The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-12-22

Q.-What time was it?
A.-Between z and 8 o'clock. It was
getting dark.
Q.-HOw did you get away from
theree
Al slipped out of there and got
away as quietly as I could. I was
frightened because I thought if they
discovered me they might do away with
me
Q.-Where did you go?
Al went home.
Q-When did you first tell any one
about this?
Al didn't tell anyone until last Sat
urday night. heard the trial was over
and thought I wouldn't be bothered to
come up here.
Q.-When did you come to Topeka?
Al got in here about 4 or o'clock
Did you talk to anyone for the
defense before you talked to me?
A.-NO. sir.
Q.-Who did you say anything about
this thing to?
A.-To only two men around home.
Q.-WhO told you to come to Topeka?
A.-Mr- Ralston,s a lawyer in Burling-
ton told me you had sent telegram
for me to come.
Q.-W hen was that?
A-Yesterday morning.
ed to?
Add Johnny Holt. colored man.
and Mr.. RalstOn.
Updegraff Examined.
Updegraff was cross-examined by Attor-
ney Safford but .persistently chung 70 the
to state the day. week or month he heard
the discussion of the two men, but said
he remembered distinctly that it was two
weeks to day before the murder. He
had no explanation to offer of rne cir0uIl-
the particular box car win hols i1 he
iOOr ana tine men seckilS @Ie-tz- v.. hill.
as he stated there was long string of
box cars standing on the track He was
unable to give any reason for not speak
before
Saturday night. only 20 say that he didnt
want to get mixed up in the case. He
said that when he went to the station it
was deserted with the exception of the
two men, and that as far as he knew no
one else saw the men. He admitted that
there was ample shelter from the rain un-
der the caves of the Santa Fe station, and
had no explana ton to offer to why the
men should have sought the box car to
At the conclusion of the cross-examina-
tiOn the attorneys for the state consulted
with Judge HaZen. and announced that
upon their request the case would be con
tinued until o'clock in the afternoon.
This .postponement was taken SO that the
states attorneys might have time to con-
suit together and determine whether or
not not an tattempt % shogld be made to rebut
County Attorney JetmOre stated that
it was likely the state would make no
attempt whatever to rebut the testi-
Ihony as it was not considered worthy
of belief. He said he had a telegram
from the sheriff of COhey county say
ini. that Updegraft is a dead beat"
and in coming to Topeka was simply
after witness fees.
Information of the fact Of Upde-
CRAFTS coming to Topeka. was secured
b. the attorneys for the prosecution late
Yesterday afternoon and Dell HarbauEh
left last night for Burlington. He teIe-
graphed this morning that Updegraft's
reputation for truth and veracity could
be impeached by reliable business men
of Burlington.
On the other hand the attorneys for
the defense have a letter and telegram
stating that Updegraft is reliable. The
telegram is from J. A. Kennedy, a
to Attorney GODDARD last night. It reads:
sidney Updegraff who goes to To-
peka tonight is honorable, honest and
truthful"
The letter to Mr.. GODDARD is from At
tOrney RalstOn of Burlington. He says
Mr.. Updegraff is honora BILE and re-
spectacle and you need have no fear
that his reputation for truth and YER
acity will be questioned by anyone here.
Rest assured that he cannot be i'm
peached by any respectable citizen
here
The attorneys for the prosecution
laugh at the story told by Updegraff.
The laugh is shared in by the majority
1t is looked on generally as a cock and
bulI' story, and but little credit given
it. It is even doubtful if any of the
friends of the Collins family believe it.
If the states attorneys decide to re-
but the testimony of Updegram the case
will have to be postponed until tOmOr-
row morning in order that the witnesses
may be brought here from Burlington
At 2 o'clock this afternoon Judge Ha~