Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1900-08-02
Aged Prisoner Found Not Guilty Of
the Murder of Gilbert
Gates.
End Of . Famous Murder Case
The Jury Was Out Eight
Houra
Crime Of Which Jester Was Charged
Was Committed Many
Years Ago.

e&ander Jester, charged With having
murdered Gilbert Gates near Paris. Mo,
in 1871. The old man. taken from his
Oklahoma home at the end of the CEN
fury to answer to a twenty -nine year
old charge, is free.
w. S. Forrest of Chicago, employed by
John w. Gates brother of the dead or
missing boy, to aid in the prosecution of
the aged prisoner closed his speech at
noon Wednesday, Half an hour later
the jurors retired to consider the evi-
dence. Their deliberations ended at $50
p. m. in the formally expressed opinion
that Jester is innocent.
When the jury filed in the courtroom.
was filled With an expectant throng.
Eager faces bent forward and Watched
closely every motion OF the twelve men
who would decide TESTERS fate.
Judge Erby promptly addressed the.
foreman of the jury, Joseph Barry and,
asked il the Jurors had come TO a con-
clusion. Barry answered quietly in the
affirmative and handed the verdict to.
the Judge. The latter, unfolding the pa
per, scanned it a moment and then
read:
We, the jury, find the defendant, AL
exander Jester, not guilty.
The old prisoner. bent with age and
worn with watching. sat aa if dazed for
an instant, While the spectators, at first
too amazed to realize that the trial had
go quickly come to an end, watched the
actions of the judge in breathless 81
lence. Jester, finally realizing the ln4
port of the words, arose and. his face
fairly beaming with JOY, moved toward
the Jurymen and thanked than.
A moment later the spectators gave
vent to their feelings in a shout that
made the court room ring. Then With
& common impulse a rush was made for
the man who had made SO brave fight
for his life in his declining years. and
almost smothered him With congratulate
tons
Three ballots were taken in the jury
room. The first stood nine for acqIitta!
and three for murder in the frst degree.
The next stood ten for acquittal and
two for conviction. The third and last
Was unanimous for acquittsl and was
given with a shout by the tired jury
men.
AS soon as Jester could tear himself
away from those who crowded about to
Congratulate him he hurried TO his no.
te! and was soon the center of a happy
group made up OF his children. Harvey
Jester, VIII and Alice Hill, who quietly
rsjoiced. Jester will leave here at once
for Oklahoma to his old home, Where he
S Was arrested two years ago.
When the verdict was made known Ii
caused general rejoicing turnout the
town.
In the testimony given by Azel A.
Gates. father of the murdered boy. We're.
the allegations upon which the state de-
pended for conviction, Briefly they
We're these: Early in the fall of 1870 Gill
bert Gatesleft his home in West Ghica-5
go on hunting trip thru Missouri
While travelling in that state he was
met by Jester. The pair were seen to-3
gether. and then Jester appeared alone
with two teams'-oIe of them his own
and the other that belonging to the
missing boy.
Mr.. Gates traced Jester and his son
thru Missouri until all track OF the boy
vanished. Then he followed Jester into
Illinois. and satisfied himself that young
Z Gates had been foully dealth with a
few weeks later Jester was arrested in
Kansas, and young Gates property Was
s
leo, Mo. where he escaped from jail
while awaiting trial That was early in
1871.
Nothing more was heard of him until
he war arrested in Oklahoma last sum
mer on the complaint of s3sis.es, Mrs.
4 Cornelia Street. Jester had been living
under assumed names for nearly thirty
years.
The trial began July with the selec-
ton of a jury. This work was finished
In two days, and the taking OF -s!Gsnea
was commenced July Il ~ Never wera so
many witnesses seen III a courtroom in
this part of the country. Missouri sup
Z pied seventy-nine. Indiana thirty. IlM-
nois fifts-ciae, Kansas athirty-five Texas
twelve and SDklahonl nine. These made
total of 206 Witnesses who appeared
for the prosecution Most of them were
quite old, a fact not to be wondered at
when it is remembered that the crire
for which Jester has been tried was
committed thirty years ago.
Frank Shuck, of ST Louis. testified
that he had seen Jester and Gates in
company on the road near Renick, Mo
Soon afterward he saw Jester near Sid
ney. This time Jester was alone and
had two wagons. The accused had told
Shuck that Gates had cut his own
throat. On July "a the state rested its
case after putting numerous respect
able citizens on the stand, who swore tic
the good reputation and character OF
the witness for the prosecution
The defense was begun by placing or
the stand Harvey Jester, son Of the ac-
cused, who told the story of his fathers
life az he knew it. He said that when
his father started. upon the journey
during which it was claimed he killed
Gates he had two teams and two
wagons He carried about his person
$3.50. While in Illinois Jester had writ
S ten home that he was doing we'll anc
that he had bought another team HI
did not see his father again until hi
was arrested on his arrival home
While he was giving his testimony Mr.
Jester broke down and wept Many
members Of the jury were visibly af.
fected. Other witnesses called by the
defence testified az to the character OF
i the accused.
On July Is the defense closed and the
7 attorneys began their addresses to tn.
Jury.
Lsoking for Missing Cashier.
& III. Paul, Aug. 2.secretary jackson
ot ~ slate board Of correction ant
~ ~ N