The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-09-28
WAS A HARD FIGHT.
The Conviction of Poole the
Chicken Thief
EARNESTLY SOUGHT By PROSECUTION


Affer Two Days W ork the Case Went
10 the Jury Today.
The conclusion of the A. F. Poole bur-
glary case in the district court today has
ended the hardest fought and best tried
case of the term. It has been u peculiar
case. from he fact that the defendant On
trial was liable 10 penitentiary sentence
for Sealing ffly cents worth of corn, be-
cause in getting it he lifted a LATCH or
rather turned q button, and opened a
door.
There was larger attendance of law
yers and spectators at court yesterday
afternoon than at any time during the
t -lal. Poole has gained SO much nOtorietY
through his repeated arrests for chicken
thieving that, although he was not on
trial for this, the interest taken in the
case is largely on account of this.
The evidence was finished at $3.50 last
evening, occupying two whole DAYS.
As soon As court convened this morning
the lawyers, McCabe and Stafford for the
STATE and Ward and Ensminger for Poole,
made their pleas and the case was given
to the jury.
If there was one man more pleased
than the rest with the adjournment to
this morning before the pleas were made
it was County Attorney Harry Satf ord
Day. in and day out for two
weeks he has been constantly strain
ing every faculty. Towards the
close of yesterdays nerve rAcking ses-
sion, Stafford WAS so nervous and ex-
hausted mat the attorneys for the defense
were ringing in all kinds of sharp"
games, aud they were constantly escap-
ing the county attorneys usually vigilant
eye and ear.
Twice he was helped ont by Judge
HaZen on these occasions. Oae OF these
times the Judge is believed to have
broken The record. Dir Ensminger was
taking advantage of the county attorneys
semi Conscious condition to introduce
hearsay evidence, and every other kind
he could lay his hands on.
"Here, here, we don't want to hear all
this" exclaimed Judge Hazen. "Oujsc-
ton sus aimed" he continued, notwith-
standing that there had beeu no objec-
ton, whatever. except bv himself.
Another time the defense was intro
ducing some documents in evidence that
had no business there. Dir. Stafford did
not Object, although it was going on IN
der has very nose.
THEY'RE Introducing these documents
in evidence" warned the judge.
Il eli sci." said the county attorney.
'Ohj cuon sustained" imme 1iately
replied Judge Hazen.
Poole was very poor witness for him.
self aud il seemed a mistake TO put him
on the stand When the counsel for the
state got hold of him on cross-exAmina.
ton MIR. Stafford asked him questions that
evidently made his head swim, for he
had to take few moments to regain his
equilibrium before answering some oil
them.
Ole of the most peculiar things in the
trial was this evident invention by tbs
defense of a mythical person on whose
shoulders TO saddle the crime win which
Poole stood charged. This man was
named Allen and was supposed to have
worked for Poole at the time Of thi.
burglary.
Cross examination of Poole in regard
to Allen:
'Who was this Alleu?"
81 don't know. He came to my store
asking for work and i gave it to him"
"W here WAS he froml9
SHE told me once from western Kan.
sas Later he said he was from Kansas
City"
"Where did'Allen live while heref'
81 don't know"
Nhere did he eat?"
81 don't know"
VINO were mis- sssoCiates?"
Il never knew"
"Was he man with familyF"
81 don't know"
Where did he 90 when he left hers1'
81 have no idea"
"Then the only thing you know about
this m n Is that be worked for you
looked like you, and went away with thi
chicken wagon and team Friday, july
II, the day before your arrsstf''
That's ALL"
The evidence by the defense tried t.
show that Allen committed the crime
Poole gave AS his reason for running
away from the police when they came
alter him that he knew John WiIkersor
would immediately put him in Jail, or
account of enmity toward him, because
It was his team and wagon captured il
North Topeka He wanted 10 stav ou
till Monday to try to find Allen ami hav,
him arrested.
%Why didn't you go to the police
They would have helped you fad Allen