The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-11-28
TO MAKE BEN
CRAVEN'S LOAD
THE HEAVIER
Defense in Bert WeIty's Trial
Outlines Its Course.
MOTION FOR CONT INUAN CE
Is Submitted, Which Saddles
Crime on CraVenS.

Guthrie, o. T., Nov. 27.-The case OF
Alvin Bateman at Red Rock. which is
being tried in the federal court before
Judge Burford. is attracting much at
tention. The court room is well filled
daily. and the trial is one of the most
noted that has been tried in the court for
some time. The prosecution has had
several witnesses on the stand in the
endeayor TO prove that Welty fired the
shots that killed Bateman. The defense
in the evidence which viii be submitted
will attempt TO prove that Bateman was
killed by Ben Cravens, who was at one
end Of the store, using Winchester.
Welty was supposed to be sttired In q
mother hubbard ard sun bonnet, and the
attorneys for the United States are using
every endeavor TO prove that Welty did
the shooting which resulted in the death
of Bateman.
At the beginning Of the trial a motion
for r continuance was submitted. which
outlines the case of the defense 1t shows
that every effort possible viii be made
10 saddle the crime onto the shoulders
of Ben CraVens, who is wanted for other
\ part of the motion for continuance
is given. as follows:
Comes the defendant, Bert Welty. and
moves the court to grant him continu-
ance in this cause until the next term Of
court, for the want of the testimony Of
William Coleman, Al. Kennedy and o.
NJ. F1amberg; that the said William Cole
man, If present, would testify that he is
a citizen and lives in and near Red Rock,
o. T. That he heard Elmer McElhaney,
c. c. Roberts and other witnesses in be-
half of the government in this cause
make statements as TO the effect concern
ing the Red Rock hold-up in which Al
win c. Bateman was killed, and if pres
ent would state that soon after said oc-
currence he had talked with said wit
nesses, who told him that Ben Cravens.
the person who stood at the north and
east part of the house. fired the fatal
shot which killed Alvin c. Bateman; that
as the said Alvin c. Bateman came in
the west door of the store of B. Z. Swarts
and was commanded to throw up his
hands, at which he drew his pistol and
commenced firing, which fire was immedi-
ately returned.
That the fatal shot which killed said
Bateman was fired by said party standing
to the north and east side of said house,
and not the party supposed TO be Bert
Welty, who stood at te south and near the
center of said building; dressed IN mother
hubbard and sunbOnnet, fired no shot
that took effect on the person OF said
Bateman: that the first shot was fired
by the party in mother hubbard and
sunbOnnet. went over the head OF said
Bateman and struck a wire screening
around the postoffice belonging TO said
store. and that where the ball struck
was more than six feet above the floor.
and thenext shot fired by the man in the
mother hubbard and sunbonnet struck
the ceiling Of the Office room of the said
Z. T. Swarts store about 20 feet north
and west of said Bateman, and at least
two feet above his head; also state that
the said witnesses had told him that the
other shot fired by the man in the mother
hubbard and sunbonnet was fired after
Bateman was down, and did not hit the
said Bateman. but hlJ the floor near him.
That the fatal shot and each Of them
that hit Bateman was fired by the man
with a winchester and standing Ia the
north and east part OF the store, and sup
posed TO be Ben Crsvens. That AL Ken
nedv. II present would swear that he
heard said witnesses make similar state
ments. and heard several of them state
that they heard said witnesses say that
the party dressed in mother hubbard and
SunbOnnet 1alled 10 MT Sdtl DattlhdA al
all. by any shot fired.
That A NJ Flamberg, who Is resident
of Noble county, whose pOstOffice Is Red
Rock. and who is now temporarily alb
sent in Canada and beyond the jurisdic-
ton Of this court. was present in the
store of the said Swarts at the time
OF the hold-up and saw everything that
was done and transpired IN said hold-up,
and that as Alvin Bateman came into
the door Of said store. that the man sup
posed TO be Ben Cravens tod him 20
throw up his hands: that Bsteman i'm
medistelv drew his pistol and commenced
frin gat the man dressed in mother
hubbard and sunbonnet: that the man
in mother hubbard and sunbounet fired
three shots. one of which went over the
head Of the said Bateman and struck the
wire screening around the postofiice or
said store. Another struck the ceiling in
the private Of said Swsrts. some % feet
northwest Of whore said Bateman was,
and must have been al least two feet
above said Bateman. and the only other
shot fred by the man in the mother hub
bard and sunbonnet was fired az the
said Bateman after he had been shot
down by the man IN the north and east
side OF the store and supposed 20 have
been Ben Cravens. that said shot nred
bv the man ia the mother hubbard and
sunbonnet failed 10 strike the saic Bate
man. but went into the floor. That each
of the several shots that struck or pene-
trated the body ~ the said Rateman in
any wav was fired hv the man iu Tire
north and east part u he stoTe. and be-
Heved 70 be Ben Cravens That defend
ant knows % no other witnesses - whom
said proof can Be made