smoked for 1 about six mrtnths ; the body like a dead body. " Found Winchester litlo , double barrel shotgun , old ( soil's navy revolver , cap and ball ; door 'closed ' , but not fastened. Court question : "Tho tracks had been j made before the last snow , but in , the sand ? " Answer"Did not , say the tracks were made in the ) snow. " Excused , II. L. Ormsby sworn. Lived at Broken Bow for nearly 3 years * am agent for railroad company and ox proas company ; have been agent for 12 jcarH. Ouo of my duties is to k op record of weather at this place , for the government and the railroad company. I take the temperature three liniof each day at 7 a. ra. , 2 p. in. and 9 p. m. ; ( from Nov. 15th to 25th , the rcicord , as shown by the thermometer , was introduced ) have been keeping this weather record for nearly tbroo years. Excused. Dr. R. C. Talbot called. Lived in town since 1884 ; have practiced medicine for 32 years ; for 22 years in thin state. I was present at the coroner's inqiest at Anselmo of W. II. Fullhart ; found a cut through the scalp , above the oar ; another extending fiorosn , through and below the ear ; the first , 1 inches long ; the other 2 inches long , with the ono across the ear. I could not have told from what direction it came , without further examination. We stripped the skull , and found it fractured from the medium line to the front , and about 2 inches of the skull crushed into the brain ; it wan in several pieces , some of which wont into the brain. The skull was fractured a little behind the line ever/the / ears , and depressed ; tbo.fisuture extended to the front , the frcuiro was trom some external blow ; from the appearance it was a blunt instrument of some kind , with an odoo ; that would out through ; the instrument must have been of Hoirie size , as the cut and crushed skull must have been made at onetime time ; had a weapon , or saw a weapon which could have produced the wound iv large revolver ; I took the revolver , ; uid by placins the butt of the revolver over th ) de pressed portion of the skull , the trigger guards fit over the out in the e.ir with proper force the re volver would have made the wounds. He hero descriobed hov the Diow could have been stuck , A bu let of wood or steel might have been shaped to have done it ; could not been , done with a ham mer with ono blow. The blow was of considerable force The blow would kill a man instantaneously. The adges of the pieces of the skull bone had been crnshed into the brain substance. A postmortem examination was made by Dr Day aud I. Dr. Williams was pies- ont. The other organs of the body were healthy , Blood extended from the wounds over the left side of bia face , but very little blood was in the body wben we opened it. A little clot was iu his heart Found four thicknesses , of coats or vests , one of which was leather , three shirts , three pair of socks , ono pair of shoes and \vrapped around thorn ; cloth of some kind around his neck A blanket was lying there , two pair of canton flannel mittens , very little signs of decomposition No decomposing odor about it. Could not aay definitely the num ber of days ho had been dead. Dr. Talbot , taking the degrees of tempaturo for eight days prior to the inquest in consideration , as shown by the table , the body might have bean dead two y ars. Ac cording to all authority a body ceases decomposition when at freeing / ing point. And according to the record exhibited of temperture in that period of time it was below freezing point. A blow of that force would knock a man down 1 hardly know whether a body onnld have been thrown from a wagon in a runaway so as to have produced such a wound. Decomposition is destruction that goes on after death. I think I said at the coroner' * in quest that the body had been dead three or four days. The clothing wore old. Did not notice the blanket particularly. One of the garments was leather In the bank where we out the clothing off , There was no odor of decomposi tion. There was an odor peculiar to all dead bodies when you open them. There wad an offensive odor from the clothing. I could not tell from what position the blow struck , if from human agency. Had 1 known or thought about the con ditions of temporturo intervening at the inquest I would not have stated the body had been dead throe or four days. Dr. Clinton Day'sworn : Resid ed IL Broken How two years , physi cian , practiced over nine years ; practiced at Morna before locating here. Waa at tbo Fullhart inquest at Auielmo , made < xaumation and found wounds on body , one wound on loft side of head little above and back of the ear. External ap pearauoe had the appearance of a Women suffer ing from female troubles and weakness , and from irregular or painful men ses , ought not to lose hope If doctors cannot help them. Phy sicians are so busy with other diseases that they do not un derstand fully the peculiar ail ments and the delicate organism of woman. What the sufferer ought to do is to give a fair trial to which is the true cure provided by Nature for all female troubles. 1 is the formula of a physician of the highest standing , who devoted his ivhole life to the study of the distinct - . tinct ailments peculiar to our mothers - . ers , wives and daughters. It is made of soothing , healing , strengthening herbs and vegetables , which have been provided by a kindly Nature to cure irregularity in the menses , Leu- corrhcea , Falling of the Womb , Nerv ousness , Headache and Backache. In fairness to herself and to Brad * field's Female Regulator , every suffering woman ought to give it a trial. A large $ i bottle will do a wonderful amount of good. Sold by druggists. Sen J for a nicety Illustrated fie : book on the subject. The Bradfleld Regulator Co. , Atlanta , Ga , cut about ono inch in lougth , and the other wound had the appear * auuo of a torn wound made through the car , in front of first desuribed a slight wound in front. The com pressed portion two inches square , the skull was fractured over aud around in front of the medium line. On removing the scalp found tbo woundiu _ front ot the ear was not deep. The compressed portion of the skull was broken in fine pieces and pressed down on the brain sub stance. Think some of the pieces wont on the brain but were not pressed down into the brain. The wound could have been indicted by a blunt instrument. A great deal of force was necessary to produce such a wound. Such a wound would cause immediate death. The wound on his head caused the death of this man Fulluart. The wounds might have all been inflicted with ono blow. The force producing tliesG wounds came from behind above , downward and forward. The other organs of the body were in a normal condition. There was Homo blood clot in his hair and left eye was filled up with blood clot and blood bad run down over the forehead. The brain substance was not frozen but the fluid beneath the skull was frozen. Did not examine as to whether the body had been freezing and thawing. The rate of temperture from thirty-six to forty- two degrees above zero would pre serve a body I would aay that with the t mperturo ranging from four degrees to forty degrees above zero for tbo eight days previous to inquest he might have been one weak and it might have been two. The temperture was sufficient to preserve a body. A body frozen solid will not decompose. First decomposition is internally , attend ed by gasaes , in the abdominal cavity. The age effects decomposi tion. In young persons decompo sition ยง ets in earlier than in older. State of health might exoellorate decomposition , afllicted stomache might. I think I a in able to say that the wounds was effected by some ono. I cannot conceive of any way a person might bsve been thrown to produce the injuries found. I Think it impospible Court adjourned to 9 o'clock to morrow. ( CONTINUED NBXT WEEK ) Horse Rncr > < with Train. i German papers relate that Captain Baron Holzlngr recently covered a dis f tance ot fifteen kilometers ( nine and u quarter miles ) on horseback la twenty-flve minutes. His horse had been especially trained for the ride , having boon fed on a prepared food. Instead of oats , for weeks. The rld.j was accomplished without extraordi nary exertion , and the horse was fit for more work at the finish. To Explore tlin SontU roliir St-as. The duke of Abruzzl proposes to start from Buenos Ayres In 1902 , on a voyage to explore the south polar seas , In a snip which will be specially built In Italy from his own plans and speci fications. He has selected as his com- and panloiia Vlttorlo Sella , the geographer , several youujj officers of the Italian royal navy. Country's Qrrutett Uolil Cuini. Cripple Creek Is the greatest gold camp in this country , and its produc tion is very great. The core of the gold country theru Is a strip of ground six miles long by three miles broad. Out of this comparatively small area of ground { 20,000,000 iu gold will betaken taken this year.