The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-04-12

noon session was commenced Dy 4c-
cali of Sheriff Costigan. He testlhed
that the well curb was in such con
dition as to be removed with little
force.
NJ NJ. waddle. of Usage city. was
asked to identity Marie Stanley 5
writing. He had corresponded with
her and thought the writing of the
letters in court was hers.
TELLTAIE LETTER.
The prosecution then offered these
letters in evidence for the purpose of
esta blishing a standard of comparison
for Marie Stanley's handwriting This
was objected TO- The judge admitted
one letter addressed to M NJ Waddle-
The prosecution then placed on the
stand J. F. Sherman, deputy clerk OF
the United states circuit court at
Wichita and a professional expert on
the subject of handwriting He said
writings he could and would say
that they We're written by the same
person He had photographs made of
both the standard and disputed writ
ings. These We're passed to the attor-
neys and judges, and the witness went
into an extended and detailed explana-
tion of almost every letter This point
ed out the resemblance of the two,
which is very striking.
The matter on the back of the photo
graph of Dolly, the child, which was
introduced in evidence is as follows:
Tell them he left town last night for
you later I will tell you later. don't say
anything to any one Mamma and all
of you keep it very still about old man
Booth hat being hear for it is a secret
and for god sake keep still for my sake
and yours If they ask you anything
tell them you don't know where he
went"
DEFENSE OPENS.
Attorney Gamble made the statement
of the defense He said that they would
prove that old man Booth gave Marie
the watch That she had attempted to
give it back but he had urged her to
keep it till she got back. That he had
deiiberat tely separated the links of the
chain when he gave it to her That it
was left in Topeka by an oversight in
| The haste in packing her grips. That the
blood on the dress got on it in passing.
about her home during the night in her
preparing to leave and she knew moth
ing at all of it. That their theory was
that during the absence of the Mccoy
family during the evening this murder
was committed by some other party
while the ATcCoys were all away. and 4
deliberate attemDt made to throw sus-
picion uDon the defendant. That the
old man was in the habit of letting peo-
pie know of his money and that several
/ persons knew of his money. That a ne
gro named Taber had known of it and
! talked to a neishbor of plan to get It
: from the old man. Also that the writ
ing on Dollys photograph was not there
! until after the arrest of the defendant.
That the bunch of photographs had
/ been examined and nothing of the kind
was on it
Or. Onyette was the first witness for
! the defense He testified as to the phys
/ icai condition Of both Booth and Mrs.
/ Stanley. Mrs Stanley had been i'll, and
was not strong.
NJ n Waddle was called again and
/ said that in his opinion the writing on
{ the photograph of Dolly was not that of
/ Marie Stanley
BESSIE BROWNING'S STORY.
BESSIE Browning was next called to
I the stand. She had taken supper at
I home and then with the younger chill
/ dren she went to Mrs. Smiths Marie
was left at hone alone She returned
! home about $40 o'clock accompanied
We passed through the kitchen" she
said. II buttoned the door and passed
( into the front room. I worked on max
! ing a doll dress until Marie came from
/ the theater. They had passed out of the
] back kitchen door and emptied a bowl
and returned to their rooms. Marie laid
! down on the cot. Tie next morning
/ got I'D and went to the door to kiss
! Marie goodbye Then went back to bed
! I knew when mother left to go "a
her work. I got UP about 10 O'Clock
/ started 70 build a fire and saw the
/ well curb was crooked, and went lC
/ SJrslishten it. I then saw the legs of a
man in the we'll Then gave the
alarm
MRS MCCOY TESTIFIES
Mrs. Mccoy. mother OF Marie Stanley
/ was the first witness called at this morn