The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-06-29
JESTER FIGHTS HARD
Old Man Using Every Point
of Defense
TO PROVE AN ALIBI
J. w. Gates Knows He Is the
Murderer.

Word was received here yesterday that
Sheriff Simmons, with Alexander Jester.
would pass through here on last nights
Santa Fe train, and quite q crowd were
al the depot TO see Jester. The prel!mi-
nary hearing in which Jester is trying to
prove an aHbI did not finish, however,
and only Mr. Gates, brother OF the MUIR
dered man, came.
Mr. Gates says there h no doubt that
Jester Is the same man who killed Gil
bert Gates. When Mr.. Gates went on
the witness stand he Immediately picked
out Jester and said: '1f you will exam
inc his upper lip you will find scar
under his mustacS1e." The scar was there
and only TESTERS persistence forces the
summoning of further witnesses. Gates
said last night that he could get a hun
dred people VINO would identify Jester
and that he meant to prosecute him 20
the bitter end.
A special to the Eagle from Guthrie
says:
Guthrie, o. r, June 81. ". Gates,
the wire and steel magnats Of Chicago,
has positively identified the old man
under arrest at Tecumseh as Alexander
Jester, who twenty-eight years ago muir
dered his brother, Gilbert Gates, IN
Audrian county, Missouri. He had not
the slightest doubt of the Identification
and wired Sheriff Nelson, the Missouri
officer who has been at Guthrie, to come
at once with the requisitlon papers. Gov
ernor Barnes accordingly honored the
requisiuOn of the governor II Missouri
and issued his warrant for Jester, Sheriff
Nelson leaving on the midnight train last
night for Oklahoma City where he board
ed a special train that had been provided
by Mr.. Gates. This morning Governor
Barnes received the following from Mr..
Gates:
Authorities refuse TO turn Jester over
on your warrant to Sheriff Nelson and
are postponfng until tomorrow's habeas
corpus proceedings. Wire Nelson at
Shawnee quick what course to pursue.
assume they win try to prove an abb.
No possible doubt about Ehis being the
man.
(sgned) 81. w. GATES"
In reply 30 the above Governor Barnes,
after consultation with the attorney gen.
eral. wired as follows:
John w. Gates. Tecumseh, o. T:
Authorities bound to give prisoner
twenty-fcur hours to apply for habeas
corpus before district court. II such ap-
plication made, matter will be subject
order OF court. Ny power exhausted when
I grant warrant
&C. NJ. BARNES, Governor"
It becomes apparent from the reading of
Mr.. Gates telegram that Jester, or Hill. |
as the prisoner insists on calling himself.
viii put UP hard fight against removal
TO Missouri. The statute under which his
attorneys are relying pending a deter
mination OF the habeas corpus proceed
ing reads:
Any person who Is arrested within |
this territory by virtue OF a warrant Is |
sued by the governor OF this territory,
upon a requisition OF the governor OF any |
other state or territory, as a fugitive |
from justice under the laws Of the
United States. shall not be delivered To !
the agent Of such state or territory until
notined OF the demand made for his sur |
rendering and given twsnty-four hours 10 |
make demand for counsel; and should |
such demand be made for the purpose Of |
sueing out a writ OF habeas CORPUS. the |
prisoner shall be forthwith taken 10 the |
nearest Judge OF the district court and |
ample time given to sue out such writ. |
such time to be determined by the said |
judge OF the district court"
The Indictment against Jester which |
was attached 10 the requisition papers
was issued in Monroe county. Missouri
and charges Jester with murder IN ,bA
hrst degree 1t is in the usual form en5
the names Of nineteen witnesses are on
oorsed on the back Of the Indictment 4
change OF venue was taken from Mon
roe county TO Audriaa county. but be-
tore the case came to trial Jester rna5s
nAs escape. The indictment charges tba,
tAe crime was committed on January .
lSl, or twenty-eieht years ago.
Governor Barnes Is in recent OF a ,a..a-
from s. NJ. Jester, OF Elkton, M,nnesot,
lnquirng about the man under arrss-
and stating that the writer had q br,,bsr
named A (. Jester who had disappeared
hearIy thirty years ago and has never
since been heard Of. The writer made
many inquiries concerning she prisoner
asked that photograph be sent him. and
concluded with the expression that he
had no doubt the plsoner was his long
lost brother