Mexico weekly ledger., 1900-08-02
lEsTER's som WEpT.
His Affecting Testimony Brought
Tears to tho Eyes of Jurors
and Attorneys.


statement made in Kansas in 1871,
and published recently, as the flesh
fits the skeleton.
Tomorrow closes the evidence for
the defense. Some rebnttal testimony
will be offered by the State, and then
the Argument begins.
W II. Owenby was, in 1871, iailer
ct Paris, Mo. He had no recollection
OF a man named Shuck coming about
the jail In 1871. He did not remember
Of man coming there to see a pris-
oner and breaking down and leaving
the jail crying.
James McMorris, Of Monroe county,
testified: "In 1871, or year later, I
saw the carcass OF COW going down
Reiss Greek. This was in the latter
part of March or the first part of
April, think, and ! remember no Ice
In the creek"
Harvey Jester, of Oklahoma, the
defendant's Oldest son, testified: ssI
worked in Wichita in the spring of
1870. l worked In hotel and when
father came after me to take care of
the family while he went to India
ma. drew my money and went
home. In the meantime father had
sold the cattle.
II went with father % far as EN-
poria to bring back a wagon he had
left there for repairs. Father started
with four horses, two sets Of harness,
one wagon, buffalo calf, dried buff
falo meat and all osher necessary pro-
visions. Father counted bis money
In my presence before he left Empo-
Ia and he had over $3.50, He said he
expected to use this money to buy an
outfit with which to bring bis sister
and family west. had about $50,
which gave him.
"He went on to Indiana and then
home. / heard from father while he
was In Illinois. He said be had bought
a team. About May father return
cd home, and In a very few moments
he was arrested and handcuffed.n
The witness cried bitterly.
"'My God, what Is this for2' father
said.
"'For the murder of Gilbert Gates
replied the officers.
WYes. bought that team Of Gil
bert Gates and paid him the money
for IL, $780, said father.
"Father was tried and sent to Mis-
souri,. In 1879 saw him at home
He only stayed day and night. !
saw him before he left. We next
heard from him in Oklahoma. His
name was signed W. A. Hill. never
saw any Of the Hill children until
1894, when visited father. was in
troduced as his nephew and my sister
as his niece. The Hill children never
knew 1 was a con of Alexander Jester
until he was arrested In 1s9e,p
Here Jester again broke down and
cried. Jester was on the stand two
and half hours.
ARGUING JESTER CASE.
NEW LONDON, July 26.-Both sides
have rested In the Jester case and
while Judge Eby prepared the In
structIons to the jury the lawyers are
preparing for the supreme conflict Of
this great legal battle. The argument
begins tomorrow morning.
TESTERS BRIEF ADDRESS.
When both sides rested the aged
prisoner said; 81 am glad the ordeal
is over. I Iforgive every one who has
testified against me. Their consclenees
and their words are in the hands Of
their God, and with him they must
settle. l am innocent of the killing
Of that poor boy, Gilbert Gates, and
believe in time he will be found alive
and well. expect to return to my
Oklahoma home in time to preach
next Sunday week."
Mr.. Cullen read part OF the testi-
mony Of A. A. Gates, given at Paris
in 1871, in which he states that he
found a part OF the lid of bis sons
trunk in TESTERS possession. he also
stated that In answer to an inquiry
from his son, he wrote the boy to
sell the team to the Engliah boys Il
he thought best, but to allow no one
to know he had the money.
Mr.. Forrest then read the entire
testimony Of A. A. Gates, given twen-
ty-nine years ago.
Mr.. Cullen read to the jury the tes-
timony of Harvey Jester, given May
8, 1871, at Wichita, Kas. 1t is brief
and agrees substantially with Whist he
said yesterday.
The State and defense rested the
case at 1880. Judge Eby announced
that two days OF eight hours each
will be given to each side for argu-
ment. The counsel for the State fur
nished the counsel for Jester q copy
Of the evidence, consisting of nearly
5000 pages.
The time will be divided as follows:
For the State, J. H. Rodes, three
hours; Hays, hour and q half; John
son, three and half; T. T. Rodes,
four; Forrest, four. For defense,
Mcintyre, three; Allison, FIVE; Cullen,
eight.
M'NTYRE's ARGUMENT.
NEW LONDON, Mo-, July T.-Two
hours previous to the argument in the
Jester case the courtroom was packed
BY q crowd of lawyers and citizens
eager to witness the great legal bat
tie.
The instructions to the jury define
circumstantlal evidence and are quite
comprehensive in their scope. They
make q verdict In the second degree
possible, with punishment Of term
in the penitentiary Of not less than 10
years.
After ]. II. Rodes had argued for
the prosecution, ]. 8. Mcintyre, Of
Mexico, Mo. ), spoke in behalf of Jes-
ter. His address was carefully pre-
pared, aboundlng IN classical Illusions
and well rounded periods. For four
/ honv. he anoha In aunnort of the ao-