Towanda Masonic Butler County Kansas

Butler County, Kansas

DR. ROY NANCE KILLS WILLIS G. FORNEY

Last evening the community was startled by the announcement that a man had been shot and killed in Sycamore township and that Roy Nance a young man well known and respected in this city, was the perpetrator of the deed. The following details of the crime were learned from Mr. Nance’s counsel, by a reporter: Several weeks ago Mr. Nance contracted with Mr. Ashenfelter, of Plum Grove, to break some land in Sycamore township, and Ashenfelter sublet the contract to two partners, named Gates and Forney. Tuesday, Mr. Nance in looking over the work found that Forney was hurrying up the work in order to get through and that in many places the breaking was careless and poorly done. Nance remonstrated with Forney, and said he would do as he d___n please. They had a few more words and Nance ordered the man off the place. That evening Nance went over to the place where Forney was staying and left word that he did not want him to set his foot on the place again. Yesterday morning Forney showed up and Nance procured a trespass warrant and went with the constable to see that it was served. As Forney was generally considered hard to manage, the constable, Chas Morlidge deputized Nance and one or two others to assist him. When the party arrived at Nance’s farm they found Forney at work. The constable said, “Throw up your hands; I have a warrant for you, and I want to search you.” Forney responded, I will be g___d d____d if I’ll be searched;” Morlidge covered him and told the others to search Forney. They did not do so and he handed his pistol to one of the party and said, “you cover him, and I’ll search him;” thereupon Forney pulled a knife, and made for the constable, who, not having any weapons, cried, “Nance, protect me.” Forney then turned on Nance with an oath and said “yes you _____ ____ ____ ____ I’ll kill you.” Nance replied “stand back” and himself continued to back off until Forney came within a few feet of him when he fired twice, the ball passing into the region of the man’s heart. He fell and Nance accompanied by the constable came immediately to town where he gave himself up. He was released on a $1,000 bail which was signed by Messrs Foutch and Gillespie. The preliminary is set for Saturday. (Walnut Valley Times, July 1, 1887)

DR. ROY NANCE

His Preliminary Examination Before Justice M. Bradley

On the Charge of Killing Willis G. Forney on June 29th

Account of the Proceedings up to the hour of going to press.

On Wednesday, June 29th, Roy Nance shot and killed Willis G. Forney, on Nance’s farm in Sycamore township, this county.

Mr. Nance came to this county, with his wife last winter, and during the spring and summer was engaged in opening a farm or stock ranch near sycamore Springs. He has a dwelling partially completed, a portion of his place fenced and about 40 acres of land broken up. He is about 24 years of age, and a dentist by profession.

Willis G. Forney was 24 years old, unmarried and has resided in this county for several years.

The shooting was witnessed by C. B. Morlidge, Constable of Sycamore township and Messrs. Plummer and Gates.

After the shooting Constable Morlidge and Dr. Nance came to El Dorado where Nance gave himself up and was held in $1,000 bail, the bail bond being signed by John Foutch and F. P. Gillispie.

Coroner John Long went to Sycamore Wednesday evening and on Thursday morning accompanied a Coroners jury consisting of Lem Harsh, Sam Harsh, Milton Harsh, Messrs Nunemaker, Brumswell and _________. They returned a verdict as follows:

“He (Forney) came to his death from two pistol shot wounds inflicted by one Roy Nance, and we further find from the testimony that the said Roy Nance was not justifiable in his acts and ought to be held for murder.”

Dr. Nance was taken charge of by the Sheriff and committed to jail where he has remained since, except during the time that he is permitted to be with his wife who is lying at the point of death from nervous prostration.

Ex-Governor Nance, of Nebraska, and Dr. Nance, of Iowa, brothers of Roy Nance, are in attendance at the trial, while a large number of relatives and friends of the deceased from Clifford and Sycamore townships are here for the purpose of witnessing the preliminary examination.

The Examination was held in the Opera House to-day before Justice of the Peace Milton Bradley.

The case was set for nine a.m. but was postponed until 1 p.m.

The large hall was filled with spectators and a deep interest was manifested in the proceedings. Several ladies were also in attendance.

The lawyers for the defense are Hamilton & Cubbison and George Gardner, while County Attorney Hutchins is assisted in the prosecution by T.O. Shinn and G. P. Aikman.

