The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-03-13
LAWYERS TALK.
All Evidence is In in the New
els Case.
Attorneys Making Their Argu-
mentS This Afternoon.
CASE GOES TO JURY
TOmOrrOw-Jury May Be Out
Long Time,
AS Circumstantia1 Evidence
Makes Room for Doubt.

The evidence is all in in the Nevels
murder trial. and the case will probably
get to the jury by tomorrow afternoon.
The following concludes the testimony:
Mrs. Mollie Hanley, colored. lived at
Booge's fats on Crane street from jan
uary, 1894, to April 16 in the next fat to
Mr.. and Mrs. Tony Smith. She said she
never saw the iron bolt which Smith
claims to have had at that time
Band Leader John e. Marshall, super
intendent of the city electric light plant,
was produced by the defense.
Q-Can you tell whether the electric
lights were burning during Decem ber,
1894?
Mr.. Marshall referred to his record
and replied:
A-From the 9Th to the 18th of De-
Gem Der there were no lights.
Cross examination:
Q-It says on this record, does it not,
that the reason you had no lights was
that the boilers were being washed?
A-Yes
Q-Then you don't know that it was
moonlight that night 1t might have
been dark and cloudy, might it not?
Alt might, yes
This was TO show that the electric
light on the corner of Fifteenth and
Monroe was not burning the night of
December IL, the time Charles Mcmillan
claims to have seen two men standing in
the window with Mrs. Matson.
Harrison Jones. colored barber, said he
wouldn't take Tony Smiths word under
oath.
w. G. McCune, installment dealer,
said the same thing. He once failed to
collect bill from Smith.
Albert Nevels, the father of the &C.
cused murderer, was next to testify. He
said when his son was at his home in
December, 1894, he did not remain
secreted, but went out upon the streets
every day.
Mrs. Rosa Nevels the white wife of
Nevefs, was next called.
Q-Do you know when Mr.. Novels
went TO Winfield?
A-On Dec. IL, 1894.
Q-When did he return?
A-Dec. 21.
Q-Did your husband ever make this
slung shot in your presence?
Ale did not.
Q-Do you recognize any of the cloth
on this?
Alt looks like an apron Mrs. Smith
had. l shipped all their goods to them.
Q-Has there ever been any trouble
Nevels and Mr.. Hayden?
A-No
Cross-examination:
Q-When we're your married?
Ain July. 1898. at Kansas City, Kan.
Mr.. Nevels was at that time cook at the
Richelieu hotel, corner of Twelfth and
Broadway.
Albert Lee Spotwood Ellis, colored,
tried to testify but didn't know anything.
Mrs. Ellis, ditto.
h. E. Lowe gave unimportant evil
dence and the defense rested without
having put Novels ON the stand.
The state Immediately began the re-
buttaI testimony.
Both John Wilkerson and David
Bur6ge said on the Sunday after Nevels'
arrest they had told Mrs. Nevels that
her husband was now claiming he had
left Tope on Tuesday, December II,
instead of Wednesday, and she replied
that sit didn't mike any difference what
Frank said, he left on Wednesday,"
Fl. G. Larimer, Dave Burdge, John n.
Wilkerson, ]. r. McNary. Albert Nevels
and others, made experiments at the
Matson house Wednesday evening to
prove or disprove Charles McMillan's
story.
MIR. Larimer testified on rebuttal He
said three people standing in the north
west windows could not be seen at all
from any point on the Monroe street
sidewalk. He said the three people as
Sum6Q 60Nou QAu0E0ub pOSLLlOQSy Win
two lighted lamps in the room, and at
no time did the figures in the window ap-
pear more than heavy black shadows.
He could not tell the difference between
white and black persons. This expIodes
McMillan's story.
Weather Observer Jennings and 9th
ers gave unimportant testimony and ad-
journment was taken.
This Mornings Hearing.
~ vxyitn
the district court. They were Mrs. Mer-
p. sBolmar for the state.
she did not see Mrs. Sam Milton on
Dec 6. 1894, the day Mrs. Milton claims
to have seen Nevels in the ravine with
the slung shot as she was on her way to
Mrs. Merriwether'a
c. P. Bolmar testified about the tests
N ade at the Matson window, giving evil
dence unfavorAble to McMillan's story.
At 9:15 the evidence was declared
closed Judge Hazen sent the jury in
charge of the bailiffs to view the Matson
house at Fifteenth and Monroe streets,
while he prepared his instructions. The
jury remained an hour at the scene of
the murder. and after Judge Hazen had
delivered his charge to it, Assistant State
Prosecutor Arthur McC2be opened the
argument for the state at II o'clock.
He spoke for an hour and made a clear
and convincing talk.
This afternoon Defending Attorney
W. l. Jamison began the argument for
Nevels. He was followed by his col
league J. R McNary. D. c. TilIotson