The Page Murder, 1878

In the Spring of 1878, the Winfield city council licensed three saloons for one year. Jay Page, at considerable cost built a large two-story brick building with an open front. The lower room was fitted for a saloon; a suite of rooms above were furnished for gambling rooms. The building stood on the east side of Main street, the fourth building north of Ninth Avenue. After being open just four weeks no two saloons in the county ever did such a rushing business. It was thronged from daylight to midnight, and frequently the gambling rooms were in full blast the entire night. It was the duty of the city council, when these facts were brought to their notice, to revoke the license but they winked at it and allowed it to continue.

On June 1, 1878, there was a shooting in Page's saloon. Mr. L. J. Webb, a lawyer, was arrested for murdering Mr. Page, the owner of the saloon. Mr. Webb had come to Cowley County in May of 1871 from Columbus according to the May 13, 1871 edition of the Cowley County Censor. He was noted as a young lawyer of promise coming from good legal stock, being the son of Judge Webb of Topeka and the nephew of the present judge of this district. He was welcomed along with his brother, L. S. Webb, who also arrived with the purpose of going into business. It was further reported on July 1, 1871 that L. J. Webb took over from A. J. Patrick as editor of the Cowley County Censor. Again on October 28, 1871, it was reported that Webb and Nichols were publishers of the Censor.

The preliminary examination took two days, June 5 and 6. Capt. James McDermott represented the State and Judge Coldwell, E.S. Torrance, N.C. Coldwell and Judge Webb (the prisoner's father) represented the defendant.

Four witnesses, Jesse Herndon (bartender), Frank Manney, Newton Ball and H. A. Adams were examined as to the circumstances. Doctor Mansfield testified to the surgical results. No witnesses were produced on behalf of the prisoner.

Justice Boyer ordered that Webb be committed to jail to await trial at the September term of the district court. An application for bail was made and denied. The prisoner was returned to jail. [EDITORIAL PAGE: MORE ABOUT L. J. WEBB.]

WINFIELD COURIER, JULY 11, 1878.

PRE-JUDGING THE CASE.

The case of L. J. Webb, committed on the charge of murder in the first degree and denied bail by Justice Boyer, has been reviewed by the supreme court on a writ of habeas corpus, which was first presented July 3rd, and decided the same day, to the effect that the testimony for the state on the preliminary examination does not make a prima facia case which justifies the denial of bail to the defendant, and that the defendant be admitted to bail in the sum of $12,000. The bail was readily obtained and the defendant was on last Saturday released from jail.

Unfortunately there is a bitterly partisan feeling in this city concerning this case. Webb has very bitter enemies as well as warm friends, and there are strenuous attempts to prejudge the case and convict him before his trial. Now this is all wrong. He is in the hands of the law and will be tried for his life by a court and jury, therefore it is desirable that the community be entirely unprejudiced if possible. If an unprejudiced, intelligent jury cannot be had in this county, it will not be right to try him here. It is of the utmost importance that the jurymen who try this case shall have no opinion as to the guilt of the prisoner until after the evidence is given to them under the forms of law. All attempts that have been, or are being, made to set men's minds in the belief of the prisoner's guilt or his innocence are culpable in the extreme, and we think it much more culpable to create prejudice against than for a prisoner.

It is a maxim of law that it is better that ten guilty men escape than that one innocent man should be sacrified. We do not desire to shield the prisoner from the lawful and just punishment for his act, but we do desire that his act shall be fairly tried and judged by unprejudiced men in accordance with evidence that shall be legally placed before them by both prosecution and defense.

We have been charged with unfairness on both sides in the accounts we have given of this case in the COURIER. We do not believe we could possibly have been more fair and impartial while attempting to give all the news. We took special pains to state all the rumors on both sides as rumors, all the well known facts on both sides as facts, and the evidence given under oath as evidence. We gave all the testimony that was offered and if either party failed to offer any of its evidence, it is not our fault.

As the accounts we gave were largely made up of the evidence given before the coroner's jury and the examining magistrate, and as that evidence was all given by witnesses examined on the part of the state and was supposed to be the case of the prosecution, they at least could ask no more, and if the defense concluded that it was better for them to withhold their evidence so as not to disclose their defense, they have no reason to complain of us if we have given only one side of the case.