A. H. Simpson and G. C. Moore of Peabody assisted in the prosecution.

Burt Plummer was the first witness put on the stand by the State. Said he knew Nance, was at his farm on the 29th of June, saw Nance and Forney together on the farm. I was at Nance’s house saw Nance and the Constable drive to south-east corner of section where Forney was at work and went over to see Forney arrested. The Constable served warrant on Gates first; Forney was plowing and was at the other end of field, waited for him to get back; Constable told him to hold up his hands while he read warrant. Forney said he would not until he knew what for. Constable told him it was for trespass, said he would not hold up hands; Constable told me to search Forney for weapons, I refused; officer then handed me revolver and told me to guard him; I again refused. Forney then started for Nance swearing; Nance stepped back a few steps; Nance told Forney to stop; he would not. Said G____d d____m you, I’ll kill both of you. Forney was about 15 feet from Nance when conversation began. Nance was 6 or 8 feet from Forney when he fell. When Constable first told him to hold up his hands and be searched, he Forney said he had nothing but a knife, showing it and putting it back in his pocket. Said he would do all he wanted to with his fist, and what he didn’t would leave undone; this was before he started for Nance; did not see him have knife again. I turned around when Nance fired and saw only one shot fired; I stood behind Forney 5 or 6 steps. Mr. Morlidge had revolver in his hand, did not see him fire any shots; when Constable told me take revolver, Forney started to advance and Constable sand “Nance guard that man,” Forney started direct for Nance, Nance had revolver in his hand when constable called to him; I was fifteen feet behind Forney when the first shot was fired and ball struck me in right side after passing through Forney. Nance was about fifteen or twenty feet from Forney when he drew his revolver, Forney passed the constable when he advanced on Nance; Nance backed three or four steps, Forney made several threats, said he would die there before he would be taken; Forney had said nothing to Nance, was talking to constable; when Forney advanced said he would kill them both and Nance then fired; saw no weapon in Forney’s hands when he made threats and started for Nance; there were three of four parties present when affray happened, when Forney fell I got a box and placed under his head; Forney said to Nance, “You son of a b_______, you have shot me” Nance turned to Constable and said, “I told you he was a bad man, he took me for a tenderfoot.” Mr. Forney was not dead when I left. I have known Nance for 10 to 15 years, have been in his employ since March. The two shots were fired nearly together; I saw Mr. Forney stagger after 1st shot; did not see 2nd shot fired.

Cross Examination: It was about 11 a.m., when affair happened. I was there when summons was served on Gates, Constable spoke to Forney first, Forney was at his plow; and spoke angrily; Morlidge told him to hold up his hands. Forney said “G_____d d_____n if I’ll hold up my hands or be taken.” Forney said he had nothing but a knife taking it out and opening it and then putting it back said he could defend himself with his fists. Forney wore duck clothes with pocket straight down.

Morlidge said, I order you to search Forney, I said no and stepped back; was afraid of Forney; Constable turned half way round facing Forney and said take this revolver and hold on him till I search him, and I refused to do it Forney saying “no I’ll be G_____d d_____d if you’ll do it” striking his fists together. Advancing a step Forney said you G____d D_____d S___n of B_____s I’ll kill both of you. Forney stepped forward and Nance stepped back before firing.

Forney was 6 feet 2 inches, and weighed about 180 pounds.

Frank Gates was then called. Have known Nance 3 weeks; Forney 4 weeks. On the 29th was breaking sod for Ashenfelter on Nance’s farm. Morlidge and Nance came riding up to breaking plow near at end of furrow and Nance motioned for me to come back; got off plow and Morlidge then read paper to me telling me to go to Justice of the Peace for trial, Forney was coming down side of hill. Morlidge said to Forney put up meaning to ‘throw up his hands” as he had a warrant for him Forney said he wouldn’t do it; Morlidge told him the second and third time to hold up; Forney turned red in the face and said “I’ll kill you both;” Nance stepped back three or four steps while Forney was advancing, they being eight or teen feet apart. After Forney said “I’ll kill your both” Nance drew his revolver and shot; the ball entering the right side. Nance fired a second shot when Forney fell. At second shot Forney threw up his hand to his left side and said I’m shot.

