The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-01-23
'sSE[F DEFENSE TO Be
PROVEN, SAYS AMID0N
Continued from Sixth Page

kUvtN," SRlS AMIDUN
Continued from Sixth Page.
Eyes, sir.
Describe what was in the ROOM
BED. trunk and clothing
WHO was with you when you went Il
his ROOM
Kirk Johnson
~ The coat and vest were here introduced
rs evidence by Comfy.
Coroner NJ NJ McCollister was ther
called. He testified that on the 18th OF
September he was acting as county coro-
ner. He said he saw Flynn on South
fremont after his death.
- did he have a. room where he lived?
Eyes. sir at 31s East William street
in first cottage west of the Crawford
theater."
How old a lady did you see there?"
'.Middle-aged lady"
Harry Sutton was recalled by the state.
state if you know who lived in the
house in which Flynns room was"
IT don't remember"
DO you know the houses in that To-
cality as houses of assignation?''
NO, sir; know of none."
WAS this a house of assignation?"
mo, sir / think not
This concluded the evidence, and the
state rested.
Mr. Amidon, for the defense, then arose
and made a statement of the defense
to the jury. Mr.. Amidon said that the
defense expected to prove by evidence
that, on the evening in question, Ralph
Balm left his place with about $50 in
money. He took his gun with him, not
knowing just where he would go. That
he went to the Royal saloon and club
rooms. and there lost most of his money
ut the roulette wheel. That Flynn, who
was a professional gambler and all
around bad customer, was playing faro.
That Mr.. Balm went down stairs later
and was followed down by Flynn. That
later Balm gave his gun to Pat Mahoney
to keep for MIN, and that afterward
Flynn, who was very quarrelsome fell
low, walked up TO Balm and said that he
was the best man of the two. That
Balm passed it off by saying that You
may be the best man, but l am the best
looking" That Balm then asked for his
gun and said he was going home, and
called for Bennett, his hack driver That
Flynn went outside and told George Wiley
that he was going to bring Balm out and
that they would get in his hack and he
must drive them to Inez Miller's house,
saying that half of the money spent there
would be his. any way. That they would
also prove by testimony that Inez Miller
was liar, and the truth was not in
her" That they would show that
Flynn. when Bennett came to Inez Mil
ler's after Balm, drew a gun on Bennett
and said to go on away and stop knock
ings on the house. That this fellow
(meaning Balm, was spending his money
there and he wanted him left alone.
That Bennett replied, IF you had the
sense of a horse you'd put up that gun
and shut up That they would show,
by evidence, that it was Flynn. and not
Balm, that said he would shoot out the
lights. That Flynn came UP to Balm
with a terrible oath and vile language
and told him to put up the gun. and that
Balm said. "If you will go away and
leave me alone, l will put up the gun"
That again Flynn said to put up the gun
and leave him alone. That Flynn then
made a move to get his revolver which
was given to him by Inez Miller earlier
in the evening and that he said: You
-, If you shoot III get you,
and If you don't shoot I'll get you"
That after Flynn was shot, he told Inez
Miller he had thrown away his gun. and
not TO let any one know it. for it would
clear Balm. That although Balm was
large man, he was a mere babe in the
hands OF Flynn, who was a man in the
prime of life and of splendid physique.
''What We expect to prove, gentlemen of
the Jury, is that ii was done in self
defense. and if we prove this We shall
expect you to return verdict of not
guilty
George Wiley, a hack driver, was the
first witness called for the defense.
He said that on the evening of Septem-
Der II. he was at the Royal saloon. He
said: Mr.. Flynn told me TO open the
door of the hack. He would stall Balm
out and put him in my hack. He said
to take them to Inez Millers. The three
came out and I took them to Inez Mil
ler's"
did Balm say anything about going
to Inez Miller's?'
No, sir
who paid you?'
Balm
Did Balm say that he would shoot out
the lights
mo. sir
did he have a gum"
''No. sir; l did not see it,
Cross-examination by Comfy:
How old are you?"
81 am 23''
''How long have you been a hack
driver?"
Three years"
where are your headquarters"
AT the oxford Club
do you stay around houses of prosti-
tuition good deal?''
Yes sir My business takes me there
Thomas A. Callandar was the next wit
ness called
Your name"
Thomas Callander My right name is
Thomas Allen.
How long have YOU been in Kansas
In Kansas since 1856
Il have lived in Junction City since
1858 / have been city marshal and chief
of police for Is years. Under sheriff y
years. served i years deputy United
States marshal"