We have called attention to the fact that certain rumors against Webb were untrue and that certain rumors in his favor have not been sustained by the evidence offered, and have taken great care to be as correct as possible. We admit that we have formed an opinion. We have our knowledge of Webb for the last ten years, his habits, characteristics, and acts under various circumstances, and think we have as good a right to form an opinion as most people, but we have not expressed it in our columns.

If Webb's enemies as well as friends will let the case rest where it is until court, quit talking about it, quit trying to make political capital or any other capital out of it, peace may again reign in our midst.

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[MORE PESONALS: WINFIELD COURIER, JULY 11, 1878.]

[MORE ON JAY PAGE MURDER.]

A WOULD BE NEMESIS.

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A Wife Attempts to Avenge the Death of Her Husband.

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Mrs. Jay Page attempted to kill L. J. Webb on last Saturday evening. Webb had just been released from jail on bail, and in company with Sheriff Harter, H. E. Asp, and R. L. Walker, was walking from the jail west toward Main Street along the sidewalk, and when passing the house of B. M. Terrell, Mrs. Page ran out of the back door with a large revolver in her hand and passing along the west side of the house toward Webb attempted to get a range on Webb to shoot him, at the same time using violent and threatening language. Sheriff Harter and R. L. Walker were between Mrs. Page and Webb, and under their cover Webb ran and escaped. R. L. Walker made some remark and Mrs. Page turned on and threatened him.

Since the death of Jay Page, Mrs. Page has been living in the family of B. M. Terrell in the house on Ninth Avenue next east of the post office. The house is on the south side of the street, with front end so close to the sidewalk that it is but one step between the sidewalk and the front door.

B. M. TERRELL'S STATEMENT.

I was in the front door of my house when Webb and others were approaching from the jail. Mrs. Page came to the door and attempted to pass out. I pulled her back by her dress, but did not observe that she had a pistol. She then ran out at the back door and up towards Webb, saying: "You killed Jay because he said you was a stinker. You are a stinker and I will kill you." She tried to get a chance to shoot Webb, but others were in the way and she did not shoot. I never heard Mrs. Page make any threat or express any ill will against Webb before this, except that when someone told her that Webb was to be let out of jail, she said that Webb could not walk the streets and live while she was around. She had expressed sympathy for Webb's family. The pistol she had belonged to me. About two weeks ago I observed it was getting rusty and took it to John Easton to be cleaned up, where it remained a week. I then brought it home and put it in a case under a bed. There were three cartridges in it. Both my wife and Mrs. Page knew where it was kept. I think she was waiting and watching for Webb at the back door. She now says she intended to kill Webb and will do it yet if he runs around loose where she is.

SHERIFF HARTER'S STATEMENT.

When I went to the jail to release Webb, I passed B. M. Terrill's house. Mrs. Page was sitting on the front door-step with her feet on the sidewalk and Terrill was sitting in a chair just behind her in the house. When I returned with Webb, Terrill was sitting on the door-step with his feet on the sidewalk and a woman was sitting behind him in the chair. I do not know if it was Mrs. Page. As we came along the sidewalk, Webb was on the left of me, the side next to Terrill's house. Just before we reached the door, I went to Webb's left side and walked between him and the door. I did this to prevent a collision, which I thought possible. No woman attempted to come out the front door; but as I appeared between Webb and the door, a woman rushed back through the house. I heard her retiring steps and the noise of her dress distinctly. As we passed the northwest corner of the house, I saw Mrs. Page coming from the back door. I told Webb to "git," and kept between him and Mrs. Page. She rushed up to within six or eight feet of me with a revolver aimed at me. I threw up my arm and said, "Don't shoot me." She called Webb a cowardly, dirty stinker, and talked in an excited manner, but I do not think she used other profane or vulgar language. Webb soon got out of her range, and R. L. Walker, who had been close behind us, said, "Don't." She said, "You are as bad as he is and I will fix you too if you interfere," or words to that effect. Walker kept his arm up and moved rapidly away until we reached the post office, when she turned and went back into the house.

[NOTE: LAST PARAGRAPH SHOWS "TERRILL" RATHER THAN TERRELL.]

MRS. PAGE'S STATEMENT.

I intended to kill Webb and would have done so if I could have shot without hitting someone else. I will do it yet if he does not keep out of my way. It was not right to have brought him past my door. I did say to him that he was a stinker, but that was the only bad word I used. I did not say those other words they accuse me of saying. I did not threaten Walker; all I said was meant for Webb.

H. E. ASP'S STATEMENT.

I was present and heard Mrs. Page say to R. L. Walker: "I know you, Dick Walker. You are as bad as any of them. I'll give it to you next. I'll fix you for your coffin."

