The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-16

small sum of money and one Of the de-
PENDANTS, st. Clair, had an A. T S F.
time table, among the pages of which
was found small piece of yellow paper
such as is frequently used in post offices.
and stamped on that paper was the Of
| fetal seal of that particular Office and
the signature Of the clerk in the office
who had been in the habit Of wrapping up
silver coins in these papers, counted and
labeled
Mr.. Dean then stated that the shoes of
the defendants were such as would make
the tracks that were found near the
post office, and said that it would be
shown by evidence that the men who
wore the shoes We're the same as those
who robbed the safe
For the defense Kos Harris addressed
! the jury and refuted directly all alega-
tons of the government claiming that
I ST Clair and Gallagher We're not together
until that morning. He said that evidence
would show that St Clair secured the
! folder in question from the Station agent
/ Of the Santa Fe railway He further
states that St Clair had just arrived in
Kansas from Illinois, anG had on his
1 lars.
The defense claims that St Clair resist
! ed arrest not because he nd committed
crime, but because he thought that he
would be charged with vagrancy. The
claim is also made by the defense that
when the defendants We're arrested md
their clothing taken from them the cloth
ing was put away with lot of other
wardrobe and that the shoes that fitted
the tracks so well did not belong to either
/ one Of them
Defense further stated that evidence
would be given that would prove that
the defendant had never been in the town
of Galva.
VIM Keith. OF Keith Matson & Wright
appearing for Gallagher. next addressed
the jury and promised to show that his
client was in no wise connected with the
robbery. having left Denver. Colorado
where he had been working and was
beating his way back 10 his home in In
dianapolis. Claim was further made that
Gallagher had not met st. Clair until
that morning in Hutchinson and had
himself never before been in either Galva
or Inman until arrested at the latter place
lIlIIt-IidltlN AFTER arriving lneTt.
The first witness called by the prosecu-
ton was Cras. Whitney. young man
living near Galva. who testified that he
heard an explosion that appeared to come
from the post office
+. f. Wyman the postmaster at Galva.
was next called by the prosecution and
after giving the jury a description of the
post Office building, stated that he was
awakened early in the morning of No
vember y by neghbors, who informed
him that the office had been broken into.
He states that he dressed Immediately
and went to the post office. where he
found that the safe had been blown open
and $1l0.l0 In currency was missing. He
identified the slip of paper that was found
on St Clair as being the one of num-
Der in his Office that are used for differ
ent purposes.
Otto Ecksteiu took the witness in hand
for the defense and asked him to wrap
some pennies in the slip that was intro.
duced the intention being to show that
no coins had even been wrapped up in
that particular slip. Witness stated that
he had gone to Mcpherson where the
defendants were confined in the county
Jail TO Identify articles taken from them
and that the articles were kept at the
jail in large drawer that was filed
with truck OF all kinds that had evidently
been accommodating for some time. and
had probably belonged to several different
people
Mr.. Keith asked witness several Ques-
tons in regard to the tracks about the
building but determined nothing beyond
the fact that heavy rain had fallen and
a large crowd Of people had been walk 4
ing back and forth over the ground.
Nellie Grinnol. of Galva was next call
ed by the prosecution Miss GrinneH
stated that she was AT the time Of the
robbery an assistant IN me post office
at that place ard knew that the safe
in the Office contained over Sls4o0.
Merrill Finkle. of Galva was next call .
ed and stated that he made an examina-
ton with lighted lantern. OF the tracks
around the building and that he follow
ed them down the railroad toward Nc
Pherson. Witness also stated that he :
found the drawers belonging 10 the safe
on the railroad right-of-way and that
he took them back 10 the post office.
where il was found that they were empty
Mr EcksJein. Tor the defense. examined
the witness in an attempt TO show tha>
the tracks might have been made by any
one besides the defendants.
Chas Finkle. % Galva testified that he
was with his nephew. MerrFl Finkle. and
that he accompanied him on the track
scouting tour
DR.. Niepinger, Of Galva. was called and
testified TO seeing thc peculiar tracks
bout the building and down the railway
He states that he secured the shoes worn
by the TWO defendants and in q test found
that they fitted the different tracks ex-
actly. The doctor testified that he had
seen Underhil the defendant. who plead
Ell guilty 10 the crime and Is now in the
penitentary. in Galva about one week
before the robbery. but stated that h.
had never seen either Of the two defend
ants now on trial
AIR Griffith blacksmith in Galva. was
next called and testified that he had seen
the defendants in Galvs al least twenty
four hours before the robbery occurred.
When questioned by Eckstein for defense.
witness admitted that he had said nothing
about having seen the accused until after
the trial az ;ha last term was over. say
Ing thar he thought it would BE- detri-
meut to his business Il h was called upon
10 testify.
Mr. Whitney was next called and stated
that he had seen 81 Clair in Galva the
sav before the robbery. although admit
ting on cross-evsmination that h. was
not sure 81 was the some man as vas
7otntef out 70 him in court.
This VAS the last witness examined ard
after charging the jury 10 not permit
snyoae 20 talk TO them about The case the