The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-10-14

seized posts and began ba-terine at the
wooden gate. They knocked three boards
off and began climbing through. [ think
was the second man tnrou0h The
mutineers marched us off south for a
distance of 1880 feet wheT. they let US
go and scattered
SAW CLARK AND BARNES SHOOT.
Guard Trelford and Foremen Bowman
and Carroll testified to exactly the same
things. Guard S. T. Sample saw Con-
Wet Clark fire at Guard Burrows VINO
was wounded. He also saw Turner
Barnes fire at Guard Lawrence after
they had gained the outside OF the
stockade. Lawrence was firing from be-
hind watering trough Guards Hon-
man and PARCEL had nothing to add
c. E. Burrows exhibited the scar on the
back of his neck where a bullet lnfilct-
ed a flesh wound. He said his gun re-
fused to explode the cartridges.
DIR. F. L. Thomas of Leayenworth was
the physician called to the new prison
grounds to examine and care for the
wounds of Guard Waldrupe. Waldrupe
was taken to the Leavenworth hospital
where he died in November Is. DR..
Thomas after Waldrupes death, ex-
tracted the ball. On the witness stand
he testified that he secured the lead in
fragments from the wound and was un-
able to determine whether it was bull
let or a buck shot
WATERS IN EARNEST.
Attorney Joseph Waters probably
never worked any harder for a prospec-
tive fee than he is now laboring for the
acquittal of the five friendless mutt
neers who have neither money nor any
prospect of being able ever to reward
his services. He has worked hard in
preliminary preparation He has used
every effort in securing the most adj
Vantag eOuS circumstances for the trial
He has not neglected an opportunity
to enter exceptions to rulings upon
which he may base motions for new
trial or an appeal He has endeaNored
to discredit evidence tending to fasten
guilt upon any Of the defendants as
discriminating between them and the
other mutineers.M Waters is determined
to fight the case into higher courts if
necessary to secure an acquittal The
case furnishes odds against him which
appear insurmountable. A large
amount of direct evidence against the
prisoners is in the possession of the
attorneys for the United States. His
interviews with his clients previous to
the trial have been conducted under
some difficulties. He is without assist
ance of financial or professional kind.
Three attorneys. j. H. Atwood and w.
w. Hooper of Leavenworth and /. E.
Lambert of EmpOria are said to have
declined the task of defending the mu-
tineers before Waters accepted it.
Waters regards it as an opportunity.
and is laboring indefatigably in behalf
of the mutineers.
MUCH INTEREST SHOWN.
Interest in the trial is unaba ted.
Every seat in the court room was taken
Tuesday morning and afternoon The
five prisoners occupied the same seats
as on the day previous but the care with
which they were guarded in the court
room appears. to have been relaxed a lit
tie. Representatives of leading papers
of Kansas City and Topeka attend the
trial, Mrs. ]. r. Waldrupe, widow of
the guard who was Killed is a constant
attendant upon the trial. Mrs. Wald-
rupe was a bride of but three weeks
when her husband was killed. Attorney
Waters at the opening of court Tuesday
morning objected to her presence in the
court room. He said her presence was
calculated to prejudice the jury.
One concession at least was gained
for the defense when Judge ]. A Riner
granted Colonel Waters request that
the witnesses be separated and not more
than one admitted to the court room at
| time. Under this arrangement the
waiting witnesses are not permitted to
| become familiar either with the testi-
| mony of the Others or with Colonel
! Waters method of cross examination.
I Gilbert Mullins and Frank Thompson
/ the negro, appear to be the most intel
ligent of the five men. Thompson's at
tention appears riveted to the testimony
of the witnesses. most of whoms are
TIMES to consume navy tobacco without
cessation. Occasionally Thompson an6
Mullins consult with their attorneys ano
once Bob Clark and Colonel Waters dis
cussed a point in the cross examination
For the most part the men sit with the
rigid quietness which prison discipline
enforceS.