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The case of L. J. Webb was called on Monday morning September 9, 1878, and set for trial on Tuesday. All day Tuesday was spent in getting a jury. The special venue was soon exhausted and the balance of the jurors was made up of tradesmen.

On Wednesday, James McDermott opened the case on the part of the State. Jesse Herndon was the principal witness for the State. He was Page's bartender and knew all about how the business of the house was conducted. The defense had tried to draw out this testimony on cross-examination but the court would not permit, and now he was put on as a witness for the defense.

Jesse Herndon's Testimony at the Preliminary hearing was, AI have been tending bar for Page lately. On the first day of June, I was in Page's saloon. Mr. Page was there. I saw L. J. Webb there; saw him shoot Page. Page was standing at the north end of the bar, front side, leaning against the bar talking to Frank Manny. Webb came into the room at the back door, walked to within about ten feet of Page, took his pistol out of his pocket and pointed it toward Page. The pistol made a report and I saw the smoke. Page put his hand to his left breast and said, ASee where the son of a b---h has shot me.@ Page walked out of the front door. I did not see Webb do anything after that. He gave his pistol to Mr. Hill. I did not see Mr. Page anymore until about half an hour, when I saw him in the doctor's office dead. What I have described transpired in Cowley County, Kansas, about four o'clock p.m. Saturday, June 1, 1878."

Upon cross-examination Herndon said "I have been in Page's employ about two months. Mr. Page sold whisky and wine and allowed gambling in his place of business. The room I have described was the retail room. The gambling was carried on in the back room on the same floor. There were other rooms for gambling upstairs but they did not gamble there. The building was well constructed for gambling purposes. I have known Webb nearly all the time I have been here; had seen him about the building before. He was there the Friday evening before - came after supper and remained all night and next day until the shooting took place. He did not leave the house to my knowledge until the shooting. Had he left I think I would have known it. He was in the back room where they were playing poker most of the time he was in the house. Page was engaged in the game.@

APage would frequently go from the gambling room to the barroom and help his customers to some of the good things he had there. Mr. Webb drank during the night and during the day. I think he took the last drink about thirty minutes before the shooting. During the time Webb was there he might have drank more than thirty times. He was drinking all the time. I waited on them during the time he was there. The game broke up about daylight. Page did not play any after that. They all drank the same kind of liquor, not mixed liquor but whisky: they call it bean whisky. I took some peppermint to Webb once. I prepared all the liquor they drank that night except one round. Page gave them one round about midnight. I was most of the time in the gaming room. Webb was playing all the time until four o'clock. Page then quit the game because there was no more money in it. He had got it all. Webb continued drinking all day. I did not observe anything peculiar about Webb when he came out at the time of the shooting. Do not know whether Page had been in the gambling room that afternoon. If he was in, I do not know it. I had passed a drink through a hole in the wall into the gambling room to Webb about twenty minutes before the shooting."

At the trial Jesse Herndon made many important additions to his testimony. He said that Page deliberately robbed Webb that night by means of cold decks and drugged whisky; that Webb drank often that night, and Page had instructed the witness to give Webb liquor from a particular bottle he called "All sorts," which witness did; that twice during the night Page went into the barroom and put some liquid from a small vial which he took from his pocket into a tumbler of whisky and instructed the witness to give to Webb the next time he called for drink, which the witness did; that this bottle of AAll sorts@ was a villainous compound of whisky and drugs, which Page kept for the express purpose of giving to men with whom he was gaming; that shortly before the conclusion of the game, and after Webb drank the whisky prepared by Page, Page went into the barroom and stacked a deck of cards, and instructed Herndon the next time drinks were called for to bring this pack under the waiter or server on the table, which the witness did, and then Page dealt this cold deck, giving Webb a full house and himself a better hand, on which he won all Webb's money, and this concluded the game. Herndon testified to some expression of anger made by Webb to Page upon the conclusion of the game, saying he was robbed, but to no expression of malice or threats of revenge.

All the parties to the game remained an hour or more after its conclusion, Webb drinking frequently; then all left except Webb, who remained alone, with Herndon. Webb never left the saloon from that time to the time of the shooting. Herndon testified as to Webb's condition and appearance during the day; said he looked very wild and had a jerking movement about his head, neck and shoulders, was convulsive and breathed hard.

