The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-04-15
TEARING IT DOWN
Defense in Montgomery Murder
Case Opens.
Begins Task of Discrediting
Testimony of State.
CHECKS UP WITNESSES.
Conflicting Statements Made on
Streets Are introduced.
Discrepancy in Size of Gun
Wads is Shown.


. p. m. c. J. Wrightsman. attorney for
Coffelt in the Montgomery murder case,
made his statement to the jury, telling
them what he intended proving. He
said their side of the case would be
presented in a terse manner and they
would prove beyond a reasonable doubt
that the statements of Bert Colby, Of
Enid, who was placed in Coffelts cell
to get the story of the murder OF Mont
gomery and escape of Coffelt, were un-
worthy OF belief and absolutely false;
that COffelt was not here the day OF
the murder; that the testimony of Tom
Hawkins about seeing him in Winfield
that day was untrue; that the check
claimed 10 have been given Coffelt on
September 2 under the assumed name
of Maxwell, was in reality given Coffelt
in his own name In spea king of the
conspiracy he said he would show there
was none in this case; also he would
show that attempts were not made by
the defendant to kill Montgomery.
Col. S. E. Funk, a well known at
torney of this city. testified that ne
overheard a conversation on the street
between Tom Hawkins and several
strangers the day Coffelt had his pre-
liminary trial here in which Hawkins
said that he saw the man they called
/ COffelt following after Montgomery
about Is minutes before he was killed,
and that Coffelt had no gun on him that
could be seen.
Jas. Larton, cashier of the winfield
3 y
/ book containing d bank record of the
/ business for the day September ,, 1901
/ The entry showed that d check of $42.5 so
on the National Bank of Commerce of
/ Wichita, made by Pendleton & Boyd,
1 had been caShed. Mr.. Larton thought
/ VIII Johnson was the party who cashed
! it.
Last Saturday the state introduced a
/ witness to show that two men answer
/ ing the description of Coffelt and John
son to some extent passed the church
/ carrying a gun. Mrs. Jennie Catlin tes-
! titled to hearing a conversation be-
/ tween Mrs Brane tone of the witnesses
4 who testified to this) and Mrs Carver.
/ in which she was led to believe there
/ was difference Of opinion as to
! whether the men carried a gun or an
umbrella.
Two dispositions, one from the clerk
/ of the district court of Garfield county,
| Oklahoma, We're introduced to show the
/ bad character of Bert Colby who Sc
cured the story of the killing from Cof-
! telt in his cell, but very little of the
/ contents We're permitted to reach the
/ jury on account of legal technicalitv.
The matter of a reward which was
suggested by the defense the other day
as cause for the activity Of the Off
claIS IN prosecuting this case was touch
! ed upon, and two witnesses introduced
| TO show that rewards had been offered /;
! but the matter was not dWeIt on at
/ length because of the volcanic eruption
/ that hove in sight No citizen of CowleY
county believes that the present officials
! or those who may have been enploved
| in this particular case, have had even
the remotest idea of securing the re-
/ ward offered for the conviction of the
person who killed Montgomery.
The state proved that the shell pick
ed up in the tracks which fitted Coffelt's
gun was a No 10 and that the gun wad
/ found at the home was also a No 10.
but today the defense produced expert
! testimony and showed that it is custom
ary to use No. II wad for a No. 10
! brass shell.
Three witnesses from Arkansas City
| tried to impeach the testimony of Ira
S. BricOunt Of the same town who said
/ on the stand that he saw COffelt get into
/ a box car at Arkansas City shortly after
midnight the night of the murder The
defense proved that he was detective
and at one time an employe of the Pink
| erton agency Joseph Perine, a painter
of Arkansas City had a conversation
with Brecount last Saturday in which
Brecount said he was getting more
money out Of his trips to Winfield than
he was out of the railroad company
This murder case is a peculiar one in
more respects than one. The state put
up a very strong case, but most of the
points made are being nicely met by the
defense which is introducing witnesses
of as high character and standing as
that of the state without resOrting to
teh time hOnored alibi
MILLERS ON THE STAND.
There were two witnesses on the
stand this morning in the Coffelt trial
the principal one being George L Mil
Ter, Jr.. son of D. W Miller, president
of the '101 Livestock ranch, Oklahoma. "
George L Miller, bOOkkeeper and as
sistant secretary of the .'101 LivestOcs
company" was the second witness He
told of the size of the '101 ranch the
volume OF the business done by it and
the volume done with the Santa Fe rail
road: he said the company transacted
/ between $4,000 and $4,000 worth c'
! business each year; the last five years
( there had not been very friendly rela-
/ fiOnS existing between the A1illerS and
the Santa F'e railroad; he told of the
trouble at Bliss the evening of July Il
! last year, when he and some of the boys
were returning from a trip of branding
cattle and had STOPPED at the depot tc
81 inquire for nail He thought Chas
/ Colby, Zack Miller. Frank Potts, o. w
Coffelt and himself We're in the crowd
When the train pulled into the depot
Montgomery was standing on the cal
platform. He, George L. Miller. Jr.
addressed Montgomery and told hin
that he ought to be ashamed of himself
for striking an old man of so years
/ over the head with his revolver; Mont
gOmery came down off the car. two re
/ NOiNerS IN his hands. one of which was
leveled at him. George l. Miller, Jr
Some words were exchanged from
which there We're no serious results
None of the ''101" gang We're armed. Hs
/ testified that COffeft was not on tht
train the day that he and others wen
to Ponca City. wherein it was purporte1
that Coffelt and others went through
the train looking for Montgomery anG
the colored porter. He further SAID
that Montgomery and the eolOred pOr
ter'S name were not mentioned on ths
train that day and that none of the
gang were armed. Coffelt first went Il
work on the t101 ranch" IN 1895 anC
had worked there on and of ever since
The witness said that to the best O
/ his recollection (1Offalf was not yVorkint