The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-10-15


direction. Clarks evident intention was
to show that Waldrupe was accidentally
killed by another guard. Clark said he
had never known Gilbert Mullins till
was to escape said Clark, .and I had
no designs on the life of any man: I
had no weapon"
Turner Barnes. an Indian. who talks
English with difficulty, was the last mu-
tineer placed on the stand. He said he
heard the shooting. found out what was
going on and decided to join in the at
tempt to escape. He did not reach the
until they were near the point where the
escape was made through the stockade.
He had no gun.
After the Introduction of some r.ainor
testimony the defense rested. Here
upon the United States attorney called
United States Marshal Mackey and
Sheriff Peeso of Geary county to the
stand to identify as to the handwriting
of Gilbert Mullins the. letters which he
had previously attempted to introduce
After the examinations of Mackey and
Peeso. Dean was permitted to read the
letters. The first was signed by Gil
James Putterworth. Southwest City
Mo. Mullins old home. 1t begged
i.utterwf nth to assist the writer in
freeing himself from the Junction City
jail, where he was awaiting trial for
murder. The letter. in substance, was
rs follows:
Come tc the jail here on TEesdav
and don't ask to see me. There are only
two officers here and they are dead
easy. On Sunday 1 take bath in the
corridor CT the jail. Then you can come
to the window and give me anything
you want to. III do the rest.
Mullins again denied authorship of
the letter. The other letter wcs adj
dressed to Bob Avery, Chetopa Falls,
!. r This letter. in substance. was as
- have coon Ieob q o,d va wont
to get you 10 help us. If [ cant set
gun they IL hang US sure. Come hele
on Friday and don't ask to see me- I
take Il hath in the corridor on Sunday
;he winIoO 1lsen. If l can get gun
can whip this outfit easy. 1 must
get my I: eLd 3. c. out of the federal
p,isf.a WsiI Il gun 1 can go down there
and send that place up in smoke
Mullins also denied the authorship of
this letter. The letters are alleged to
have been written by Mullins and given
to Il ce.n,@te il the Iunctio~. s,itv jail
to rLail. '''he fellow prisoner turned the
letters over to Sheriff Peeso instead.
THIS concluded the i4-trosiuctiorl of
testrlcrv on beth sides and Judge
E:rer ;:nf'f.urcad that he would liiow
ou',s+l OF eacf side an hour and i h2IH
for argument.
For every shot fired on that fateful
afternoon of November every person
suited in the escape of these prisoners
was equally responsible with the person
who fired the fatal shot at Guard
Waldrupe,'' said Assistant District At
torney E. D Mckeever in opening his
address to the jury for the prosecution.
Then Mr. McKeeVer proceeded to take
up the evidence against the individual
convictS. He admitted the failure of
the government to positively identify
the convict who fired the fatal shot but
recalled the evidence given at various
stages of the trial which showed where
and when the different convicte were
seen engaged in the disturbance of the
afternoon.
Mr.. McKeever opened the case fully
but was compelled to be brief in deal
ing with the individual defendants.
Attorney Joseph Waters occupied
little more than half hour in his
address in which he calculated to move
the feelings of the jury more than to
undermine the evidence of the prosecu-
tion
There is not an atom of evidence
said he, ''to prove that one of these
men participated in the firing upon the
guard who fell during the mutiny
Mullins. the man who is charged with
having been seen to fire upon Waldrupe
has been proven to have been in pos
session of a gun which wouldn't work
There isn't an atom of evidence to
prove that any of these men were con-
cerned in the conspiracy with which
the mutiny originated. It has been
shown beyond a question that those
men were Hewitt, kating, Parker and
Murray not one of whom are on trial
here today. These boys have told their
stories on the stand and have told them
with directness that compels atten-
ton.
IF we had been allowed to do so we
would have introduced evidence to show
that before the mutiny occurred the
prisoners were subjected to cruel and
unusual punishment at the penitentiary.
aIG she -
prison was insufficiently guarded. 1t
should have been tho duty of the gov
ernment officials in charge of the Deni-
tentiary to keep sufficient guard about
the wallis and on the prison grounds.
These boys were tempted and tantalized
by the chance of escape held before
them and the prison authorities were
equally responsible for this effort to
break OUT
Attorney Waters called attention to
the discrepancy between the evidence
produced by the state in the preliminary
examination and that in the trial. Then
he discussed the evidence relating to the
individual defendants. He said:
1T is a shame that this boy, Turner
Barnes, should have ever been brought
to trial here. There isn't a particle of
evidence showing that he more than
went along when the others did. He has
not been proven to have used the gun
which he procured at the west gate and
he says himself that he did not. Bob
SldTk unlleQ a morse ana LED II to the
south gate but could not get it through
He did not carry gun at any time
during the mutiny yet the prosecution
has vindictively described him a S being
the artillery of the little army of insur-
rectionists.
Gentlemen. I am not being paid one
cent for defending these prisoners.
have been at my home in Topeka most Of
the time since I was assigned to take the
case and have had but little opportunity
to discuss the defense with the prison
ers. This stenographer here is not en-
! plOyed by the government. but is paid
from my pocket But l have taken this
case with the determination not 70 leave
any stone unturned in the defense. and !
shall carry it to the last court before
will admit defeat. expect no reward and
/ it shall make no difference, if these boys
shall be set at liberty. if they never sis-
| Nifty to me by word or letter that they ale
grateful for my services
| MI u,rnn ~ II rr.nHr.