The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-10-13
HOW THEY LEFT.
Thrilling Escape of Mutineers
Is Told.
IN Rain of Bullets They Made
Their Way.
WHEN WALDRUPE FELL
His Heroic Stand Terminated
by Shot from Mullin.
Objection to Presence of Widow
Is Overruled.
PENALTY OF DEATH.
Jurymen All Questioned About
Prejudice Against 1t.
Taking of Testimony Begins
This Morning.
His Heroic Stand Terminated
10y Shot from Mullin.
Objection to Presence of Widow
Is Overruled.
PENALTY OF DEATH.
Jurymen All Questioned About
Prejudice Against 1t.
Taking of Testimony Begins
This Morning.

Lcavenworth. Kas., Oct. 13.-The en-
tire first afternoons session in the trial
OF the Leavenworth prison mutineers
was consumed in the empaneling of a
jury to try the five defendants. The
regular panel of thirty-six jurors was
exhausted before a jury was secured
by empaneling bystander. The de-
fense exhausted its twenty rights of
challenge: he prosecution made use of
none of its six.
The greatest interest is manifested in
the trial. At the opening of the after
noon session of court the room was
crowded with curious persons. In the
interest of seeing the five indicted mu-
tineers considerable confusion was
caused. which more than once called
forth the disappearing comment of the
court. From o'clock until 3:l5 during
the afternoon a procession of discarded
jurors stepped out of the jury box While
their places were taken by new names
called by Clerk George Sharitt. The
twelve men who were Snally sworn to
sit upon the case are: MelVy Hudson,
a carpenter, of Cottonwood Falls; G. d.
keithIine, a farmer. of Atchison coun-
ty; G. w. Miller, retired of Topeka:
George Lock, a hardware man, of Mar
shall county; H. H. Heisy, a farmer, of
HoltOn; J. z. Christensen, a farmer, of
Republic county; S. w Hubbard, a
Mosier, nurserynan. of Republic coun-
ty; Fred Pitcher, a hardware man, of
Havensville: S. S. CARRIER, a farmer. of
Jackson county; Charles Stahl, a con-
tractor, of Leavenworth.
Before beginning the examination of
jurors, Attorney Joseph Waters. of To-
peka, filed a number of motions III be-
half of the defense Most of these mo-
tions had previously been made before
Judge Hook. but We're repeated before
Judge Riner. This case is being tried
by Judge Riner, sitting as a circuit
Judge A motion was made that the
case be transferred to court in which
sat. a regularly appointed circuit judge
Motions were made for a continuance
of the case to a regular term of the
circuit court; to quash the indictment.
and for separate trials. but all were
overruled.
Colonel Waters also filed a plea as to
the jurisdiction of the court, the mu-
tiny having taken place IN govern
ment prison This was overruled. as
was plea in abatement and a plea in
bar The defendants excepted to the
refusal of the court to grant them COM
pulSory process for Witnesses under
the constitution and an affidavit to
prove that the defendants had suffered
cruelty and excessive VindictiVe and
unusual punishment at and just before
the time of the mutiny. The exceptions
were allowed. During the calling of
the jury eight jurors were excused for
cause some of them having been per-
SonaHy engaged in the chase of the
nautineers.
The court adjourned Immediately af-
ter the swearing of the jury. The hear
ing Of evidence began at $50 o'clock this
morning. The jurors are being kept
under guard in the federal building
They will not be allowed to Gisband
until the close of the trial.
TAKING OF TESTIMONY
Attorney Joseph Waters started the
proceedings in the trial of the mutineers
this morning by objecting to the pres
ence of the widow of the dead guard,
J. B. Waldrupe, in court. He claimed
that it tended towards creating a SYM
pathy on the jury towards the state
case His motion was overruled.
The entire forenoon was exhausted in
the examination of three Witnesses
francis e Kinds. superintendent of
construction at the penitentlary; Arthur
Trelford, chief of the guards, and H. H.
owen, foreman of the construction
gang.
The evidence developed that these men
were the first to be attacked by the
nutineers. They were in a small office
and were taken out by these four men.
Tom Keating. w. o. Murray, Arthur
Hewitt and George Parker
keating and Hewitt were armed with
reVolvers and guns Parker d poker and
Murray hatchet with which he severed
the phone wire between ehe old and new
offices.
After getting their men out of the of
flee the mutineers marched them to the
west gate. Here was cage or box
which the mutineers ers,ered to prevent
being shot at.
They disarmed Guard Hoffman at this
point but failed to get through the gate
At this point, however, they secured
seven stands of arms and five other
lnutineers joined them.
The entire party then proceeded to the
south stockade, capturing Guard SulIf-
van en- route.
Waldrupe was on duty at this point
and when he saw the party approach
ing began firing at them The mutlneers
rapidly returned the fire. always keep
ing their prisoners between them and
the enemy Forty or fifty shots were
fired through the box Guard WaIdrupe
occupied before he ceased shooting. Il
was shown that Waldrupe's death was
due to buck shot from A shotgun and
also that Mullins was the only mutineei
carrying q shotgun.
After the foray with Waldrupe was
over the nutiTleers hastened to the gate
battered three boards off and ESCAPED
to the outer world
Kinds further testified that he saw
Waldrupe fall Immediately after one OF
Mullins Shots
II A