The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-08-23
TRIAL NEAR At HAND
Alexander testers Case Will
be Called September !
AT MEXICO, MISSOURI
Prosecution Is Preparing to
Fight an AIibi.

Sheriff Simmons will soon begin, TO serve
subpoenas for witnesses in the Jester
case. It is said that over 800 witnesses
will be used in the case and probably
twenty-five will be taken from this coun-
~. The date of trial is September L
The prosecution announces that 1t will
be ready for trial, and the counsel
for the prosecution think they have very
complete case and viii secure convic-
ton of old man Jester. Two OF the best
criminal lawyers in the United states
have been secured to assist the prosecut-
ing attorney OF Monroe county, MISSOURI
The trial and conviction of old man Jes-
ter will cost Millionaire Gates probably
ten or fifteen thousand dollars.
A conference OF the attorneys for the
prosecution of the case was recently held
in the ONCE of Ex-Governor Charles p.
johnson of st. Louis. There were present
Ex-Governor Johnson, William s. Forrest,
Of Chicago; T. T. Rhodes, prosecuting at
torney for Monroe county, and ]. II.
Rhodes, his brother and law partner, be-
ing all attorneys for the prosecution in
the case Mr.. Forrest is one of the best
known criminal lawyers In Chicago, and
was one of the attorneys in the Cronin-
Coughlin cases in that city. He has been
retained by John w. Gates. brother of the
murdered man, and president Of the wire
l,Az oil 4 Cove ~.
johnson, one OF the best criminal lawyers
in Missouri.
The conference began early in the fore
noon and continued throughout the day.
It was the first meeting that the attor-
neYs had had and the condition of the case
was gone over in detail. Before Jester
escaped in 1871 there had been a change
of venue taken and the case was sent to
Audrain county and there 1t must come up
now, at Mexico, The advisabihty of TAX
ing the case back to Monroe county and
trying 1t at Paris was discussed at the
meeting of the attorneys, but there was
no decision arrived at on that point. Be-
fore Jester escaped he had been indicted
and the case placed on the docket of the
Audrain county court
Governor johnson said that the counsel
had been really surprised at the amount
of testimony secured. The evidences taken
before the Justice of the peace at the pre-
liminary examination held in May, 1871,
was found last week and this will secure
for the prosecution the evidence Of nearly
all Of the witnesses who have died. The
supseme court of Missouri has held that
where a witness has died the testimony
that he gave at the preliminary examina-
ton may be introduced after proof of
death. Governor Johnson says that, in
addition to this testimony of the dead,
the prosecution will be able to bring for
ward about 300 witnesses for the purpose
of proving various facts.
1t is said that when Gilbert Gates left
his home to go to Emporia, Kansas. he
went to move a family-ey the name Of
Hazelhurst, and the family has been To-
Gated since TESTERS arrest. A number Of
people have been found who will testify
to the fact that Jester passedthrough
Paris the day after the killing, driving
both his own team and that which Gates
had owned. The fact was impressed upon
them by the fact that Jester had with
him a buffalo calf. The father of the
murdered man is still living, nearly so
years old, and he 1t was who traced Jes-
ter from Indiana to Wichita, and arrested
him with his sons team and clothing still
in his possession in 1871. The father will
be at the trial to testify against his sons
slayer. There Is one link missing in the
testimony. The body Of the murdered
man was never found. An effort win be
made. however. to have the lapse of time
supply the corpus delictL
Governor johnson said that he supposed
the case would be tried some time in
September 1t will be called in the Au-
drain county court on the first Monday
In September. II the case is taken back
to Monroe county for trial, there will be
some delay. The trial of the case will
take about a months time, and will prob
ably be one OF the celebrated cases in the
history Of the Jurisprudence of Missouri,
especially from the standpoint OF circum-
stantial evidence.
The Globe Democrat says:
Mr.. T. T. Rodes, under whose direction
the evidence In the case was worked UP,
was seen last evening at the Planters no.
tel and said: I'VE conferred on general
matters and made beginning in the
way OF sitting and arranging the mass
Of evidence which has accumulated In
the investigation OF the case. Our belief
is that the defense will try to establish
an abb. There is no question in our
minds that the Jester under arrest at
our town is the Jester who killed Gates
in 1871. and We are collecting evidence to
establish this and TO break down an abb
II one Is attempted. He claims that his
name is William Alexander Hill and that
his mother married a man named Jester
when he was IS years old and that he
went by the name Of his stepfather until
he tried to get a pension Although he
enlisted under the name OF Jester. he
tried to get the pension, he says. under
the name OF Hill, but was unsuccessful.
| Our task has been a greater one than Is
| generally supposed. In brief. We have to
| account. for every hour of the mans time