The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-06-10
THE NEVELS TRIAL.
Arguments of the Attorneys Are
Made Today.
JURY WILL GET THE CASE

JURY WILL GET THE CASE
This Evening-sOme OF the state
ments by the Attorneys Are Per-
sOnal and Breezy.
The trial of Frank Novels charged
with the murder of Mrs. A D. Natson,
is drawing to a close. Saturday after
noon and today have been devoted to
arguments and the case will go to the
jury tonight.
This afternoon County Attorney Fl. G.
Stafford and Joseph Ensminger are max
ing the speeches. Mr.. Ensminger closes
for the defense and Mr.. Stafford will fol-
low in the closing argument for the state.
Judge Hazen announced TO the jury at
noon that their separation then would be
the last until their verdict is reached.
The arguments in the case were COM
menced Saturday afternoon Immediately
after Judge Hazen's charge to the jury.
The charge was of considerable length
and the reading occupied nearly half an
hour. The charge was the stereotyped
form for murder trials most of it printed
in advance with blank lines here and
there to insert what was necessary to
make it applicable to this particular
case.
Deputy County Attorney Arthur Nc
Cabe made the opening address for the
prosecution. Mr.. McCabe spoke briefly,
| comparatively, occupying less than an
hour. He declared that Nevers at
tempt at an alibi had been completely
punctured He ridiculed the idea of
| plot or conspiracy to send Novels to the
| penitentiary unjustly and said there was
no link missing in the chain of circum-
stantial evidence that proved inclusive
| ly NevelS to be the guilty man.
| w. l. JamisOn followed and spoke for
nearly an hour ard half. Mr.. Jamison
spoke ably and covered nearly every de-
tail of the evidence.
AT the conclusion of his speech Judge
Hazen adjourned court until today. In
asmuch as the arguments were not fin
| ished the court allowed the jury to go
home over Sunday.
Today's Arguments.
]. R. McNary was the first speaker to-
day. He presented the defense in a
speech nearly two hours long. He laid
| the crime to Albert Matson, the muir
| dered woman's husband. He began by
[ criticising severely the part Sheriff
Burdge and Chief Wilkerson have taken
in the case. They are two very har-
monious gentlemen" Mr. McNary said.
The most NJ harmonious men l ever
saw They are a regular David
!
{ been in Office since the Oldest
! settlers can remember. I claim that
! they have exercised undue vigilance and
have strained every point to fasten the
crime on this defendant in order to put
| feather in their caps.
This man Novels has had not a cent
| with which to defend himself. The Off
GERS have passes to go anywhere on the
! face of the earth to hunt up evidence.
/ Thew had TnOnav To aPcOy0r1liSh aIrOOat
any purpose. say to you that if any Of
| US had been arrested under the same
circumstances for the same otfense, inno-
cent as we are, the officers could have
come as near fastening the crime on US
as they have on this defendant.
sit has been shown that Frank Novels
is guilty of lying. Surprising he is? We
are not trying him for that. live should
try every man in this court room for that
oHense those double doors wouldn't be
| big enough to let all those out who would
scramble to get away.
THE evidence in this case has proved,
l think, that if Novels is in the slightest
| degree implicated in this murder, that
old man Albert Matson was implicated
with him. Why didn't the officers arrest
Matson and have him here today? He is
the only man who received any benefit
by her being murdered. He got her 3,
600 bushels of wheat, all her personal
property and real estate. The weakest
point in this prosecution is that no cause,
no provocRtion has been shown why
Novels should murder this
woman. l had subpoenaed Albert
Matson last April, and the day after the
subpoena was served he left town and
hasn't been here since. She had proper.
ty probably worth $4,000, and he in the
absence of will, as the only heir got it all.
The story about "Doc' Ward has been
exposed SO completely, will not dwell
on it. The only evidence against Novels
applies equally to Mr.. Matson.
81 can easily imagine that as Novels
sat in the sweat-box in solitary confine
ment lay after day, possibly heated
up little, that he thought if the officers
wanted clues so bad he would give them
a few. 1t was the only fun he had. Pos
sibly he thought if he sent them out all
over the country-he knew they had
railroad passes-they might stumble
across clue that would result. in the
conviction of the right persons and then
he would go free.
After the noon adjournment Joseph
Ensminger makes the closing speech fol
the defense and will be followed by
County Attorney Fl. G. Stafford for the
prosecution. These two are looked upon
as the "big guns" of the case. Mr.. Ems
minger, 1t is understood, will speak tc
make record, while Mr.. Stafford is am
bilious to make good showing in this
his first murder trial, since he has beer
in Office.