The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-06-07
CAN HE PROVE IT2
Testimony of Witnesses in the
Defense Of Nevels
To Prove That He Was Not in
Topeka
NIGHT OF THEMURDER
Neve1S' Father and His White
Wife Testify.
NevelS Himself on the Witness
Stand.

The case against Frank Nevels for the
murder of Mrs. A. D. Matson will not go
to the jury until late tomorrow. The de-
fense may finish its case by tonight. and
Frank Nevels has been on the witness
stand in his own behalf most of the after
noon.
The arguments in the case and the re-
buttal evidence will easily occupy the
whole day tomorrow.
Interest this morning was centered in
the testimony of old Albert B. Nevels,
Franks father, and Rosie Nevels, the
white wife of the accused man. They
both testified to strengthen the alleged
aIibi.
Defense Made Good Progress.
The defense made good progress yes
terday afternoon at the Nevels trial
While the charge is not made out
right. it is evident that Nevels is trying
to create the impression that Albert
Matson was mixed up in the murder.
George Hightower swore that he saw
old man III Matson in Topeka the day after
the murder was discovered Charles
Mcmillan who saw two men talking to
Mrs. Matson on the night of December
12, the night the murder is supposed to
have been committed, says one of the
men answered the description of Matson.
Peter n. Gish Testifies.
Ex-Police Captain Peter N. Gish was
the first witness after the noon adjourn
ment. The defense used him chiefly
to cast discredit on "Doc" Wards
story of the finding of the slung- shot.
Gish declared that on the morning after
the murder was discovered he was at the
MatsOn house ahead of Ward and that he
shook thoroughly every rag or cloth that
was found over the murdered woman's
body, and that none of them contained g
slung-shot at that time.
On cross-examination County Attorney
Stafford asked the following questions Of
Gish:
Odd you not tell me at my Office
shot wasn't in the shawl, for you saw Dr.
Bailey shake it?
A-Possiblv said that
Q-Then if DR.. Bailey testified that he
did not shake the shawl out, you were
mistaken, were you not?
A-What 1 claimed was, and what I
still claim is, that the slung- shot wasn't
in that shawl until Dock Ward put it
there.
Captain Gish's testimony showed that
his memory was poor, and his answer to
nearly half the questions put to him was
that he didn't remember" His temper
was much ruff ed when he left the stand.
W. p. Rupp was next called by the
defense. and he impressed all who heard
him as an honest witness. His testimony
briefly told corro borated Gish. He said
he went to the Matson house the morn
ing after the discovery. He followed
Gish who led the coroner's jury. He
had helped Gish search the rags and had
failed to find anything.
Odd you hear of DOC" Wards dis
covery that day?
A-Yes.
Q-How long after you had searched
the rags?
About twenty minutes.
Rupp is the witness for the defense
who was in Kansas City when the trial
opened, and for whom an attachment was
issued. At that time the lawyers repre-
sented Rupp to be very important wit
ness and said they couldn't possibly pro-
ceed without him.
Nick Childs Testifes.
Nick Childs was the next witness for
the defense. He said he went to the
Matson house at 1880 on the morning
after the murder was discovered and was
there till nearly noon. He saw Gish and
Rupp searching among the rags. Or
cross examination County Attorney SAT-
! ford asked:
Q-You have been in the court room
all during the trial have you not, when
| all the rest of the witnesses were exclud.
ed?
Al have been in part of the time
Q-You heard all that the witnesses
said?
| A-Yes.
! Q-Who have you talked to about the
case?
A-Mr McNary. I told him didn't
know anything about it
Q-When did you change your mindf
Al don't know.
Q-As a matter of fact you heard al
the rest said and you just thought you'd
do little swearing yourself, didn't youi
| (Laughter.)
The question was not answered.
2. A Mcpherson, who is something Of
| an amateur detective, was called next
His testimony was not of much conse
quence. He found pair of nose glasses
in the house which evidently were tor
strong for Mrs Matson. There were
| spots on the glasses which he had an.
alyzed and found to be blood.
Not Tony Smiths Iron.
Mollie Hanley, colored girl wearing
a sun bonnet, who can rattle off dates o
things that happened months ago like
professor of history, testified next. She
lived next to Tony Smith, in the same
yard with him.
Q-You were familiar, were you not
with most of the things in Tony Smith
house?
A-Yes, sab, kase there wasn't man,
things there.
Q-You visited there often?
Ayes, was generally there ever,
five minutes in the day,