The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-08-22
MRS. new AGAIN.
Famous Murder Case Will Be
Reepened.
Another Application for Pardon
to Be Made.
TO USE A CONFESSION.
Ballard Statement Will Be Civ.
en- to Governor.
Governor Leedy COMMITTED SEN
tence to 40 Years.
O USE A CONFESSION.

Amelia New, one of the parties in
the famous Dobbs-New murder case
from Greenwood county, is to make
another fight for executive clemency,
and Governor Hoch will hear the case
some time in October. The case was
to have come up yesterday, and
County Attorney Robert Clogston of
Greenwood county was here to fight
| the application, but owing to the fact
that John Stowell. of Seneca, attorney
for Mrs. New, had not filed the neces-
sary papers and was not ready for the
hearing, the case was postponed.
George H. Dobbs, the man who it is
! alleged fired the shot which killed
Joseph New. died in the penitentiary
last January, so Mrs. New is left to
fight for freedom alone.
Dobbs and Mrs. New were sem
fenced to prison for life in 1898. Gov
ernor Leedv commuted their sentence
to forty years. What Mrs. New wants
now is an absolute pardon, on the
ground that new evidence esta blishes
her innocence.
| County Attorney Clogston said yes
| terday in speaking of the case: This
is probably the most important and
| hardest fought murder case Greenwood
county ever had. It has been in the
courts for long time, and it is now
my duty as county attorney to resist
| the granting of a pardon by the gov
ernor. The papers in the case have
not yet been filed and I do not know
what grounds for the pardon will be
advanced by Mrs. News attorneys. I
do not know of any new evidence hav-
ing been discovered"
Among other things which will be
sifted at the hearing of Mrs. News
application for pardon will be the
I Alvin Ballard confession, which was
sprung in March, 1899, and which for
a time seemed to establish the in
nocence of both Mrs. New and Geo.
Dobbs. Alvin Ballard was a peniten-
tary convict, who gave a written con-
4 that Joseph New was shot by gang
of desperadoes for the purpose of get
ting $400 which was supposed to be in
News possession. Ballard was taken
to Greenwood county, and to the scene
of the murder He showed the Off
GERS exactly where the murderer stood,
and explained all the details of the af-
fair. Ballard admitted that he was
one of the gang, but denied having had
anything to do with the shooting. 1t
is claimed that Ballard made a similar
statement to a Wichita woman while
confined in the county Jail of Sedg-
wick county. But there was consider
able doubt about the truth of Ballard S
El assertions, and they did not have
much effect.
In February, 1899, the attorneys for
Dobbs and Mrs New commenced in
the district court of Greenwood coun-
ty what is known as an application
for a writ of coram nobis. 1t is sort
of an appeal to the mercy of the court
based on gross errors in the trial of
the case. The county attorney of
Greenwood county, l.. H. johnson,
fought this application, and his posi-
ton was sustained by Judge Stillwell
To ha q
court, and Judge StillwelIs decision
| was sustained. This was the last eff
fort made to get Dobbs and Mrs. New
out of prison up to the present ap-
plication for a pardon for Mrs. New
1t is likely that the grounds for the
pardon will be similar to the grounds
for the coram nobis proceeding. Mrs
New will make the following claims:
That she was not permitted to talk
with any of her friends while in Jail
that the attorneys who represented her
at the murder trial got into possession
of about $1,000 worth of her property
and were anxious that she should be
sent to prison to that they might retain
possession of this property; that the
attorneys were guilty of bad faith and
fraud in the trial because they did not
ask for a change of venue, or procure
separate trials for the defendants, OF
use more than two or three of the
twenty-four challenges allowed on the
jury, or introduce important testimony
her own behalf, or made objection to
errors, or make motion for a new
trial.
Of course the further claim will be
made that there is newly discovered ev-
idence tending to establish Mrs. News
innocence.
The story of the murder is as follows
Mrs. New and George H. Dobbs lived
on adjoining farms about four miles
from Eureka, Kan. The neighbors ha6
noticed that Dobbs was very attentive
to Mrs. New, and that Mrs. New anG
her husband, Joseph New, did not seen
1897 about $50 at night, Mr.. New heard
a disturbance in his chicken house, and
went out doors to see what was the
matter He was assassinated with e
shotgun while on his way to the CHECKER
house. Mrs. New was in her own hOus'
at the time. On November IL Dobb'
was arrested charged with the murder
and Mrs. New was an accessory befor'
the fact. The trial took place in Janu
| ary. 1898, and resulted in conviction Tht
| case was not appealed to the suprem
court
Later John Stowen of Seneca becam
fighting for Mrs. News release eve
l since.
5 There seems to be a pretty genera
: impression that Mrs. New has a goo'
: chance to secure either a pardon or
further reduction in the length of he
sentence
Gas Plant Blows Up.
Lincoln, Neb, Aug. 22.@The cit!
= gas plant at Syracuse, Neb., has beer
partially demolished by an explosion