The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1903-03-13

OF circumstantial evidence was adduced.
John Downs, liveryman here. was put on
the stand. and he testified that Batson hal
come to his barn on February IA and tried
to sell span OF mules which ne had recog-
,,Ls .; as the property Of Ward Earl Downs
and told Batson to leave them there while
he made inquiries about them. Batson de-
parted and did not return. 1t was on de-
scription by Downs that BatSOn had been
arrested
Otto WHITEWATER local jeweler. put
on the stand, testified that Batson had come
to him with a watch 70 be repaired, called
for and received it, paying for the repairs.
The 1eweler. in looking over his books a
short while after Batson's arrest. discov-
time previous by Ward Earl, recognizing 1t
by private jewelers. mark.
NO EVIDENCE OF WEAKENING.
1t was this strong combination of circum-
stantial evidence which convicted Batson.
He claims to have left the employ of the
Earls February Il and gone home by means
OF freight trains. He says that he went
west to Beaumont. Tex. and then went to
has always stoutly denied being guilty Of
the revolving crime. and, notwithstanding
MS long confinement and thousands of que
RES. cross-examnations and interviews. has
SHOWN no evidences of weakening in his
story. Being a stranger. not only in Cal
casieu Parish, but also along the lines he
employed getting home, it is rather difficult
Tor MIN to establish his alibi.
On the last trial he gave descriptions Of
persons and places he had passed through
en- route to his Missouri home. These per-
sons. summoned on descriptions furnished
by Batson. were brought into court Among
these was p; A.. Emmett of Vinton. La.
Batson Immediately recognized him. saying,
That gentleman is the Vinton barber"
Pierre Chaison. another Vinton citizen.
was presented to Batson. and the accused
man said. L bought candy from this young
man"
A waiter at Vinton. brought forward. was
Immediately recognized by Batson. who re-
having n
restaurant where the man was employed.
These persons. while not able to testify
positively that Batsoh had met them. be
lieved that he was correct and had dealt
with them as claimed.
All these things tend to establish an alibi
for the accused man. for 1t Is evident thar
tract notice. should experience difficulty In
establishing an alibi.
CHANGE OF VENUE DENIED.
After the last trial. when Batson was con,
victed and sentenced to death, an appeal
was taken to the Supreme Court. passed on
errors of law. The judgment OF the lower
court was reversed on the ground that doc
uments irrelevant to the issue had been ad-
United in evidence. to prove handwriting
by comparisons Shortly after the case had
been sent back to the lower court. Batson
applied for change of venue, on the
ground that he could not get a fair and
impartial trial in Calcasieu Parish. because
of the prejudice existing in the public mind
against him.
On December II the motion for the
change of venue was argued and the, court
refused to grant the change. After the re-
fusal to grant the change Of venue Batson
was rearraigned on the same indictment on
which he had been tried last April, and his
case fixed for this month. His second trial
was called March g.
Immediately after Batson's arrest his
mother. Mrs. Joseph Payne OF Princeton.
Mo-, came to Louisiana and stayed with her
son all during the tedious. trying trial.
comforting and encouraging him. She sat
at his side all through the proceedings,
prompting him to bear up. The death SEN
tence proved a great shock to the poor
woman, and strongly embittered her against
the people of Louisiana.
MOTHER AT HIS SIDE.
Mrs. Payne came to Lake Charles early
last week to be present at the trial. She Is
still the same helpful. shrewd little woman
that she was last year, and is as firmly
convinced of her sons innocence as ever.
Speaking of the case. she said: II have not
the slightest doubt that my boy will be
acquitted of this horrible charge. for I
know. he did not commit it.
Il have questioned him time ard again
about it. but he has always taken me in his
arms and said. Mother. you know that
could not have committed that crime and
l believe in him absolutely. Ed was al
ways good boy to me. even generous. and
ne would not lie to ma, j think that he