The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-11-25
after An ALIBI..
Calvin Heck's Defense in the
Kuntz Case.
Claims He Was Elsewhere When
Assault Occurred.
AN AMUSING BLUNDER.
Coroner Keith Says Poppy Is
Latin for Opium Plant.
Hungate Displays Skill in Cross
Examination.
AN AMUSING BLUNDER.

An effort was made today to estab-
lish an alibi for Calvin Heck. accused
of the brutal assault on ". f. Kuntz,
but it contained several holes. a num-
Der of witnesses were placed on the
stand evidently with a view of estab-
fishing an alibi. Sheriff Lucas was re-
called this morning by the prosecution
and told of taking John Croft and Cal
Heck to Christ's hospital where they
We're identified by Druggist Kuntz as
the men who assaulted and robbed
him on the night of January s. John
Croft was recalled by the attorneys for
the defense IN an attempt to confuse
him relative to his testimony of the
previous day, but tn attempt ended IN
failure and the state used him TO
identify the insurance papers which
he had thrown in the vault after tax
ing them from the person of Kuntz-
Several witnesses were placed on the
stand by the defense in an attempt TO
prove that Druggist kuntz IS and mas
been of unsound mind and that he IS
addicted to the use of powerful mar
cotics and is what is known as a co
caine fiend." This they failed to DO
and about the only thing that was ac-
complished along this line was 10
prove that the druggist has at times IN
the past held conversation with nm
self and swore a few times when the
witnesses thought that he was not suf-
ficiently justified.
Among the witnesses who we're call
| ed on to testify as to the sanity of the
witness were several who became bad
| " confused under the cross exanIna-
/ ton as conducted by County Attorney
/ Hungate. Coroner Keith was one OF
| the witnesses who was the most Sc
verely questioned by the prosecuting
attorney and before he was through
| with him the coroner admitted much
which was to the credit OF Auntz.
While under the rapid fire guns OF the
county attorney the coroner came very
nearly admitting that his knowledge
was very deficient, at least as TAR as
the derivative of cocaine is concerned,
as he at first said that 1t was mace
from the opium plant and when cues
toned sharply by the county atCOf-
ney, who asked him if it is not true
that the drug is made from the poppy,
finally retreated from the proposition
with the statement that poppy IS the
Latin for opiun plant But Coroner
Keith was not the only one who went
down under the nnerciless fire of cross
questions on the part of the county
attorney.
/ who is being used to bolster up the
theory of an alibi became SO confused
| that he gave three different answers to
one question that could be answered in
! but one way. He afterwards admitted
know what country he was born in.
About all of the evidence so far pro-
duced by the defense today has been
directed towards proving the insanity
through it all; and but little if any
| thing done to clear Cal Heck of the
charge under which he is resting.
Court Stenographer Chas. Bower
was placed on the witness stand by the
/ defense and testified to the finding OF
/ a small bottle which was labelled
/ f'sulph of morphia" under his desk in
| the court room after the first trial OF
/ the case, in the attempt to prove that
| kuntz is addicted to the use of CO
/ cafne. Evidently this bottle came
| from some mysterious source, as it had
not been seen by any one prior to the
4 time that it was located by the stenog-
| rapher under his table. The Drosecut-
/ ing attorney took the stand at the re-
/ quest of the attorneys for the defense
and admitted searching the clothing
/ of the complaining witness kuntz and
/ finding a small bottle in them. The
/ hopes of Attorney Nichols rose for a
| moment but his exuItation was of but
short duration for Hungate told OF
| opening the bottle only to find it filled
i with corn plasters. This ended tbs
/ search for the source from which the
/ little bottle of morphine came and al
! the request of the attorneys for the
| state the entire story was stricken
from the records and taken from tbs
jury.
Effort to Break Down Croft.
At the Wednesday afternoon session
John Croft was on the witness stand or
cross examination for an hour. Attor-
ney Nichols made a persistent and
earnest effort during the four hours that
/ Croft was on the witness stand and
during the course of the cross-question-
ing to break his testimony or to cause
| him to deviate from the testimony Civ
| en- at former trials The effort was
| vain and the attempts made by the
defendants to discredit the confession
Of Croft made his testimony all tbs
stronger. Croft admitted during the
time that he was being piled with ques-
tons that the officers had led him tc