The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-11-03
MAN WITNESS Fails
Prosecution on James FilSon'S
Preliminary.
WARM SCENE IN COURT
Ben Green's Memory Fails
His Fathers Statement

Guthrie. 0. T., Nov. 2.-The prelimin-
AIRY hearing Of John FHson is in progress
at oklahoma city. Filson is charged
with the murder OF John Nulk, an old
man, last December. The examination
has developed some sensational features.
From the Times-Journars extended write
up the following is taken:
Some weeks ago John Filson was
placed under arrest, charged with the
murder of John Nulk. the aged farmer
who was brutaIly killed in a wagon
while on his way home from this city in
December of 1898, and his hearing for the
crime is being held in Judge Jones court.
The examination became sensational
IN the extreme at the beginning Of the
real testimony that was introduced.
The frst witness was DR.. Satterfield
who was the coroner at the time and who
examined the body His testimony was
unimportant except to prove the murder
and the commission of the crime in the
manner alleged.
The second witness and the last heard
at the morning session was Ben Green,
who was one Of the witnesses for the
prosecution by whom it was expected to
prove positively that the crime was com
mitted by Fison the other witness be-
ing Green's father. Upon the examina-
ton Of the witnesses the questions were
asked of him about his being an eye
witness TO the scene of the killing. His
answers were so different from what At
torney Mitchell expected that they came
in the nature of a surprise to him and
for an hour the attorneys had a wordy
battle as to the admissibility Of the evil
dence. Green could not or would not
remember any Of the details of the crime
as he had reported it to the officers or
attorneys and it was impossible to get
him to make statements that In any
way. connected F5lson with the case. He
said that he saw two men in a wagon
that day and that this was all that ne
could remember distinctly. as It was
quite long time ago, he could not re-
member the appearance Of the men eX-
cept that one was younger than the
other He thought that one was sit
standing up. He could not remember
anything that looked like an assault by
the young man on the old man.
The answers that were made were so
disconcerhng to the prosecution that MIR
Mitchell arose and made this statement
to the court: "Your honor, this wit
ness either is lying now or he lied To
Mr. Taylor myself, Sam Bartel and Mr.
Medley not four weeks ago At that
time he told US minute circumstances in
regard to the killing of Mr. Nulk that
only an eye witness could have known
or the person that committed the muir
der. Either this man was an eye wit
ness to the crime as it was cimmitted
ard knows who did it, or he is the muir
derer himself, and we want to show by
his testimony and make it of record
that he does know or refuses to testify
Ia regard to certain facts in regard 70
the case. He is either lying now or
he lied to the prosecution and caused us
to have FIlson arrested by his lies to us
and we want to show this to be the case
to the court"
The statement was sensational in the
extreme as the witness was a witness
for the prosecution and by him they ex-
pected to prove that John Fllson was
seen in the act Of hitting Nulk in the
head with an iron bar by the witness
and his father. After a wrangle the ex-
animation was adjourned until afternoon.
The witness was placed in charge Of a
banin and was taken out The prisoner
was returned to safe quarters
The witness. Ben Green. and his father,
were each brought to this city some
weeks ago and In a large crowd of men
they unhesitahngly picked Filson as the
man that they claimed to have seen
commit the crime on the December after
noon that Nuik met his death The
witness and his father at that time made
statements Of witnesses that FIs0n was
the man they saw strike the blow and
they agreed that 81 Filson was arrested
they would come here at the examina-
ton and trial and would tell the follow
ing facts In the case: "That they were
on their way from Chickasha to this
city ia a wagon; that about noon of
the day on their way here, after the
noon time meal they saw a team run
ming towards them as though 1t was run
ming away and that there were two men
IN the wagon struggling. Green told his
father that they were fighting but the
father said that 1t was only Christmas
drunk They saw the young man strike
the old one in the head with some kind
of a club and tina the old one fell to the
bottom Of the wagon, that the horses
turned north AT the corner about one
hundred yards from them and that they
saw the younger man distinctly. 1t being
about o'clock with the sun shining and
thar the young man YVES The one shat
they had identified on the street snd who
was arrested and was John Filson- That
al night they saw a large crowd Of men
around a wagon here IN the city ana
went MP 1t and that they recognized st
as the wagon they saw the tvo men
struggling ln ia the afternoon. That they