Jesse Herndon continued his testimony by saying that after the preliminary examination he went with Hy. Terrill and Frank Manney to the saloon to make an examination for drugs. They washed out several empty bottles, including one bottle that contained something that Page used to put in liquor: what it was he did not know. When they emptied it out and washed the bottle he told Terrill and Manny that it was not right. He testified that certain vials and small bottles showed him looked like those which Page had used to fix up liquors with.

This witness suffered considerably in the hands of W.E. Stanley, attorney for State, on cross-examination. His attention was called to statements he had made before Justice Boyer at the preliminary examination in direct contradiction to his present statements. These contradictions witness explained by saying he had been advised by certain friends of Page that if he told anything he knew about the transactions in the saloon they would let Webb go and send witness up, that from these threats and the general excitement he was afraid to tell all he knew about that saloon.

Frank Manny testified to the circumstances of the shooting substantially as did Herndon, and said he saw Webb in the gambling room about ten minutes before the shooting playing cards with two other men; said Webb when he came into the room looked as though he was mad; had his eyes wide open and looked toward Page with a fixed stare. Webb leveled his pistol so long at Page before firing that Manny thought it was a joke intended to scare somebody. Col. James D. Snoddy, of counsel for the defense, cross-examined Frank Manny, and when he concluded, the witness left the stand in a rather shattered condition.

Testimony for the defense, from Burt Covert, G. L. Walker, James Jahey, P. Hill, A. H. Green, B. F. Baldwin, Ed. Bedilion and Dr. W. R. Davis corroborated Herndon in relation to the wild and insane appearance, the convulsive twitching movements of the throat, head and shoulders of the defendant immediately before and subsequent to the shooting; also showed the finding of some small bottles and vials under the counter used by Page in his saloon; that these vials were taken from the counter some time after the shooting and preserved with their contents and are the same that are now exhibited in court; and the testimony of Drs. Davis, Rothrock and Furley showed that these vials contained opium, nux vomica and India hemp, and that these compounded and administered would produce insanity.

The jury then examined the indentation which is apparent on defendant's head. From inspection it appeared that a considerable portion of the skull had been formerly removed, and that the left side of the skull is pressed in upon the brain.

The medical gentlemen testified that such is a frequent cause of insanity, and that any person thus afflicted was extremely liable to mental derangement or insanity in any unusual excitement, or the excessive use of intoxicating liquors, or of such drugs as had been found in the vials.

By Saturday evening the evidence was all in and the court adjourned to Monday morning. On Monday morning, the Judge gave his charge to the jury, and was followed by W. E. Stanley in the opening argument for the State. Stanley ridiculed the defendant and many of the witnesses for the defense with great effect. He was followed by Judge Coldwell, Col. Snoddy of La Cygne and Judge H. G. Webb of Oswego, for the defense. James McDermott closed for the state, and the case was submitted to the jury on Tuesday evening.

On Wednesday afternoon, September 18, 1878, the Jury returned a verdict of "Not Guilty." which made Mr. Webb a free man.

THE END

Story by Diana Kelly.

May 13, 1871 - Cowley County Censor - "We welcome to our place Mr. L. J. Webb, late of Columbus. He is a young lawyer of promise and comes from good legal stock, being the son of Judge Webb of Topeka and the nephew of the present Judge of this district. We extend the same to his brother, L. S. Webb, who also has arrived here for the purpose of going into business."

July 1, 1871 - L. J. Webb took over from A. J. Patrick as editor of the newspaper "Cowley County Censor."

October 28, 1871 it was noted that Webb and Nichols were publishers of the Censor.

June 5, 1878 - Traveler -About a month ago the city council licensed three saloons for one year in this city. Jay Page at considerable cost had built a nice two story brick, and fitted up the lower room for a saloon, and furnished a suite of rooms above for gambling rooms. It is a large two-story building with brick open front. It stands on the east side of Main street, the forth building north on Ninth Avenue. He opened four weeks ago last Saturday; and since then no two saloons in the county ever did such a rushing business. It was thronged from daylight to midnight, and frequently the gambling rooms were in full blast the entire night. It was the duty of the city council, when these facts were brought to their notice, to revoke the license; but they winked at it and allowed it to continue.

On June 1, 1878, there was a shooting in Page's saloon in Winfield. L. J. Webb, a lawyer, was arrested for murdering Mr. Page who owned the saloon.

Justice Boyer ordered that Webb be committed to jail to await trial at the September term of the district court. An application for bail was made and denied. The prisoner was returned to jail.