Nance then said to the Constable “I give myself up; take me to jail, I want the protection of the law. I have a Winchester rifle at the house, go get it and take me to where I can have a trial or the protection of the law. Nance looked steady but pale. Nance did not draw revolver till Morlidge had told Forney the third time to put up, and till he said he would kill both of them, and did not shoot till he had retreated four or five steps.

Cross Examined: Forney advanced about 8 ft., and Nance backed about the same; were apart about 8 ft., when Forney fell. Nance carried his pistol in right front pocket, Forney carried knife in same, knife had 5 blades, 1 big and 2 little. Forney wore overalls. Did not see knife again after he returned it to pocket. Forney had not left plow when Nance drew pistorl. Saw Morlidge’s pistol just after saw Nance’s. When Nance drew pistol, Morlidge drew his pistol he leveled it on Forney. Morlidge’s pistol was cocked. Did not see Nance cock his pistol but saw hammer raised.

Constable said to give me knife; Forney said I won’t do it; “I’ll put it in my pocket and die with it there.” He became angry when Morlidge deputised Plummer to search him, Forney said “G__d d__m you, I’ll kill you both.” Nance backed 4 or 5 steps; Forney was breaking sod that day; left plow when Constable said search him; Constable held out pistol to Plummer and said, “you hold this on Forney while I search him,” Plummer refused.

I measured the distance parties were apart; did this on July 5th. I have been on the spot of shooting two times – on third and fifth; did not see Forney’s knife after he was killed. At Wickersham’s house the day before Nance and wife came up and inquired for Forney; told him he was in the house; Nance told me to tell Forney not to come on his farm again; he could come back and get his tools, said no d___d man had a right to abuse him; and if he came he would “do” him. I said, “I’ll tell Forney,” Mr. Wickersham hears all you say – he didn’t proposed to have any d____d gray abuse him; said he had a right to shoot him that day. Mr. Wickersham and I were standing in road when Nance and wife came up.

J. D. Wickersham – Reside in Sycamore, know Nance and Forney slightly; Forney boarded at my place; about conversation of last witness – we had just picketed horses when Nance and wife came up and met in road. Nance said, “tell Forney to take his plow and not come on place again,” would allow him time to get his plow off,” Nance said he had taken a great deal of abuse from Forney, invited Nance in house, he refused – said he would come in when he felt better.

Isaac Harrison – Live in Sycamore, know Nance, was quarrying rock on southeast corner Nance’s section June 29th; was going home along road past where Forney was plowing; Morlidge and Nance drove past me to Forney; heard two pistol shots and turning around saw a man fall; went back and saw Forney lying on the ground gasping and in a dying condition; Nance was there; Nance said, “I suppose he will die and I must go to jail and I want protection.”

Dr. McMillen – I was called upon on the 29th of June when Forney was shot and examined body; found 3 wounds in body, made evidently by two bullets. One was in right breast between 5th and 6th rib ranged downward and backward and made its exit on left side, coming out one inch from centre of verbal column, other on left side between 6th and 7th rib and ranged toward right side and slightly upward. The 1st shot might not have proved fatal. The 2nd shot might have proved fatal.

Frank Gates recalled – Mr. Morlidge is constable; did not hear him tell Forney he had a warrant for him.

State here rested.

The Defense declined to offer evidence and the lawyers proceeded to argue the points in the case.

We have held the paper 2 hours for the lawyers to get through but are compelled to go to press without the verdict.

Justice Bradley assisted by Justice Kramer, after hearing the arguments of the attorneys in the Roy Nance case, committed him to jail to await his trial at the next term of the district court. (The Walnut Valley Times ~ July 15, 1887)

This was so unexpected and the evidence which it was reported had been given before the coroner’s jury so different from the generally accredited story circulated on the street Wednesday night, that it was a surprise to all. Vague rumors of what was testified to before the coroner yesterday have been floating around, the size of the story increasing at each repetition until it is impossible to give anything reliable as to what are the facts in this case or what will be proven on either side.

When the coroner returned from the scene of the tragedy it was decided to arrest Nance on the charge of murder in the first degree, but his wife was in a condition when to separate them would have resulted in something serious, so nothing was done until today. Mr. Nance’s brother, Dr. Nance, of Creston, Iowa came this afternoon and his other brother is expected tonight.

The preliminary is set for tomorrow when the testimony of all the witnesses will found in this paper. (Walnut Valley Times ~ July 8, 1887)