The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-06-11
SUBMITTED TO THE JURY.
Novels Fate Now Rests With the Jurors
Given Them at 1915.

NeveIs' Fate Now Rests With the Jurors
Given Them at 1918.
At 1915 this morning the Novels case
was submitted to the jury. At that time
County Attorney Stafford finished his
argument, and the jury with a copy of
the information. the instructions of
Judge Hazen and the various blank
forms of veFdicts in its possession, was
led to the jury room by Bailiff Coyne.
If the jury agrees on a verdict before
tomorrow the best guessers around the
court house will be mistaken. A verdict
ia not looked for today. Both sides
claim to be confident of a verdict
in their favor The defense ridicules
the idea that Novels guilt has been
established. They base their hope of
acquittal on Section II of the courts in
structionS which says in substance, "a few
facts or a multitude of facts going to
show the guilt of the defendant should
not warrant verdict of guilty. The ev-
idence should be SO strong as to make
the facts inconsistent with any other
rational conclusion"
The prosecution claims to have estab-
lished beyond the traditional reasonable
doubt" that Novels was implicated in
the murder. They say that the tracing
of the slung-shot to Novels possession,
his confessions, his exploits and the dis
proval of his attempted alibi all tend to
prove his guilt beyond question.
A great many of those who have heard
all Of the evidence and the arguments to
the jury, say there will be neither con-
viction nor acquittal, that the jury will
hang about evenly divided.
County Attorney Stafford spoke for
nearly two hours last evening and fin
ished his argument this forenoon in a
speech more than an hour in length.
Mr.. Ensminger preceded him, and is
being freely criticised for his bitter de-
nunciation of Chief WiIkerson and
Sheriff Burdge. He declared that both
of these officers were so mentally dis
eased by the miasma of ring rule at the
court house that they were lost to all
sense of honor. He said they might
have been honest when they first came
to Topeka from the country. Mr.. Ems
minger continued: "Wikerson was seek
ing to become chief of police and Burdge
was looking to a second term. Both saw
it would be feather in their caps to
discover the murderer of Mrs. Matson
and they went to work by arresting this
man and putting him in the sweat box.
And these sleuth- hounds of the law for
| babe the captain of the police in this city
to go in to see this defendant in order to
find out some clews to the perpetrator of
this crime if he knew any,"
County Attorney Stafford is being gene
rally congratulated by the members of
the bar on his closing argument He is
convinced of Novels guilt and was deter
mined that the murder of Mrs. Matson
should be avenged He talked at such
length that it is almost impossible to
review his address, but he started with
the theory that the object of the affair
was burglary, crime which he declared
Novels to be an adept at He said the
robbers had evidently been detected and
rather than take chances Of going to the
penitentiary for burglary they murdered
her, hitting her first with the slung shot
and then dispatching her with an axe.
Mr.. Stafford resented the insinuations
and slurs cast at the officers all during
the trial. "They have simply done their
| sworn duty. We hire officers not to
stand on the streets and look pretty, but
to stand guard while the city sleeps to
protect our property and save US from
the thief the thug and the assassin The
officers have performed only their plain
duty and had they done less Ensminger
and McNary would have stood on the
| street corners with their hands in their
! pockets and cursed them for not doing"
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