The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-10-14
i" You Have Lined Us Up, Now
It's Our Turn"
Ratings Observation as He
Helped Capture the Guards.
DEFENSE is CLOSED.
Prisoners Testify in Own Be-
half This Afternoon.
Attorney Waters Is Given Time
to Confer With Them.

Leavenworth, Kan, Oct. 14.-The de-
fense in the convict nutineers murder
case will close late this afternoon in
the case of the government against the
convicts. The case will not GO to the
jury, however, before TL4rSday on ac-
count of the lengthy arguments counsel
desire to present.
The prosecution placed Warden Nc
Laughry on the stand this morning to
testify that the prisoners were serving
under a regular commitment when the
escape was made. Attorney J. G. Wa
ters. for the mutineers, objected to this
feature Of the case He contended that
they should have been confined on the
military reservation instead of in the
new penitentiary. Judge Riner over
ruled Waters objection.
The five mutineers were put on the
stand this afternoon to testify in their
own behalf.
Under the strict compliance with the
law the testimony of convicted felons
is invalid, but u. S. Attorney Dean
made no objections to the prisoners
giving their evidence.
The court allowed Attorney Waters
ninty minutes conference with his
prisoners today. This is the first op-
portunity Waters has been given TO
have a talk with his clients in private
The prisoners were heavily chained and
guarded. Waters first introduced the
written evidence of the stenographer,
Lydia. Boyd, as taken at the coroner's
inquest over the body of Guard Wal
drupe.
There was a discrepancy between
that and the evidence given by the
guards atzthe present trial
Judge Riner refused to admit the
testimony of Miss Boyd taken at the
inquest because it was shown that as
StenOgrapher she was not under oath at
the time of the inquest. However, she
was allowed to examine those notes on
the witness stand and TO swear to their
correctness. The discrepancies were i'm
material.
The defense then put on Anna Brown.
a colored woman who lived three blocks
south of the new prison at the time OF
the mutiny. The witness stated that
she saw the prisoners escape from the
stockade. That shortly before they came
out Guard Purcell was shooting to-
wards the gate where Waldrupe was
mutineers escaped. The idea was to
create the impression that Purcell was
the man who shot Waldrupe-
The attorneys for the prosecution and
defense express themselves as being
confident of winning their cases. As a
matter of fact it depends largely upon
the courts instructions.
In case the jury found one mutineer
guilty Judge Riner might instruct that
all of the prisoners were equally 50.
Again he might simply instruct that It
was case of assault with intent to ktAA
WHO SHOT wALDRUPE?
| Leavenworth, Kan, Oct H--GH ird j.
| r. Waldrupe, who was shot dun iiss the
federal prison mutiny, died on lSovem-
| her I6 1901 of Inflammation of the
brain following tie wound. Whether
| the wound was inflicted with rife or
pistol bullet or a buck shot from
shotgun is not known. The other
wounds received by the guard We're IN
consequential. The inability of the
prosecution, which rested its case at
4:30 O'Clock Tuesday afternoon, to estab-
| lish the identity of the person who fired
the fatal shot. is the weak point of the
| case.
Much direct evidence was given by
the government Tuesday showing that
all the five mutineers. Mullins, Thomp-
son, Clark, Barnes and Robinson, were
! in possession of arms before they left
the prison stockade. Mullins and
| Thompson were clearly proven to nave
been using them The testimony relat-
| ing to the conduct of the other three
men was less certain. Guard Waldrupe
received his death wound during ?
fusillade in which the small guard box
from which he was shooting was Tlo-
died with shots. His post was the last
guard box attacked and the original
handful of mutineers had been aug
mented until the party who attacked
/ WaldTuDe ana numbered IWenLy-HEe Ot
thirty As the convicts approached
4 Waldrupe numbered twenty-five or
tured prison guards and foremen to
march before. forming a living breast
work upon which the armed guardsmen
hesitated to fire Their position with
reference to the mutineers made 1t i'm
possible for them to see what was going
| on behind In only a very few in
/ stances did witnesses actually see the
| Inutfneers fire and at the same time see
| the person aimed at.
1 United States District Attorney J. s.
! Dean made a concise statement of the
| occurrences of the afternoon of No
vefnber Z 1901 when the mutinv oc-
| cured. when the case for the govern
ment was opened Tuesday morning.
His statement was corroborated accur-
ateIy by the witnesses
| Attorney Joseph Waters revealed a
little of the nature of the defense Of
| his clients when in addressing the jury
he s :.
7 nave been appointed by the court
TO defend these prisoners. I have had
no assistance in the preparation of the
/ case and have encountered manv dtf-
ficulties in the execution of my under
taking. I do not desire to complain
against the officials of the prison. but
the discipline of the institution has
made it extremely difficult for me to
secure satisfactory conferences with my
clients. They have been since their re-
turn to prison subjected to rigorous
and unusual confinement. I shall sub
Continued On Page Six.l