The Wichita daily eagle., 1895-07-12

/ uAk AOA OOtafutnS money nuef r 8fS'
Pretense-His Extreme Beer Drinkin,
Last Monday Made Him Couspicaou
and Number of Citizens were Able 9,
Swear that He was not At the P1sc'
Where the Crime was Commissed-Col
ored Could Not See Very Well
The case OF Ed Baxter. accused o.
| getting a pocketoook containing SIS;
and some checks attracted a largs
crowd TO Judge Hauon's cour, yester'
1 day
| The account OF Baxtef's arrest wa.
| given in yesterday mornings Eagle
| and good many people around tewr
| were Interested in the result OF the in.
| vestigation.
! Baxter declared his innocence at the
time Of his arrest and asserted his abil
ity 10 prove that he was not in the par,
OF the city where the offense was com
Elitted on last Monday.
| Nelson Davis said he came TO Wich-
ita on the third day of July TO visit his
! brother and that on the morning OF
! July Sth he lost a pocketbook SONS
4 where between the new court house
| and Ninth street.
Mrs. Perry testified on behalf OF the
| state that her little boy Lige Brow
| found a pockebbook as above described
| on the Sth day OF July and that she had
/ kept IL intending to give 1t 10 the own
| er il found.
She further stated that last Monday
a man came TO her house and told her
that her son had sent him there TO gel
pocketbook, and that / tbeionged to
| him. She gave him the pocketbook and
| he left her house.
Mrs. Perry is a colored woman who
| said she tried to live honestly and that
! the man who come and got the pocket
| book had lied. that her son had no!
sent him 10 get the money.
She said that one OF ner eyes was
blind and that some times she could
not see very we'll with the other but
that day she took of her glasses and
| wiped her eye and took a good look al
that man who got the pocketbook.
When asked to point out the man who
got II she pointed 10 Baxter and said
he was sure the man. She could not be
mistaken about that though she ad-
nlitted TO picking out another man this
morning as the one TO whom she had
given the pocketbook but said after a
second look she had admitted that she
was mistaken. Mrs. Fauner. anoth-
er colored woman. said she was at Mrs.
Perrys when the man came there and
got rhe money. She said he wore a light
coat light vest and light hat and dark
pants. She said Baxter look like the
man who got the money but she hardly
believed II was him. She remembered
that the man gave the name of Nelson
b. Davis when he got the money and
that he was very nervous. This witness
declared positively that the man got
the pocketbook about 3 O'Clock in the
afternoon last Monday.
Geneva and Jennie Campbell and
May Conley. three little girls. testified
that they went into the woods on the
Little river last Monday at p. m. and
saw man in the timber. They were
alarmed and ran home. They all saw
the man an hour later at Mrs. Perry's
on Lewellen avenue between Ninth
and Tenth streets but none OF them
thought he looked like him.
After the STATE had rested It's case
Baxter set out to prove an alibi and he
had some pretty strong witnesses 10
prove his case.
Baxter claimed that he did not ge.
up until II o'clock last Monday and the
conditions being unfavorable for get
ting drink he went out in rhe alley
and bought three bottles OF beer and
he and Bob Gilmore and West drank
the beer In the back room OF Joe Stew
arts meat market.
They got six more bottles OF beer and
drank three back Of the Racket. This
consumed the time until nearly O'Clock
when he and BObbie and West went
over to the "Old Woman's" on Water
street and got some more beer and
stayed there until nearly o'clock.
This covered the time completely IN
which the pocketbook had been obtain
ed from Mrs Perry and II he sustained
his story it was plain that he must go
clear.
Ben Bailey defended Baxter and
Earl Blake acted for the county at
torney and they each fought every inch
OF the way and there was good deal
Of interest when the witnesses for the
defense were called.
Joe Stewart testified that Baxter.
West and Gilmore were az his place
from a little after noon until nearly 3
o'clock and ne was sustained by John
Davidson. an employe in the shop.
Mrs. Clause. Julia Perry. DR.. Cred
itor, NJ Keohane, Richard Howard.
Robert Gilmore and the boys a. the
Western Union telegraph Office all tes-
tilted and showed that Baxter could not
have been on Lewellen avenue last
Monday afternoon unless he could he
in two different places at the same
time.
Judge Hatton weighed the testimony
in his mind and said there must have
been a mistake some where and he
told Ed Raxter that he might go and
Ed said he never could have establish
ed that alsbi Il IL had not been for those
bottles Of beer making his so conspicu-
Gus last Monday