The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-12-07
NICKUM HEARING.
1t Began Today With Taking OF
Testimony.
Plain That Sparr's Story IS to
Be Discredited.
HAUT ON THE STAND.
Said He Was With Patterson All
Evening.
Went to Show With Him and
Then to Hotel.
BROTHER is LOYAL.
Satisfied That Young Man Is
Guiltlcss.
Will Prove Good Reputation at
Missouri Home.
BROTHER is LOYAL.
Satisfied That Young Man Is
Guiltless.
Will Prove Good Reputation at
Missouri Home.


In the city court this morning at 1880
O'Clock a thirty minute session of the
preliminary hearing of Edgar NJ Pat
terson, charged with the murder of
Mrs Mary Nickum, was held before
Judge McCabe. The session was ad-
journed to be continued at 7:30 o'clock
tonight in the city court room.
The date for the regular preliminary
examination is December II and to-
days short session was held to accom-
modate the defense The witnesses ex-
amined were the principal ones upon
whose testimony the defense hopes to
establish an alibi.
John Patterson, brother of the ac-
cused man. and E. o. Doyle attorney,
both from Moberly, Missouri. are in
TopekaSin the interests of Edgar Pat
terson- Mr.. Doyle, as attorney for Pat
terson, wished to secure the testimony
of several witnesses whom he feared
might leave the jurisdiction of the
court.
To take the testimony in the form of
dispositions would be expensive and the
defense asked permission to have a
short session of the preliminary hearing
held today. Deputy County Attorney
witnesses were summoned.
The defense will endeavor to estab-
lish an alibi and prove that Patterson
could not have had the conversation
with Sparr in front of the Pleasant
Home hotel the evening before the muir
der and that Patterson was in his room
at the Pleasant Home hotel when the
murder took place. $50.
When the session of the hearing was
called in the city court Judge McCabe
asked for an explanation.
Attorney Doyle said: The defense
wishes to secure the testimony of sew
eraI witnesses who have indicated that
they may leave the Jurisdiction of the
court In order to avoid the heavy ex-
pense of taking dispositions we asked
that the testimony might be given be-
fore the court in the regular way and
tnat this testimony may be used at the
trial of the case if the defendant should
be bound over for trial. This evidence
is to be preserved for future use"
The session was to have commenced
IN the city court at IL o'clock, but was
delayed until half past IL. The only
witness examined was Edward j.
Haut a shopman who worked with
Patterson at the Santa Fe shops and
roomed at the Pleasant Home hotel
Patterson was brought from the
county Jail to the court room by Dep
ut Marshal Lambertson. Patterson
shook hands with those in the court
room whom he knew and smiled when
he recognized them. He was not agi-
tated nor did he evince any particular
interest in the proceedings, as he
knew what the testimony in his be-
half would be.
Mr.. Haut Testifies.
When Haut took the stand Attorney
Doyle. for the defense, asked:
Where do you live2"
I'm Chicago" replied Haut.
''I mean at what place in Topeka" ;"
AT the Pleasant Home hotel" re-
piled Haut.
do you know Patterson ?"
81 know him from working in the
shops with him.
DO you remember this tragedy, the
murder of Mrs. Nickum -
'I remember reading of it,
Saturday before the murder did
you see Patterson 2"
Yes; we worked all day. went home
together, ate supper together took a
stroll together, and went to the show
together, and went back to the hotel
together"
Did you see anyone there whom
you knew -
mo one but a man named Kain,
who was on the street.
IF Patterson had had any talk
with anyone between 5 o'clock and IL
o'clock that day would you have
known it?''
YES"
did he have any conversation with
anyone in front of the hotel?''
81 think not. Not that 1 know off,
Had Not Been Drinking.
On cross examination Haut was
asked by Captain McNary for the
prosecution:
Did you remain together when YOU
reached the hotel from work %
II went up to my room and he went
to his" replied Haut.
'How long were you gomez"
About five minutes
Gould he have talked to someone
while you were dressing?'
'Pe might have"
Had you been drinking that
night ?"
mo, we had nothing to drink
when you returned from the show
did you go to bed?''
yes. he went to his room and I
went to my ROOM
You know nothing of what hap
pened from the time you went to bed
until you woke up?"
No
He might have got up and gone
out and you know nothing about it %
yes"
Did you see him the next morn
ing?''
Had he been drinking that morn
ing?''
did you ever talk to him about
this murder?''
mo, never said anything to him
about it,