The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-12-07
Trial Of VIM. Mason, for the
Crime, Begins.
Separate Trials Demanded for
the Two Defendants.
THE DYING STATEMENT
Question About Its Admission
as Evidence.
Little Trouble Experienced in
Securing asJury.

The trial of William Mason, colored,
charged with shooting Fred Tutcher
the night of October Is, was called for
trial in the district court this morn
ing.
William Mason and Thomas DeMoss
were arrested charged with the killing
of Tutcher. The two defendants de-
manded separate trials and County At
torney Hungate elected to try Mason
first
Mason was represented by Attorney
J. S. Ensminger. Masons father and
brother sat with him in the court room.
County Attorney Hungate and Assist
ant County Attorney MeNary conduct
ed the prosecution. Fred Tutchers s
father sat behind the county attorney.
The case was called at 10 o'clock
and the 40 special veniremen to be
called to the witness box in case they
were needed were in the court room.
The regular jurymen were the first ex-
amined. The state asked the usual
questions but Attorney Ensminger was
careful and thorough in his eXamina
ton of the jurymen- He attempted to
draw out the fact that the jurymen had
formed an opinion but up to noon but
one juryn1an was called who announced
The jurymen examined had all heard
of the shooting, except two who had
not heard of it until they were called
to serve on the jury
NJ. Snattinger thought he had an i'm
preston as to the shooting but he had
not formed a fixed opinion. Attorney
Ensminger objected to him as a juror,
but the court overruled the objection.
The taking of testimony in the case
will likely begin this afternoon, and
the evidence for the prosecution can
all be submitted by Tuesday afternoon.
The defense will probably be on the
ground of self-defense. The evidence
for the defense will not require more
than day. The trial is expected to
be finished before Thursday, when the
Lowe murder case is TO he called for
hearing
County Attorney Hungate has in his
possession the confession made by Ma
son soon after he was arrested and
a mob might try to get him. If the
prosecution attempts to introduce the
confession the defe1Hael will oppose it
on the ground that the confession was
made while the defendant was in fear
of violence at the hands of a mob. 81
The prosecution will also introduce
the 2ntemOrtem statement made by
Fred Tutcher. Tutcher signified his
wish to make a statement. He was too
weak to talk. P. L Reed, who was a
witness to the shooting. recited the
events as he saw them. Tutcher nodd-
ed his assent to the statements and
signed the record of the shooting as re-
cited by Reed.
Reed will be the principal witness for
the prosecution. His testimony will be
subStantiated by the confession made
by Mason and the statements made by
DeMoss to the officers and the ante
mortem statement of Tutcher.
Tutcher was engaged in. the livery
business, with his father, at the south
east corner and Seventh and VanBuren
streets. On Sunday afternoon, October
1S, Mason and DeMoss hired a buggy
from the stable. They did not return
until nearly midnight. They drove into
the stable at a fast pace. The horse
bore evidence of hard driving. Fred
Tutcher was on duty at the barn that
night. P. L. Reed was the only person
with him. Tutcher rebuked Mason and
DeMoss for abusing the horse by hard
driving. Mason jumped out of the bug
gy, drew a revolver, told DeMoss to
stand aside and he shot Tutcher in the
abdomen. At the time DeMoss was
threatening to strike Tutcher with a
whip. Mason and DeMoss fed and
were captured the next day by the po-
lice. For fear of mob violence they
were taken to Lawrence. A mob gath
cred at the city jail on the night of
October 10 but dispersed when it was
found that the prisoners had been tax
en- away.
Tutcher died at Christ's hospital the
day after the shooting.
William Mason is black skinned
negro. He stands about five feet ten
inches and weighs about 100 pounds.
His mouth is comparatively small. His
lips are unusually thick and protruding.
He was dressed in a blue sweater and
a dark suit of clothes. He paid little
attention to the securing of the jury.