The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-07-13
He HURT THE CASE
Father of Gates Doesn't Make
a Good Witness.
he LOSES HIS TEMPER
Says He Could Have Prose-
Cuted Jester Before.

The Jester trial is at last fairly under
way, the taking Of testimony having been
begun Wednesday afternoon. After the
states case had been presented on the
lines laid down in yesterdays paper, P.
H. Cullen, counsel for the prisoner, took
the floor and stated the defense. It al
ieges that Jester bought Gates outfit,
paying him $3.50, and that they separated
near Middle Grove, No, in broad day.
light in a public place. 1t is alleged that
Jester traded his valise for Gates trunk
and also his watch and some other
things This is expected to explain how
it was that Jester not only had Gates
outfit but also his clothes.
In closing his case to the jury Mr.. Gull
len said that there would not be a wit
ness testify at this trial who was not
directly or indirectly a beneficiary of
John W Gates millions. It was admit
ted that the prosecution furnished the
witnesses money to pay their expenses
here but it is claimed that it is per-
fectly legitimate.
It was about 2 o'clock wednesday af-
ternoon when both sides had completed
ready for the evidence in the case. The
first witness was Azel A. Gates, father Of
the missing boy, and also father of the
steel king John W Gates. He is an old
man aged 81 years. He lost his temper
several times during the cross examina-
ton by p II. Cullen, the prisoners
leading counsel. 1t took the lawyer and
the Judge both to hold him down. It is
= -
smash with the states case. He al
lowed himself to become fretted and de-
MED the statement he swore to before a
justice of the peace at Wichita, Kan,
in ISL His name was officially signed
to he statements he denied with much
emphasis.
Later the father. while talking TO a
correspond Mt before t'e oo,rt opened
yesterday morning made this rather
startling statement:
II could have brought the case up
FIVE years ago but did not want to do
so. A certain man wanted to do it, but
I would not consent"
Mr.. Gates said that when Mrs. Street
wrote that letter telling the public of
the alleged crime of her brother, moth
ing would do John W. Gates but the
prose ution Of Alexander Jester for the
Murder Of his brother. 1Ir. Gates added:
Il believe 1 have suffered more in this
case than Alexander Jester.
J. c. Richardson, recording clerk of
the Office of the secretary or state Of
Kansas, was pat on the stand to testi-
fy as to the transcript taken from the
records Of the justice Of the peace dur
ing the preliminary trial in Wichita,
Kan. in 1871.
Charles HaZelhurst who accompanied
Gilbert Gates from St Charles, H. in
1871 10 Kansas, was a witness yesterday
in the trial He described the articles
found in the possession or Alexander
Jester, when arrested at Wichita, as the
same that Gilbert Cafes had when he
left his CHazelnurst' s. home 70 return to
Illinois. Mr.. Hazeihurst has been on the
stand since yesterday afternoon and was
considered one of the strongest witnesses
for the state until the defense stated
that they admitted Jester had some Of
Gates clothes, also his watch gun, dog,
etc, but that they We're included into the
outfit Jester purchased from the young
man when they separated near Middle
Grove, Mo.
A number Of witnesses have been sum
moned from this county on this case. and
will be put on the stand in few days.
All of them were acquainted with Jester
in the early days in this country, and
some of them had dealings with him
while he lived on his claim near Valley
Center. According to the statements
which have been made about him by some
Of the witnesses, Jester was not consid- /
cred sood chargater in those days
and needed watching in many transac-
tons Those who have been subpoenaed
at this time are. Mr.. and Mrs o. G.
Jacobs lci2 North Lawrence Mr. John
Demott, city. Samuel Perrin. Valley Cen
ter and Almon E. Dodge who was a jus
tice Of the peace number of years
years ago in this county.