The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-01-03
MRS. BURNETT HELD.
For Her Appearance in District
Court on Charge Of Perjury.


The state will endeavor to prove that
Mrs Burnett's testimony in the Collins
trial was totally false. Ralph Cav,
stenographer in the district court, will
be a witness for the state to read the
testimony the defendant gave at the
trial, and Ella Buchanan, the colored
girl who Mrs. Burnett testified was
with her on the morning of May IS,
and who called her attention to the man
on the roof of the Collins house. The
colored girl afterwards testified that
she was working for Mrs. Buchanan
at the time and that she saw the man.
Later she denied ALL Mr.. and Mrs. G.
II. Berry have been Subpoenaed to teS-
tify that Ella Buchanan was prepar-
ing breakfast for them on the morning
of May ID. Policeman Dave Close is
the complaining witness, but will prob
ably not testify at the preliminary.
The witnesses for the defense are Mr..
and Mrs. James Burnett, Mrs. Middle
ton and E. Thompson of Scranton. Mrs.
Burnett was indignant when she was
arrested, and when she found that
Policeman Close was the complaining
witness she became Infatuated and told
Close she would get even with him if
it took her all her life.
Sheriff Cook was requested by the
defense in the Collins trial to subpoena
Mrs. Burnett and Ella Buchanan. All
the other witnesses had been SUBJ
poenaed by the defense and Sheriff
Cook thought it queer that he should
be called upon for those two witnesses.
He went to the house about nine O'Clock
and a woman came to the door. He
asked her if she was Mrs. Burnett and
she said no. Sheriff Cook was certain
that she was. She shut the door in his
face and he forced it open. She refused
to take the subpoena and he read it to
her and asked for Ella Buchanan.
Mrs. Burnett said she was not there,
but Just then the colored girl came in
RErn6ft nl3H-
ed her hand over the girls mouth and
showed her into another room. She told
the sheriff to come again at IL o'clock
and serve the papers on the girl Sheriff
Cook returned to the court house and
told the attorneys for the defense that
the woman would probably leave town.
With the lawyers, he returned to the
house and served the papers on Ella
Buchanan.
At 20 minutes before the time set for
the trial Mrs. Burnett, accompanied by
Deputy Constable Ross and her father
and mother, left the county Jail for the
court ROOM. The court room was well
filled when she reached there and she
stood the scrutiny of the crowd without
annoyance.
She was dressed in plain black skirt,
black jacket and a black leghorn hat.
Several ladies crowded their way into
the court room and stood through the
trial.
Assistant County Attorney Galen
Nichols conducted the case for the state
and E. A Austin and E. G. Wilson for
the defendant.
Ella Buchanan Mr.. and Mrs. Barry
Ralph Cav and Patrolman David Close,
the prosecuting witnesses were sworn.
Attorney Wilson moved that the war
rant and complaint be set aside as there
was not enough evidence to hold the
defendant. Judge McCHntock over
ruled the motion and Ralph Cav took
the stand for the defense.
Mr.. Cav swore that Mrs Burnett
testified in the Collins case that she
went to Scranton the evening before the
murder of J. s. Collins and returned
the morning of the 18th, at about 4
O'Clock. That when she returned she
went to her home and then, in company
with Ella Buchanan, walked to Eighth
and Van Buren,, on Van Buren, to Sixth,
She gave her opinion that it was a light
complexioned colored man. She testi-
fed Ella Buchanan was working for
her at that time. She testified that it
was about $40 or BIS.
On cross-examination nothing further
was brought out.
Mrs. Clara Barry was the second wit
ness called by the state.
Mrs. Barry testified that Ella
Buchanan had been in her employ
several times and worked continuously
from the 1st to the 18th, and that on
the night of the 18th of May and on the
morning of the 18th of May she awoke
Ella Buchanan at O'Clock. Ella
Buchanan was sleeping in the same
room with her and she remembers dis
tinctly of awakening her on the morn
ing of the Collins murder. Mrs. Barry
is the wife of Fireman Barry, who is
employed by the Santa Fe.
On cross-examination the attorney for
the defense endeavOred to show that
Ella Buchanan had been in the habit
of absenting herself from the Barry
house but the witness Stoutly asserted
that the girl had never been away later
than 10 o'clock at night and that she
was never away all night. She remem-
bered distinctly that she employed Ella
Buchanan from May LIST to 18th and
knew that she paid her on the 18th, two
days after the Santa Fe pay day.
The next witness called was Ella Blu
chairman. She testified that she work.
ed for Mrs. Barry from May 1St to the
18th. She was certain she worked there
on May 10. She was positive she had
not been at Mrs. Burnett's on the days
of May 18th or 18th and she had not
walked with her past the Collins house
on the morning of May 18th. WAS the
statement Mrs. Burnett or Mrs. Blu
chairman at the Collins trial true or
false?" asked Attorney Nichols.
81 object" said Attorney Wilson.
THAT is a question for the court to
decide" said Judge McClintock.
Did you testify at the Collins trial?"
asked Attorney Wilson on cross-eXam-
Il object" said Attorney Nichols
objection sustained" replied Judge
Did you testify seeing man on the
Collins roof?''
81 did,
ibid you testify that the man was a
light comp1exioned colored man or a
dark complexioned white man?'
81 did not
Justice McClintock announced at the
conclusion of the testimony that the de-
PENDANT would be bound over.
Inaugurated Without Ceremony.
Bismarck, N. D., Jan. 3.-State Off
GERS elect were inaugurated today with
out ceremony. Governor-elect Fancher
and other state officials took the oath
of office in a body before District Judge