The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-01
Hill City Murder Case Reaches
Topeka.
Proceedings Commenced in Su
preme Court Today.
RELEASE OF KELEHER.
This is Asked on Ground of His
Alibi.
Claims Graham County Justice
Is Preiudiced Against Him.

Habeas corpus proceedings to secure
the release from jail of Charles Keie-
her. which were commenced this morn
ing in the supreme court, have shifted
the center of activity in the Hill City
murder case from Graham county to
Topeka. Justice Henry Mason heard
the application for the writ. and grant
ed it. making the return day December
Is. The charge being murder, Keleher
viii have to remain in the custody Of
Sheriff John r. Ashcroft until that
time. The papers were filed in the su-
preme court by David Ritchie, Of Sa-
lima, one of KeleheF's lawyers.
NJ. @. Porter and James King, coun-
ty- commissioners of Graham county,
were also in Topeka today, and en-
ployed 7. r. Carver to assist County
Attorney Harwi of Graham county in
the prosecution OF the case against Le-
land Roberts. the man who confessed
to the killing, and Keleher, who was
implicated by the confession.
Tt is set forth in the keleher petit
ton that on November 10 a complaint
was filed before 3. F. PostOn, justice Of
the peace in Graham county, charging
Keleher with the murder Keleher was
arrested at that time. Leland Roberts,
who was arrested at the same time,
made a confession a few days later,
that he hired a negro named Ross to
do the killing. The next day Roberts
went back on this confession, and made
another, in which he said that he,
KeleheT and Charles #etzel who was
murdered, started to 90 to Kansas City
on the day of the murder; that when
they arrived at a point about two miles
east of Hill City. Ross attacked Wetzel
with q club and killed him while
heieher and he assisted. Roberts saI~
that this happened while the freight
train eaStbOund on the Salina, Lincoln
& Western railway was standing at the
depot in Hill City. Testimony EYas in
troduced to show that this train arriV
ed at Hill City at 2:32 p. m. and left a
2.50 .. m The petition then goes on
s'1hat on said preliminary hearing
the said Charles Keleher offered eight
reputable Witnesses including the Hon.
d. ]. Hanna, Lieutenant governor Of
the state of Kansas, showing his
whereabouts during that particular
day from 2 o'clock noon until about
3.4O in the afternoon, and that all Of
which time he was in Hill City, nearly
two miles from the place that said
killing was alleged to have been done,
and that it was impossible for the said
Charles Keleher to have any cOnnec-
ton with the comm ission of said crime
Your petitioner further AYERS that
the said .. f. Poston. the justice of
the peace before whom said
preliminary examination was had
was biased and prejudiced against the
said Charles Keleher and that it was
impossible for the said Charles Kele-
her to have a fair and impartial hear
ing before said justice of the peace.
That said justice of the peace upon
announcing his decision binding over
the said Charles Keleher, declared
substantially that he did not believe
the state had offered all the testimony
that was in its possession, or which It
might yet develop, and in view of
those facts he would bind over said
Charles Keleher without reference to
Whether the testimony offered on this
nearing was sufficient to satisfy his
lnlnd mat there was probable cause to
believe that said Keleher was guilty ef
lhe oiIense charged against him
our said petitioner further ALLEGES
IuaU the confession of the said Leland
Roberts hereinafter referred to. so far
- sucn confession connects your peti-
uoner with the killing of said Cbas
Wetzel, is wholly and totally false and
Untrue. g ''N
Your said petitioner further AYERS
thal on account of the feeling. and
prejudice aroused among the De0D1e ~
general by the Circulation ana nh
llca1on of the said alleged confession
OF SAID Leland Roberts the DuhIfc
mind has become greatly infiamed
and excited, and il is utterly innoesibIe
at this time for the said Chas. Keiebee
to get a fair, impartial and inpag.
slonate hearing of his cause before
amy Of the local courts OF GRAHAM
county"
The petitioner asks that in case the
supreme court finds that there is anv
testimony i'm the record which REQUIRES
Submission to a jury. so far as his in
nocence is concerned. that he he al
mitted to bail pending the trial. He
says that the next term of court will
not begin in Graham county until
February 1906.