The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-02-26
USED THEIR AXES.
Witnesses Tell How 1Iurphy's
Place Was Smashed.
VIM. Hopkins Saw Mrs. Nation
Break Window.
BALI sTRAK'S TRIAL.
He Used His Axe on the Slot
Machine.
Judge Hazen Rules He Had No
Right to Break Things.

1t was 10 O'Clock this morning before
a jury was secured in the district court
to try the case against BALI Stark for
breaking into and helping to wreck
Frank AGurphy's place at III East Sixth
avenue
A special venire of Is men was drawn
besides the regular panel and "A men
We're examined in all before a jury was
secured.
The jurymen's names are as follows:
Hale Ritchie, J. I. Anderson, w. T. Nc
Knight, w. c. Straup. Jos. NcCord,
Charles Houghton, J. B. Chiles Joseph
Griley. A A. Rodgers, viii Whitton, J.
N. Henry Chris Roof
EXAMINATION OF WITNESSES.
NJ f. Parker was the first witness
called for the state. He testified as 20
the building occupied by Murphy. being
owned by Norris L. Gage.
Merchant Policeman VIII Hopkins
was called.
Were you employed to watch the
building occupied by Murphy" asked
County Attorney Galen Nichols.
YES. sir, replied Hopkins
Did you see the crowd trying TO
yes. I saw Mrs. Nation break the
glass with a hatchet.''
hat elSeI
Il saw men with a battering ram
break in the door"
what did you see Bali Stark do?''
''I saw him first break the glass in the
west window with his axe.
What did you see him do on the in
saw him break up a case of water
bottles with an axe
What else %
Il saw him break up a slot machine
SIS this the axe?" asked Nichols, hold
ing up an axe.
Yes
What did you do with him?''
Il placed him under arrest and took
the axe from him."
On cross-examination Attorney Balm
asked what Mrs. Nation did besides
that was the extent of her attack
How did Stark strike the Window"
with his axe
How many We're trying to break the
doors and windoWs?'
Eight or ten
what did you see after the lights
We're turned on %
Il saw the men breaking up boxes an5
things
What kind of a slot machine did he
destroy?''
Il don't know"
1T makes no difference what kind Of
a machine it was,'' said Judge Hazen.
But your honor said Attorney Balm,
I'VE may wish to show that it was a
if it was a slot machine whether he had
a right to break it,
Il can settle that now by saying that
nobody but an officer with a writ has d
right to destroy any property, no mat
ter what it's used for, - said the judge.
Officer Frank Parcels was called He
testified on direct examination as to the
crowd and said that it was particularly
recognized Stark as the man arrested
by Hopkins.
Officer c. r. Graham was called
Were you there when the crowd was
there?''
Yes, SIR answered Graham.
What was done?''
"A half dozen men with a battering
ram broke in the door"
Did you see this defendant Stark?''
Yes. saw him strike a slot machine
with an axe"
that you saw this defendant there2''
Il am"
Are you certain that he broke the
slot machine? ?"
Yes sir"
Did you see any other men break
Yes
Did you see the men with the batter
ing ram in the street before it struck
the door?"
Yes
Did you know what it wasp
4 wasn't exactly certain what the
brute was"
Officer Frank Hendricks was called to
the stand He testified to arrestiag
Mrs Nation
Mason Carter, a coIored boy, was call.
ed He testified to seeing Stark in the
crowd
Mrs NJ F. Goodwin. a member of
Mrs. Nations band of Home Defenders
was called by the state.
Are you a member of the organiza-
tion which went to the placer asked
the prosecution
.sIf the testimony is matchmaking Won
will not have to answer. If you went
there for an unlawful purpose and SO
testified it would be discriminating ex
planned Judge HAGEN
Mrs. Goodwin decided she would not
answer. She testified that she reached
Murphy's place after the smashing.
Did you receive a notice to meet
with the organization?'' was afterwa rds
asked and the witness answered yes
The court adjourned at noon till 100
It seems from the cross-examinations Of
the defense that an attempt win be
made to prove an alibi. Judge Hazen
announced when the court adjourned
that ne might cali the jury back after
supper to complete the case
fa0TNGa 10 EFNnT