The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-06-06

me of another former wife of Novels I!
who went as Elsie Novels or Elsie
Thomas. She answered the description
exactly. We found her in North Topeka
and when we took her to face Novels he
that he had lied.
Odd you ever look for "Poker
Dick" or this man Ross?
Ayes, l hunted for them. I found
trace of man who went under the name
of Poker Dick at Harrington, but never
heard anything of Ross.
Odd you ask Novels why he had
lied to you?
Al did. He replied that he was on
the inside and we were outside, and that
that made big difference.
Q-Is it true that Novels was confined
in "sweat box" at the county Jail?
A-No, we have no "sweat box" We
have a room that was built for that pur-
never made. The prisoners think it is
the most desirable cell in the whole Jail.
Cross Examination.
Here Sheriff Burdge was cross exam
ined by Lawyer Ensmiuger.
Q-When did you first get an inkling
that Novels was implicated in this case,
and where?
A-When John Wilkerson returned
from Sam Millions house and told me
what he had learned.
OFF it were not for that slung shot
then, you would never have suspected
Novels?
Ayes, we would, but probably not at
that time.
Q-How long was Novels in Jail be-
fore any complaint was filed against him?
Al don't remember exactly. Only
a few days.
Q-Was he arrested by order of the
coroner's jury?
A-No.
Odd you testify before the coroner's
jury?
A-No; was not asked to.
OILS is not fact that you based yonr
suspicious on which you made the COM
plant against Novels on what Mrs. Mil
ton and "Doc" Ward told you?
A-Not solely.
Q-How often did you visit NeviIs at
the jail?
A-Not to exceed twice a week.
Q-Didn't you tell Nevils that you had
plenty of money and didn't want the re-
ward, that all you wanted WIS the glory
of a conviction, that he could keep the
reward?
Al never said that. 1 believe he was
the one who brought up the subject of
the reward. l said l didn't know
hadn't seen the proclamation.
Odd you ever advise Novels not to
talk to the police-that they were Pops
and would soon be out, and couldn't do
him any good
A-No.
Odd you ever tell Novels you be-
lieved Albert Matson was the guilty
man.
Al never did.
- -
made before or after Matson came to
town?
Al don't remember.
Q-When you had gone on several of
these wild goose chases you got pretty
mad at Novels didn't you, and told him
you weren't going to fool with him any
longer?
A-No, told him 1 believed he was
the guilty man. but any information he
would give US involving anyone else in
the case would be attended to by us.
Q-There was a good deal of rivalry,
wasn't there, between the sheriff's forces
and the police force, over the case?
Ave were not working in harmony.
Odd you refuse Gish admission to
the jail?
Al did once but he had seen Novels
several times before and saw him several
times afterwards at the Jail
On redirect examination by County
Attorney Stafford, the sheriff was asked:
Q-What was it you said to Novels re-
garding his guilt?
Al told him l believed that he was
guilty alone, and that no one else was
mixed up in the case.
Q-What did he say?
Ale said if l would follow up his
clues he would prove that there were
others in it.
Odd you ever find the will of Mrs.
Mason?
A-No.
Q-Do you know whether there was
one?
Tony Smith Recalled.
Tony Smith was again called to the
stand and questioned by Mr. Ensminger
in substance as follows.
Q-Where did you live early last
spring?
Ain Booge's fats, on East First
street
Q-Where did you move from there?
A-Up on Eleventh street.
Q-Where from the re?
A-To Fifteenth street, next to Sam
Millions.
Odd you have this piece of iron
that the slung shot is made from, all the
time?
Ayes.
Q-You logged it around with you
when you moved four times?
Ayes.
The State Rests.
Estate rests" said County Attorney
Stafford.
Examine the witnesses for the de-
fense," ordered Judge Hazen.
The attorneys for the defense pleaded
for recess in which they might confer
together with Novels, and Judge Hazen
gave them thirty minutes,
At the expiration of that time the jury
and the lawyers returned, and Lawyer ].
R. McNary outlined what the defense
expected to prove.
I'VE expect to prove" McNary said,
''that Frank Novels had nothing what