The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-03-08
DANIELS is HELD.
Chared With the Murder of
Frank Devlin.
Does Not Testify Before the
C0rOner's Jury.
HIT THE YOUNG MAN.
Says He "Tapped" Him With
Beer Mallet.
Was Only Trying to Eject Him
From the Joint.
HIT THE YOUNG MAN.

Roy Daniels, who was arrested by the
| police Friday on the charge of murder,
was held for the crime by the coroner's s
| jury at the inquest late IN the after
| noon. After being out an hour the jury
returned with the verdict that Frank
Devlin came to his death by reason of
| a blow on the head, struck by Roy
Daniels with a beer mallet.
The jury was composed of A. l..
Dryer, Mark Mason, J. H. Russell, J.
M. Holt, w. w. Wooley and w. j.
Bevelle. Daniels was present, in charge
| of the police. and was represented by
Attorneys r. Hayden and Otis Hun
gate. Daniels was not allowed by his
attorneys to take the stand though he
had before admitted that he struck the
fatal blow
The first witness to testify was Officer
Henry Aye, who assisted in the arrest
of Devlin Thursday night. A story was
widely circulated Friday morning to the
effect that young Devlin had been kill
ed by Officer Aye while resisting arrest,
and was proven untrue early in the
day, before the arrest of Daniels. Aye
had naturally been greatly disturbed by
this rumOr. and his testimony and that
of Officer E. G.. Voiles, who also had a
hand in the arrest, was to the effect
that neither of them had struck the de-
ceased with a club or anything else.
While he was under arrest Officer Aye
told him to shut up" when lady
passed, and as he continued to use pro-
fame language, the officer slapped him
in the face, with the desired result.
Both these officers were positive that
Devlin was very drunk, and were will
ing to swear to it.
Will Briggs, an employe of Roy Dan
iels. was also a witness He had been
out with the crowd of which Devlin and
Heery had been members. and had also
gone to the drug store with Daniels and
Devlin to have the latter'S head dressed
after he was struck by Daniels. He saw
the arrest and testified that no clubs
had been used Dy the officers. Mat
Devlin, a brother of the deceased, fire.
quently interrupted the witness, taking
exceptions to some of his statements.
He was stopped by the coroner, and
Briggs resumed his testimony He said
that Devlin did not know at the time
that he had stabbed Heery, and when
told of it later, insisted on seeing the
injured man. Mat Devlin again inter
rupted, and asked who had given his
brother the liquor, but Briggs did not
answer him.
o. E. Grubbs. a clerk at Keith & Ha-
zen's drug store was the next witness.
He testified to dressing the wound on
Devlin'S head, which did not look like
serious one He said that Devlin was
accompanied by Briggs and Daniels ana
said that SON ething was said about
beer bottle or beer mallet, he did not
remember which, as he paid little atten-
ton to the conversation at the time.
He said that Devlin was very quarrel
some, and seemed to be hunting trouble.
He heard Devlin make some remarks.
about cutting something or some one
On ross-examination Grubbs said the
deceased was able to walk alone. and
was not supported into the store by his
companions and did not seem dazed.
Merchant Policeman AL Hopkins was
at the drug store when the trio came in,
- -. ..
was able to testify clearly as to what
he saw, although he little dreamed
that he would be called on within Is
hours to tell a coroner's jury about the
affair. when Devlin came in" said
Mr.. Hopkins, "he was in a condition
known as fighting drunk He asked
Daniels if it was he who struck him,
and Daniels answered evasively that
he had to hit some one to get them out
of his place. They seemed to be friends
and none of the cursing done by Devlin
was directed at Daniels" He also tes-
titled that Devlin went away from the
drug store and came back alone in a
few minutes. Roy skipped out the back
way and told me to tell Devlin he was
not there said Hopkins HE seemed
to think he might be coming back to
look for him. 1 started to the door to
tell Devlin that he was gone, but he
just looked in, and then turned away
without saying anything
On examination by the defense Mr..
Hopkins added that he had seen Briggs
take open knife away from Devlln
and put it in his (Devlin'S) outside coat
pocket, after closing it. He said that
Daniels seemed anxious to do all he
could for Devlin, and that Devlin made
no complaint about his head. Also that
the deceased asked for drink of
whisky, but did not get it.
Night Sergeant Morris Jenkins testi-
fled that he had seen the arrest of Dew
lin by Officers Voiles and Aye and that
when he told them to 60 get him.
they both placed their clubs in the belt
rings worn for that purpose, and had