The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-04-14

! 81 800 bill of sale to George Rogers and
| paid him money for having it filed.
This concluded the evidence for the
| state and the defense then stated their
case and called their first witness.
/ George Rogers was the first witness of
| the defense He testified that Mr.. Stew
ems paid him for making the bill of sale
| and that afterward Miss Hannibal gave
! it TO him with the money to have ii re-
! corded
Miss Bertha Hereford. who testified in
| behalf OF the state at the previous trial
was called by the defense. She said that
| there were two keys to the store, and
that she had known Mr.. Stevens to open
| the store on several occasions. She also
| stated that she and Miss Alsbaugh
| talked over their meeting at the store
/ in the presence of Mrs Stevens on the
morning of January l. 1903, and that when
| they were outside of the store Mr.. Stew
ems had not got into the buggy while she
| and Miss AIsbaugh spoke of meeting at
| the store She also said that the final ar
| rangements were made as she and MISS
! Alsbaugh walked up the street from the
/ store She further stated that she as
| sisted in the invoicing of the stock, which
] was done some time in December. she
! thought about the middle of the month,
/ and that at the time of the attempted
| fire Mrs Stevens had taken a number OF
/ velvets home with her and that they were
| not in the store at the time of the at
! teuntad fire She also testified that the
invoice book was taken home by Mrs.
csa. 1nt of fla OF
that this was the first time she had seen
! it since the invoice was taken.
Mrs stevens was the next witness
called by the defense. Her testimony
was much the same as at the former trlai
! She stated that on the afternoon OF the
/ first of January she and Mr.. Stevens
| drove to the home Of Mr.. Stevens faith
er. This was about three o'clock They
stayed there for about an hour. and after
wards went to the home OF her parents,
where they stayed until about half past
! four Just as they We're ready TO leave
| she said that her brother. VIII Heath,
come home and il was arranged that he
was to go with them to the theater that
evening and that he was to go home
with them.
when my brother got into the buggy
| with u. the spring broke. and We decided
/ that as Mr.. Stevens was the heavy one
/ he could come home on the car and We
would go on in the buggy. My brother
! and I started This was about o'clock
When we passed the Palace stables we
| stopped and told the boy to come after
/ the horse right away. as Mr.. Stevens
would want him when he came. We got
home between half past five and six,
and my brother wanted to practice on
| his violin He discovered that he had
left his book at home and he decided
that he would go back on the car for it.
He then left and went home. He re-
formed later with Mr.. Stevens. They
reached our home about seven o'clock
and at once started to prepare for the
theater. II was st this time that we re-
| ceived the telephone message to come
! to the store
Mrs stevens then testified concerning
( the stock and the invoice that was taken
! She said that she paid Miss McPartlin
! 5000 for the stock. and that the fixtures
were invoiced at 500. but that the stock
was in little better condition than when
il was purchased from Miss McPartlin.
Mrs. Margaret Hess was then called.
She testified that she. in company with
Harry Hess. Mr.. and Mrs Stevensp and
| Miss Hereford, met at the store one even
| ing during the street fair and that Miss
/ Alsbaugh was there with young gentle
man. She afterwards said that they
were all to meet there according TO ar
rangement and that the curtains were up
and the light was burning.
Miss Pennypacker was then called by
the defense for the purpose of impeach-
ing Mrs. Nora Bell. but as the evidence
she had to offer was upon a point that
was entirely immaterial to the case. At
torney Eckstein objected, and the OBJ
lection was sustained by Judge Wilson.
The witness was then dismissed
The deposition of Roscoe Lowe was
then read by Attorney George Adams
Lowe was formerly a motorman en-
ployed by the Wichita Railroad and Light
company. and he testified that on the
evening Of January !. 1893, Mr.. Stevens
and Will Heath got on the car at 18th
street and rode down to First street
where they got of the car and started
east
s NJ stevens was then called His ties
timony was very much the same as that
at the former trial. with the exception
of a slight variation in the time Of hi:
arrival at his home on the evening +
question on cross examination he stated
that the bill Of sale for 81. 90 was made
for the purpose Of putting of a creditor
the day of the preliminary hearing and
that the correct bill of sale given fol
the goods was $500.
He also created a little sensation vheI
he said that the statement which Mr.
EckStein introduced was never read h,
him although il was signed by him II
said that he read the statement that Mr.
Frank Burt made out for him but tina
he did not read II after Judge Stanle!
had re-copied il. He was then asked Z
read the statement and when he Ia,
finished he said ,/lt the statement wa
not true in all respects He said tina
the number Of his fathers house wa
wrong. and that the time Of his srriva
home was also wrong That instead o
being 7;3o O'Clock il should have read
o'clock. Mr. Eckstein then asked him
ne did not read the statement AZ n
previous trial, 10 which he replied tina
he did not.
Didn't you say that the statement va
true at the former triaIe"
I dhn't remember
Didn't I ask you the date and yo
read it and said this is dated the srd =