The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-07-27
EVIDENCE IS ALL IN
Jester Case Will Go to the
Jury Next Week.
EXPERT TESTIMONY GIVEN
On Floating Bodies--Sixteen
Hours for Argument.

| 81 " the jury next 1uSSOay. Inc cOurl
allowed sixteen hours for the arguments
Jester is confident that he will be ac-
quilted, while the state is equally con-
fident that he will be convicted.
The defence yesterday put on the
stand a number of witnesses to impeach
the testimony of William Shrewsbury,
who testified that ne saw the murdered
mans body in defendants wagon near
Hulen Lane.
Omar Webb, a druggist Of Jasper, Mo-,
was the first witness.
asked Attorney Cullen, TESTERS chief
counsel.
Yes, SIR
what is his reputation for truth and
morality?"
1T is bad" replied the witness.
On cross-examination Webb admitted
that he (CWebb) put up prescription with
out being registered pharmacist.
The next witness was w. H. Ward.
He resided on a farm near Jasper and
was acquainted with w. S. Shrewsbury.
He testified that his reputation for truth
and morality was not very good His tes-
| timony was unshaken on cross-examina-
| ton by Forrest.
At this point the defense asked the
court for the privilege of reading a por-
ton Of the testimony of A. A Gates
before the justice of the peace of Paris,
Mo-. on May %, 1911 There was no OBJ
| lection and Mr.. Cullen read the portion
which related to A. A. Gates finding a
portion of his sons trunk at Jester
! home in Kansas.
Some of the witnesses for the state
swore that they saw Jester burn this
trunk while enroute to Kansas on his re-
turn from Indiana The defense also
read from this long-ago Testimony of Mr.
Gates where he swore that he wrote for
Gilbert to sell his team and come home
and to not let any one know that he
had the money. Mr. Forrest asked the
court for the privilege of reading the
whole testimony of Mr.. Gates and 1t
was granted.
The last witness for thedefense was
DR.. c. H. Graves of Confer, Mo-, who
gave expert testimony on floating bodies.
This question was put to the physician By
Attorney Allison:
Suppose a person dies or Is killed on
January Is, 1871, when there is IS inches
of snow on the ground and it remains I'M
til February l of that year, then goes
off with rain, which causes the creek to
rise and the ice to go out with the
water, would that body float under such
condiuons?"
This question was objected to by the
state but the court oveTvuled the objec-
ton and the witness replied that body
would not float under such temperature
as decomposition could not have set in.
On cross-examination, DR.. Graves said
that some bodies would float in one day.
1t depends upon the gases caused by de-
composition. When the last question was
asked and answered by DR.. Graves, At
torney Allison stated that the defense
rested It's case.
The state Immediately put on testimony
in rebuttal to prove that w. S. Shrews-
burys reputation was good The first wit
ness was Park Crutcher of Van Buren,,
Ark, where Shrewsbury resides. He
swore that Shrewsbury's reputation at
home was good. On cross-examination
the witness admitted that ne had receiv-
ed $50 from detectives for which to get
witnesses to testify to Shrewsburys good
reputation.
Frank Warren. Van Buren, Ark, testi-
fed that he knew Shrewsbury and his
reputation was good. He had heard his
reputation discussed and he believed that
Shrewsbury was honest
NJ S. F1tzhu, also of Van Buren,, Ark,
who is state senator, swore he knew
Shrewsbury and that his reputation was
good. He associated with Shrewsbury IN
a business way.
When court convened in the afternoon
Judge Eby was informed that all the
evidence in the case was before the
jury. He told the attorneys ne would
allow each side sixteen hours in which to
argue the case. This will be two days to
each side, as court only holds eight hours
a day. The case VIII probably go to the
jury next Tuesday evening. Court then
adjourned until this morning
The argument begins this mp"nIng
When both sides rested the aged pris-
orer said:
I am glad the ordeal is over, for
give everyone who has testified against
me. Their consciences and their words
are in the hands of their God and with
him they must settle. am innocent of
the killing of that poor boy Gilbert Gates
and believe that in time he will be found
alive and well. 1 expect TO return to Ok
lahoma IN time 10 preach Sunday week"
There were tears shed In court Wed
nesday afternoon while Harvey Jester OF
Oklahoma, was on the stand testifying in
the interest of MS old father. Alexander
Jetser Father and son both wept and
the examination was discontinued for a
few moments The witness said that
he resided in Oklahoma and was 30 years
old. He Is the oldest living son OF the
prisoner and was the first Jester 70 De
placed on the stand. More than likely he
viii be the last It IS stated that the
defendant viii not testify in mis- own be-
half
The witness testified as to his fathers
financial condition before he left Kansas
for Indiana in the winter Of ISL He said
in part: Father owned an S0-acre farm
in Woodson county. Kansas and sold 4
for SSse-$io0 in money and notes and
mule team and pagon-before he left
SedEwick county for Indiana. He also
had forty or fifty head OF cattle. He had
something Ike 500 when 7se departed and
said he was going to buy another team
and bring his sister back 20 Kansas WITH
him. When ne got back to Kansas with
his sisters family he was arrested. hand
cuned and taken away. After breaking
Jail AZ Mexico ne returned 70 his home
in Kansas and stayed over night He
then left on HORSEBACK ard vas not heard
OF by his family fo- years. He di6 not
write while in Texas. Aoou: the tirae
% - 7
from father, signed u. A Hill who !
was thea IN Oklahoma / vent 20 Okla
homs with my family