7

 

by the blow and fall.  I retained consciousness and Robinson came back and said he had shot the fellow that drew a gun on him at Voorhees.

 The next I heard was the crowd asking some one questions and he said his name was Wilcox.  I recognized the voice of Robinson asking him what he was doing down there and he (Wilcox) said he came down with Sheriff Cross’s posse.  I judge from the sounds that Wilcox was then about 15 feet from me.  I heard a shot and Wilcox was shot I suppose as I afterwards saw him there dead.  I heard the parties searching the other bodies and they searched me and cut my cartridge belt off.  I don’t know how many or who any of the searchers were.  I recognized Chamberlain and Robinson before I was shot.  I should judge there were fifteen or twenty men in the crowd that I saw before I was shot.  After I was shot and the crowd left me a buggy drove up from the north and stopped about west of where I was lying and about 20 feet from me.  C.E. Cook was sitting on the front seat of that buggy.  It was a two seated buggy.  A.M. Donald then walked up to the buggy passing I think to the north of me.  I knew him at sight before this time and recognized him then and there.  O.J. Cook then went to the buggy and was within 10 or 15 feet of it when I saw him.  O.J. Cook then left the buggy leaving C.E. Cook and A.M. Donald in the buggy and disappeared from my sight.  J.W. Calvert and  

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James Wrigley then came up to the buggy from the west of me the same direction from which O.J. Cook had come.  O.J. Cook soon returned and he and C.E. Cook and A.M. Donald drove away in the buggy.  I am only giving my best opinion of the directions.  I recognized no others of the party at any time during that night.  I stated before Notary Public Tucker at Voorhees, Kansas on July 26, 1888 that I heard the name Sol Cott called the night of the shooting and some one answered in a deep hoarse voice.  The day after the killing I met a party of men near Voorhees going after the bodies.  I did not tell any of them in the presence of Charles Bolles or anybody else that John Rutter was present at the killing and took my pistol and that I know Rutter and had gone to Church with him the Sunday before.  It was a sworn statement that I made before Notary Tucker.  I did not say in the statement before Tucker that I recognized a man named Riley at the killing.  I was a witness before the Grand Jury at Paris, Texas at the October term, 1889.  I came from Flora, Illinois to the Court.  I was also a witness before the Grand Jury of the U.S. Court at Leavenworth, Kansas when this transaction was investigated there.  I remember showing Capt. Price a list of the names of the persons indicted in this case.  I made the list from the indictment.

I was in the  Clerk’s office and saw the indictments and made the list about three weeks ago.  I took the list on a book--I think 30 were

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indicted.  I don’t know whether I have the book now or not.  I gave Capt. Price a list of the names.  I gave Capt. Price a list of about 50 names in which the 30 indicted were included.

I know it is since the first of January that I gave Capt. Price the list and think it is not more than 3 or 4 weeks ago.

I got the list of about 50 names from some paper sent me by Col. Wood and he said he thought they were the ones implicated.

I know no reason why he sent the list except that he is a friend of mine.  I made the list of about 50 names from the one Col. Wood gave me, and it included the 30 now indicted.

One year ago last October, I met Col. Wood at Leavenworth, Kansas.  I never saw Col. Wood after the killing until I saw him at Leavenworth......  I came here to court last October.  I met Col. Wood by chance at Topeka, Kansas.  I had no business transaction with him then and saw him no more until he came to Paris this week.  I am now a little over 20 years old.

Col. Wood informed me that he had brought a suit for me for any injuries received when Sheriff Cross and others were killed.  In don’t know the amount claimed.  Col. Wood asked me about the damage suit and I told him he would have to see my mother about it.

At the time of the killing and before that time I knew A.M. Donald and J.W. Calvert as well as I did J.B. Chamberlain and I saw and recognized both Donald and Calvert at the killing.  I am just as certain that Donald and Calvert were at the killing as I am of any other fact to which I have testified.  

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It is not possible that I could be mistaken.

 

            Herbert Tonney

 

Subscribed and sworn to before me this 7th day of February, 1890.

 

        H. H. Kirkpatrick

        H. S. Commissioner