The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-03-18

nesses were sworn by the state, and
Coroner Hogeboom, who was anxious
to attend to other business was put on
the stand first. His testimony was
practically the same as that of DR..
Buckmaster who came later, and was
mainly about the autopsy and inquest.
Both physicians said that the death of
Frank DeVlin was the result of a blow
with blunt instrument on the left side
of the head, which had not fractured
the skull but had ruptured an artery
from which a blood clot formed ON the
brain, eXerting sufficient force and
pressure on the brain to cause death.
on cross examination Coroner HOge-
boom said that the autopsy was held
at the solicitations of the father Of the
deceased
Sergeant Morris Jenkins. of the police
force then testified to the arrest of
young Devlin the night before he died.
He said that Officer Voiles, who made
the arrest. assisted by Officer Aye,
handed him two pocket knives which
he had taken away from Devlin, one
of which was open. That he had been
taken to the police station and locked
up about Il o'clock, and that he had
seen him no more until the next morn
ing, a few minutes before his death.
He noticed blood on the clothing of
the prisoner, and a slight wound on
the left side of his head. On cross
examination Jenkins said that Devlin
was very drunk and abusive when
first arrested and showed no signs of
any injury.
The testimony of officers Henry Ave
and F. g. Noiles. who followed was sim
liar 10 that of Sergeant Jenkins. Ave
said that Devlin threatened them when
they approached to arrest him. but had
been hastily disarmed. That was the
last he saw of Devlin until the next
morning a few minutes before he died.
ON cross-eXaminatiOn Aye said that
DeVhn was very quarrelsone when
f4V
on February 2Sth, and had fought the
officers all the way to the station.
Merchant Policeman A w. Hopkins
then testified that he was in Keith d
Iazen's drug store about 1880 and that
the defendant. Danielss came in with
Frank Devlin, VIII Briggs and another
young man unknown to him. Devlin
was drunk, and bleeding from a slight
wound on the side of his head which
was dressed by L o. Grubbs. the night
clerk in The drug store While in the
place Hopkins heard Devlin ask Dan
1els if it was he who struck him, and
Daniels answered that he had to hit
some one to stop the fight He also saw
Briggs take open Knife away from
Devlin and put it in his pocket.
Chief Tim Donovan, Sergeant J. Ow-
ems and Officer Pavey each testified to
practically the same thing about the
confession made by Daniels when he
gave himself up for arrest about 80 on
the afternoon of the 9TH. 1t was to the
fight was in progress between Luke
Heery and Frank Devlin in his joint on
Fourth street, in which Devlin stabbed
Heery. That he had told them to get
out of his place and quit fighting, and
had come from behind the bar to sepa-
rate and eject them when Devlin turned
on him with the knife with which he
had stabbed Heery. and to protect him
self, he had struck Devlin a light tap
with beer mallet.
LUKE HEERY TESTTFIES.
Luke Heery,the man who played such
an important part in the affair was then
placed on the stand. He said he met
Devlin between 4 and ; o'clock on the
evening of the 6th. and that they went
together to Daniels joint. where they
stayed until s o'clock when they went
out for a short time and then returned.
Heery and Devlin had one fight an
hour or more before the final affair. in
which Heery was dangerously stabbed
and Devlin received the blow which
killed him. In the first fight. said
Heery, Devlin drew a knife on him and
he knocked Devlin down They did not
come together again right aWay and
a few minutes later. while Devlin was
still holding the knife and making
threats Daniels took the knife away
from him. saying, Here. give me that
thing before YOU do hurt someone" and
laid it on the shelf behind the bar.
He kept on saying what he would
do to me-" said Heery, land said he
would do me if he only had his knife
i took my own knife out of my pocket
and threw it to him along the bar. tell
ing him he could have that if he want
ed a knife so bad
Did he take your knife?''
Yes, he kept it. and later when he
stabbed me he had two knives"
The testimony of a negro named
Henry Wadlington, who was put on the
stand later, explained the second knife.