The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-10-15
GOES TO THE JURY
The Convict MutIny Case Is
Closed Today.
Prisoners on the Stand Tell
Their Story.
MULLINS GOES TOO FAR
Said He Wanted Gun to Shoot
Game.
Had No Desire to Take Human
Life.
Vicious Threatening Letters
Written by Him Introd duced.

I.eavenworth. Kan. Oct. 15-The case
of the five mutineers. Gilbert Mullins,
Turner Barnes, Frank Thompson, Fred
Robinson and Robert Clark, charged
with the murder of Guard Waldrupe
in the sensa tional Jail break at the Fort
Leavenworth military prison on Novem-
Der z, 1901. was given to the jury at
noon today Arguments in the case were
closed by the prosecution in its rebuff
tai and the instructions of the court were
given to the jury at IL o'clock The de-
tense closed it's case at $3.50 o'clock We'd
nesday afternoon Judge Riner allowed
an hour and half to each side for ar
gument. The afternoon was taken up
with the addresses of E. D. McKeever
for the prosecution and Joseph Waters
for the defense.
The testimony for the defense in the
convict mutiny murder case was closed
! by the defendants taking the wltness
stand in their own behalf The first mutt
nerr put on the stand was Frank homp-
son, the big negro. who has caused terror
among prison officials more than once.
He told his story of the mutiny in a
straightforward manner and the rigid
cross-examination of the United States
district attorney did not rattle" him.
He showed his mean disposition to some
extent, however, while Attorney Dean
questioned him, by the manner in which
he made answers.
Thompson said he was % years old
and that he arrived at the federal prison
a prisoner in 1900
Il was working in the boiler house of
the new prison on the afternoon of No
vember Z, 1901" said Thompson, and
Iefx >
something was going on outside. l went
outside and ran to the west gate where
| the prisoners and guards were congrs-
gated, shots having attracted my ztten-
! ton there. secured a revolver from
! Guard Hoffman'S box and then ran east
and south to the store house. where l
| tried to induce prisoner to give me a
pair of overalls which l wanted to put
on over my stripes to hide my identity.
Failing to get the overalls 1 Joined the
gang which 4had reached the southwest
corner and followed it through The
stockade. I went out because the others
| did Thompson said he did not fire a
shot.
On cross s-examination Thompson said
he merely wanted the revolver to carry
with him, that he had no intention of
using it on human beings. 4 wanted
to go home" he said, 'and wanted a
revolver to carry with me. 1 did not
know there was to be a break until |
heard the shots.' A dozen times the big
negro said he merely wanted the re-
volver to carry with him, and it was
impossible for District Attorney Dean
| to mix him on this point.
| Gilbert Mullins, probably the best
known criminal among the twenty-six
who escaped during the mutiny, adj
dressed the jury as gentlemen" Then
he began to tell his story of the mutiny.
/ He was as cool and collected as any
man in the court room, and he used
language ir dicating fair education.
He said he was in the prison barber
shop when he heard shots on the out
side. With his face covered with lather,
he left the BARRIERS chair and started in
the direction of the trouble. I had
heard four Shots" he said, "and went
from the barber shop to see what was
going on. This was my first knowl-
edge that there was to be an outbreak
among the prisoners. l followed the
/ leaders; I saw Guard Burrows shot and
saw his gun thrown from his box. 1
rar and got a shotgun, but found it
useless. I did not try to use the gun,
because it was useless, and l didn't
want to use it. I saw the hole in the
stockade and went out" On cross
examination Mullins said he got Bur
rows shotgun to shoot game with aft
er he escaped, as he would need some
thing to eat. Il would not shoot a
man under any circumstances" he
said. At this juncture United States
! Attorney Dean produced two letters
alleged to have been written by Mullins
in the Junction City jail Mullins de-
MED the handwriting and Judge Riner
refused to admit the evidence unless it
could be proved that Mullins was the
writer This proof Dean promised to
furnish later.
Bob Clark was the third mutineer to
testify. He said he was working under
/ Engineer Biddle and was engaged in re-
pairing an engine when the outbreak oc-
| Cured Il heard an unusual noise" he
said land ran to see what was the mat
ter. I saw Guard Hoffman leaving his
box. and heard shots. and it struck me
that the. boys were trying to escape.
decided to join them. Running down to
the west gate, I was shot at by Guard
Sullivan I then took refuge behind the
prison wall. I saw two horses. and
took charge of one. I joined the bunch
after they left the sally port and follow
ed them south. Guard Burrows looked
threatening and some one shot him.
| watched the men make a hole in the
fence and saw them go out. I tried tc
follow them with the horse, but couldn'i
get the animal through and deserted
it"
On cross examination. Clark said