The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-04-15
STEVENS ARSON
CASE TO JURY
Final Arguments Will Close
This Morning.
TESTIMONY IS ALL IN
Second Hearing of Tria |
Nearly Ended.

Stevens for attempted arson Will be com
pleted and the case given to the jury.
The evidence was finished at $40 o'clock
yesterday afternoon and County Attorney
Eckstein opened the argument for the
state. He reviewed the testimony care
fully, calling the jurls attention espe-
cialIy to the fact that witnesses for the
defense had varied their testimony from
that given by them at the former trial,
in that they claim Mr.. Stevens reached
home at o'clock in the evening in ques-
ton instead of 40. as was stated in the
sworn sta tement concerning his where
hbouts on January l. 1893, that the de-
PENDANT made before the police judge two
days after the attempted crime He
called attention to the fact that the de-
PENDANT denied that he had read the state
ment before signing ii. while at the pre-
vious trial he testified that he had read
it and that the statements contained
therein were true.
Mr. Eckstein spoke of the three wit
nesses who testified 10 having seen the
defendant on the evening of Janpary J.,
1888: two of them saying that they saw
him in front Of the store about o clock
on that evening, and another who testi-
fed that he saw him come from the alley
between Douglas and First, on Lawrence
avenue, at a few minutes past :. He
also said that he considered the trip
which viii Hoath made to the home on
Nineteenth and Washington avenue was
story manufactured to bolster UP the
defense. He said that it was a physical
impossibility for anyone to have made
the round trip from the Stevens home
to the Hoath home in one hours time.
Mr.. Eckstein concluded by calling at
tention 10 the motive that Mr. Stevens
could have had in doing the alleged deed,
reviewing the testimony concerning the
stock and the amount of insurance with
which it was covered, and also the invoice
that was taken short time prior to Jan
uary J. 1903. He also spoke of the fact
that the front curtains were spliced dur
ing the preceding month so that they
could be pulled down the entire way.
All of which things. he claimed were
very strong circumstances and that cir
cumstances were sometimes stronger than
words.
Attorney George Adams then opened
the argument in behalf of the defense.
He spoke for an hour and fifteen minutes.
during which time he reviewed certain
parts Of the testimony for the state which
he claimed was weak
He said that Mr. Eckstein realized the
weak points in his case and had in that
way foretold TO the jury what the bur
den of the defense's song would be. He
spoke particularly of the evidence of the
two witnesses who claimed that they had
seen Mr.. Stevens on the sidewalk in front
of the store at o'clock at night on Jan
uary l. 1905 and intimated that their tes-
timouy was bought for the purpose of
making the case stronger, as. he said,
they could not possibly have seen Mr.
Stevens on the sidewalk that night when
in fact he was not there Another
thing" said Mr.. Adams. that / consider
preposterous is that Mr.. Stevens would
be found Standing quietly on the side
walk i'm front OF his place of business II
he had just started a fire inside. II isn't
at all likely that he would be standing
there waiting for it to burn. Instead of
that he would be around in the alley
pulling the slack out of the string that
was fastened to the lighted lamp"
Mr. Adams also stated that the case
was started at the instigation Of per-
sons who were DESTROYS of obtaining a
reward and that in order to make their
case strong they had imported witnesses
who claimed 10 have seen Stevens on
the sidewalk. He also called the attention
of the jury TO the testimony Of Miss
l
Mrs. Stevens heard the arrangements that
were made by she and Miss Alshaugh
to meet at the store before going to the
theater on the night in question. He said
that there was nothing to show that she
had not told the truth and in that case
Mr. Stevens would certainly not start
such ire. knowing that the girls would
discover it before any damage had been
.one.
Attorney John Adams followed his
brother with 45-minute argument in he
half Of the defendant He also reviewed
the testimony of the case pointing out
facts that were in favor Of the defense
He said that the statement which the
etate claimed Stevens read. was made
by the police Judge and Detective sutton
and was not the same as the one made
by Mr.. Stevens to Frank Burt He also
said that h considered that the county
attorney had been over-zealous in the
prosecution of the case although he knew
Of no reason why he should be.
M Adams also said that since tbs
other trial Mt stevens had discovered
that he had some enemies and that h
strongly suspected one of them Of having
attempted the deed bat as he was unable
10 prove the assertion he could not men
ton the persons name. He also said that
Miss Ashbsugh had changed her test
mony from that given at the prelmin-
AIRY for the reason That she had some en-
nifty toward Mrs stevens He Will con,
clude his argument this morning NJ
O'Clock
At the morning session yesterday IN,
cross examination OF Mr. stevens was
concluded by MI Eckstein. Mr. Steven.
stated that he had not read the state
ment that was written by Judge Stanley
but that it had been reaa 10 him and h
signed il: but he contended that the tim,
mentioned when he reached home Wa:
not read 10 him as &c.
w H Davis. the man who was charged
with fraud at the recent drawing Of th'
Labor Union in the Toler. was the mex
witness called by the defense He testi
fed that he saw Mr. stevens and VII
Hoath get of a Main street car abou
$50 O'Clock on the evening Of January ]