On Wednesday, James McDermott opened the case on the part of the State. Jesse Herndon was the principal witness for the State. He was Page's bartender and knew all about how the business of the house was conducted. The defense had endeavored to draw out this testimony on cross-examination but the court would not permit, and now he was put on as a witness for the defense.

Jesse Herndon's Testimony at the Preliminary hearing was "I have been tending bar for Page lately. On the first day of June, I was in Page's saloon. Mr. Page was there. I saw L.J. Webb there; saw him shoot Page. Page was standing at the north end of the bar, front side, leaning against the bar talking to Frank Manny. Webb came into the room at the back door, walked to within about ten feet of Page, took his pistol out of his pocket and pointed it towards Page. The pistol made a report and I saw the smoke. Page put his hand to his left breast and said; 'See where the son of a b---h has shot me.' Page walked out of the front door. I did not see Webb do anything after that. He gave his pistol to Mr. Hill. I did not see Mr. Page any more until about half an hour, when I saw him in the doctor's office dead. What I have described transpired in Cowley county, Kansas, about 4 o'clock p.m. Saturday, June 1, 1878.

"Page would frequently go from the gambling room to the bar-room and help his customers to some of the good things he had there. Mr. Webb drank during the night and during the day. I think he took the last drink about thirty minutes before the shooting. During the time Webb was there he might have drank more than thirty times. He was drinking all the time. I waited on them during the time he was there. The game broke up about daylight. Page did not play any after that. They all drank the same kind of liquor, not mixed liquor but whisky: they call it bean whisky. I took some peppermint to Webb once. I prepared all the liquor they drank that night except one round. Page gave them one round about midnight. I was most of the time in the gaming room. Webb was playing all the time until 4 o'clock. Page then quit the game because there was no more money in it. He had got it all. Webb continued drinking all day. I did not observe anything peculiar about Webb when he came out at the time of the shooting. Do not know whether Page had been in the gambling room that afternoon. If he was in, I do not know it. I had passed a drink through a hole in the wall into the gambling room to Webb about twenty minutes before the shooting."

At the trial Jesse Herndon made many important additions to his testimony. He said that Page deliberately robbed Webb that night by means of cold decks and drugged whisky; that Webb drank often that night, and Page had instructed the witness to give Webb liquor from a particular bottle he called "All sorts," which witness did; that twice during the night Page went into the bar-room and put some liquid from a small vial which he took from his pocket into a tumbler of whisky and instructed the witness to give to Webb the next time he called for drink, which the witness did; that this bottle of "All sorts" was a villainous compound of whisky and drugs, which Page kept for the express purpose of giving to men with whom he was gaming; that shortly before the conclusion of the game, and after Webb drank the whisky prepared by Page, Page went into the bar-room and stacked a deck of cards, and instructed Herndon the next time drinks were called for to bring this pack under the waiter or server on the table, which the witness did, and then Page dealt this cold deck, giving Webb a full house and himself a better hand, on which he won all Webb's money, and this concluded the game. Herndon testified to some expression of anger made by Webb to Page upon the conclusion of the game, saying he was robbed, but to no expression of malice or threats of revenge.

Testimony for the defense, from Burt Covert, G.L. Walker, James Jahey, P. Hill, A.H. Green, B.F. Baldwin, Ed. Bedilion and Dr. W.R. Davis corroborated Herndon in relation to the wild and insane appearance, the convulsive twitching movements of the throat, head and shoulders of the defendant immediately before and subsequent to the shooting; also showed the finding of some small bottles and vials under the counter used by Page in his saloon; that these vials were taken from the counter some time after the shooting and preserved with their contents and are the same that are now exhibited in court; and the testimony of Drs. Davis, Rothrock and Furley showed that these vials contained opium, nux vomica and India hemp, and that these compounded and administered would produce insanity.

By Saturday evening the evidence was all in and the court adjourned to Monday morning. On Monday morning, the Judge gave his charge to the jury, and was followed by W.E. Stanley in the opening argument for the State. Stanley ridiculed the defendant and many of the witnesses for the defense with great effect. He was followed by Judge Coldwell, Col. Snoddy of La Cygne and Judge H.G. Webb of Oswego, for the defense. James McDermott closed for the state, and the case was submitted to the jury on Tuesday evening.

On Wednesday afternoon, September 18, 1878, the Jury returned a verdict of "Not Guilty." which made Mr. Webb a free man.