Murder!
James Westerbrook Shot in his own door by Theophilus R. Freeman.
The Murderer Arrested, Tried and Found Guilty.
He is to be Hanged Fri- day Dec 17th, '69.
FULL ACCOUNT OF TRIAL!!
He pleads Innocent to the last.
SENTENCE OF THE JUDGE.
IMPOSING SCENE
THE DOOMED MAN STOLID.

One of the most melancholy affairs which has occurred in our county for many years, took place on Saturday evening Oct. 16th, one half mile east of Butler. We give below a full account of the affair as reported to us:

Theophilus R. Freeman, (the prisoner) is about thirty years of age, came to the county some three years ago and has been engaged as a laborer. About eighteen months since his wife left him, leaving three children, the oldest seven years of age and the youngest about three. Since the departure of his wife he has been quite familiar with Mrs. [Jas.?] Westerbrook (the wife of the deceased) and it is rumored that an improper intimacy had been existing between the parties. In any event, Mr. Westbrook, (the deceased) on last Saturday, getting home earlier than usual, found Freeman there and at once ordered him off the premises. He (Freeman) came to town and procured a shot gun and about dusk returned to the residence of Westerbrook, remarking to two or three different parties before he left town that he was going to have a "shooting match of his own" - that "he was going to kill somebody" or words implying that he was intent on some desperate deed. He kept in the bushes near Westerbrook's house; he waited [?] opportunity to assassinate him. Westerbrook hearing a noise at the gate (doubtless created by Freeman) went out to ascertain the cause, supposing cattle were in the yard, and while standing at the gate he received the shot of Freeman who was partially hid, about twenty feet from him. He received nine buckshot, four taking effect in the abdomen. He walked part of the way to the house and fell, and was partially carried, by his wife and children, to the house. The report of the gun and the cries of the murdered man aroused the people in the vicinity who hasted to Westerbrook's house. Dr. Pyle was at once summoned, and at the request of Westerbrook who said that he recognized the man who shot him as Freeman, a posse turned out to [flod] the murderer.

About 9 o'clock Freeman armed with a double-barreled shot-gun, was arrested, coming in at the back way to his usual place of residence, by L.D. Condee, Esq. Westerbrook died of his wounds, stating in his dying declaration that Freeman had shot him.

Circuit court convening Monday, a special grand jury was summoned and at once [issued?] an indictment against Freeman, and at his own request the trial commence on Wednesday. P.H. Holcolm, Esq.Acting circuit attorney, assisted by Wm. Page, Esq., and A.T. Holcolm, Esq., conducted the prosecution. The prisoner was defended by Col. J.D. [Hince?] and L.D. Condee, Esq.

After the jury were empanelled the prisoner was given until the following morning to prepare his case, and after the evidence was all in, he was granted half a day to file motion for new trial and in arrest of judgment. The case closed about noon on Friday and the jury composed of Joseph Wix, Samuel Lion, J. Elmer, Wm. Requs, Irwin Walley, M. Pickett, James F. White, S.M. Pyle, Edwin Keller, Green Walton, R.S. Ferguson and D.W. Riley, after an absence of about twenty minutes returned a verdict of
GUILTY
Of murder in the first degree. At precisely five minutes after one o'clock today, (Saturday) the prisoner was brought into court by the Sheriff, and for a few minutes was in close consultation with his attorneys, after which the judge informed him that he had been found guilty of murder by the jury of his countrymen and asked him if he had anything to say-any reason why sentence should not be placed upon him, to which the prisoner answered in a low broken voice

"I've not much to say. Suppose if I am to be hung I will be hung innocent. There is a sort of grudge against me. Don't care for myself, have some little children that I'd like to be raised. Nothing more at present."

Judge Townsley pronounced the following sentence in a very impressive manner, causing every one present to feel the solemnity of the occasion: [Balance of article not included in scapbook.]

Our Citizens will remember that some two months ago a Mrs. Wilson brought the body of her husband to this city for burial; that he had been a railroad engineer, and had been killed in a railroad accident while on duty. They will also remember that the widow accompanying the remains was formerly Mrs. Freeman whose husband was sentenced to be hung for the murder of old man Westerbrook, many years ago, and who saved his neck by escaping from jail a day or two before the date of execution.

Mrs. Wilson was a daughter of Mr. and Mrs. Levi Combs, of our city and after the burial of her husband returned to New Mexico to settle up his business affairs. Nothing was heard from her after her departure, by the parents, until a telegram was received from Gallup, New Mexico, stating that she was dead and that her remains would be shipped to this place. They arrived in due time and were lain alongside of her husband, who preceded her only about one month.

Now comes the strange part of this sad affair. It will be seen by extracts from the Albuquerque Journal, published on our second page that there are strong suspicion that she was murdered-[?] for her money, as it was understood that she received seven thousand dollars from an insurance policy held on the life of her late husband. It is hoped that the authorities at Gallup will prosecute their inquiries as to the cause of her death and the whereabouts of her money and property. Mr. and Mrs. Combs are highly respected citizens of this place, but are not able [pecuntarly?] to attend to the matter. We hope that justice will prevail and that the money left will be given to the children and parents of the deceased.

Mrs. Asa Morgan, age 80 years, died early Sunday morning, May 5, at the home of her daughter, Mrs. Al Vincent in Amoret, MO. While Mrs. Morgan had been in delicate health for some time, the illness which resulted fatally was of only short duration.

The daughter of Levi and Minerva Combs, Sarah Virginia Combs was born at Versailles, MO, November 22, 1855, and came with her parents to Butler at the age of 11 years.

Here she grew to young womanhood and was united in marriage to Asa Morgan of this city, Oct 5, 1873. Mr. Morgan died June 11, 1927.

The surviving children are Mrs. J.W. Griggs, Phoenix, Ariz; David B. Morgan and Delbert A. Morgan, Springfield, Mo.; Robert E. Morgan, Jefferson City, Mo.; and Mrs. Al Vincent, Amoret. A brother, Richard Combs, of Butler, also survives.

Mrs. Morgan was a good woman, faithful and devoted wife and a loving, indulgent mother. Both she and her husband were unusually fond of children and it was their pleasure during their lifetime to aid and assist in rearing a number of children other than their own.

Funeral services were held Monday afternoon at the family home on South Broadway, conducted by Rev. J. H. Parrott of the First Christian Church. Internment was made in Oak Hill cemetery.