The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-05-13

Billiards. confession in the peniten-
tiary was made to Chaplain Ballou and
a guard from Greenwood county named
Flieman- FailotI did not believe the
confession. but il was so graphic that
he asked ques ions Of Mrs. New ana
Dobbs, who knew nothing of Ballard,
and their answers corroborated certain
points that Ballard had told him. Bal
lard said if he doubted his confession
he might go to the papers which were.
taken from him when he entered the.
penitentiary, and IN the back OF the
cover of a package OF cigarette papers
he would find, pasted under a paper, a
map of the New farm. Chaplain Ballou
found this to be correct. Later Ballard
was taken to the scene of the crime
and seemed so thoroughly familiar with
the whole proceeding, telling even
where he and his pals had tied their
horses to a fallen tree while they COM
mitted the murder. The tree was gone
when Ballard was taken back, which
rnystified him, until inquiry from the
tenant developed that the tree had been
there and had been chopped up for fuel
Billiards. statement was that they had
murdered New for his money, that they
had Swallowed him to see that he did
not deposit his money in the bank, and
his details seemed to be all borne out by
the known facts in the case.
But afterwards Ballard turned squarely
around and swore that ne and Flieman
had made up the confession, Flieman fur
nisbins the facts on which 10 base it and
that it was not true. Chaplain Baliou as
serts that Ballard became incensed at MIA
and the officers because Ballads mother
had been involved in scandal because CT
the matter. and this furnished one. motive
for his making the retraetion Of the con-
fession
was told to Gov Bailey: To prove that
Billiards. confession and not MS retractlon
was the truth. Mrs Wnhoit told her story
She described at considerable length her
work among the prisoners IN the jan al
Wichita and how she had gained the con-
0f Rail u~d W
boy of Is. His heart had been touched by
the services and singing in the jail and he
bad at last confessed to her nos only con-
corning his horse stealing, but also re
garding his completely in the New murder.
This was before he went 10 the penlten-
tiary and long before he had ever met
The county attorney advanced the theory
that Ballard made the confession in hcps
that it would give him an opportunity 70
get out of the penitentiary, believing that
he would be pardoned of his horse stealing
in order to turn states evidence in a trial
of Allgood for the New murder But tie
county attorney of Greenwood county re
Dobbs and Mrs New to be the real muir
derers- Mr.. Turner also asserted that Mrs
after she was convicted in the presence Of
the sheriff and Mrs Murphy. a former
friend Her friend asserts 1nat sas vas vas
hysterical and that what ShS sald nsd
reference to her brothers and her trouble
with them 1t was also brought out that
Mrs Mlirphy's son was working for the
reward offered by the state and county tor
the conviction Of the murderers Of Joseph
New and that he was paid $50 for work
ing up evidence against Doobs and Mrs
New.
one of the strong points fl Governor
Bailey's mind against granting the pardon
is that all of the jurors who can be found,
eight of the twelve, are stll positive that
Dobbs and Mrs. New are guilty and are
That is the tangle in which the case i
presented to Gov. Bailey. The governor
does not believe the law lustiites MN iI
going behind the trial of the case. as the
court decided that All he will consider IS
the newly discovered evidence and its eI-
feet upon the jurors and court VINO 1led
the case =.
Judge Or the county attorney have any De,
sire to punish innocent persons and snau
give their opinions due weight I do not
believe the law warrants me IN going bes
hind the trial Of the case by the Jury and
I can only consider newly discovered eVi-
dence ! have had Judge West. IN Wnom
have great confidence listen to these
statements. and I shall confer with MN
before rendering a decision, ana 1 VII
therefore take the case under adyisenenE
for a few days