The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-11-24
KUNTz TELLS HIS STORY.
Positively Identifies Heck and Croft
as His Assistants.

Positively Identifies Heck and Croft T
as His AssaiIants
Fifty-two men in all were examined |
as jurors in the Heck case now on |
trial in the district court, before the |
jury was chosen and a majority of +
those released We're dismissed for
cause, neither of the attorneys using
all of their peremptory challenges. !
The jury was completed about 2.30
Wednesday, and the introduction of
evidence began as soon as a state
ment of the case had been made by
the prosecuting attorney The case
OF the prosecution was outlined briefly |
but concisely, including briefly the
story of the crime for which Cal Heck
is on trial for his liberty
The first witness was Harry Jones. /
one of the stable boys emploved at
the time of the crime by Jonathan
Iholnas. While the second was a boy
employed in the same capacity. They
told of the finding of Mr.. Funtz in an
unconscious condition in the stable
back of the alley where he was as
saulted, when they came down to at
tend to their teams the following
morning: They told OF finding n man
whose clothing was saturated with
blood which was flowing from numer-
Gus wounds in his head. and told Of
the identification by the police who
were called.
Policeman McElroy was one of the
first police officers to arrive at the
scene when notified by the boys of
their discovery, and his statement
corroborated the story which thew
told. Considerable time was taken
up by the attorneys for the defense
in the introduction of a diagram of
the stable where the body was found
and the interior arrangements tt
would seem that the defense will be
that MI Kuntz wandered into this
barn while under the Influence of
narcotics of
of the horses in the stable is resDon-
sible for his condition, or that thew
nope to make such a showing that
they may create a doubt in the mind
the jury.
Kuntz on the Stand.
Mr.. Kuntz was called to the stand.
nut an objection was made by the at
tofneys for the defense and the jury
was sent out of the room while the
attorneys spent an hour wrangling as
TO the sanity of the witness A bar
Der, real estate man, and several
other representatives of the ordinary
professions of life were placed on the
stand to prove that the witness was
OF unsound mind at about the time
the assault was committed. The best
that the defense could do was to
prove that the witness had been
known to act queer at different times
and had talked to himself Judge
we'll taken and Mr. Kuntz took the
stand. After a few preliminary aues-
tons County Attorney Hungate asked
the prosecuting witness:
Mr.. Kuntz, do you remember the oc-
casion of your being assaulted, beaten
and robbed 90
Yes, sir, replied Mr.. Kuntz.
DO you know who it was who as
saulted you?' asked the attorney.
Without change of facial express
sion and without a culver in his voice
| the witness pointed to Cal Heck and
said There is the man. Cal Heck who
struck me over the head with the ham,
mer and John Golf over there is the
man who was with him and assisted in
the work"
The scene was dramatic one as the
accused and the accuser faced each
other in open court, the accused gazing
steadily at the man whose head shows
the indentures made by the hammer
blows, while the victim looked direct
~ at the man whom he accuses of being
his acknowledgements absolutely sure
of the statement he was making.
Couldn't Be shaken
As the testimony progressed Mr..
kuntZ told of knowing both of the men
accused of the assault before the crime
was committed. and told of meeting
Heck at the alley on Van Buren, street
where the assault occurred, how Heck
stepped up to him and chOked him into
partial insensibility. He then told how
I Golf stepped out of the alley and how
the two men carried him to the back
end of the alley to the barn where he
was afterwards found by the stable
bov.
Mr.. Kuntz told of recognizing his as
/ saiIants and how he pleaded with them
/ to take all that he had but to spare his
4 life It was when he recognized his as
sailants and pleaded with them for his
+ life that they seemed determined to get
i him out of the way for good, so that he
/ he oh To inf On
/ The blood stained hat and the over
( coat saturated with the blood of the
victim were introduced as evidence and
identified by him as were a package of
papers and watch and chain which
was found where John Cor testified
that they were hidden. The testimony
of the witness was clear and his recol-
i lection and Identification seemed COM
plete as to dates and the property ia
ken from him.
County Attorney Hungate asked:
How did you get those wounds which
! are on your head?'
Mr.. Kuntz replied: They we're made
! by hammer in the hands of Cal Heck
the night that Cor and Heck robbed
me and tried to kill me
How many of them are there on
your head?" asked the prosecuting at
| torney.
Five in all. - replied the witness plac-
ing a portion of his hand in each Of the
indentures as he located them, for the
jury and attorney
A strenuous effort was made by At
torney Nichols for the defendant to
] break the testimony Of the witness and
+ confuse him. but the attempt was en-
tirely unsuccessful Mr. kuntz adhered
i 10 the story which he told on the stand
and which is the same that he told at
the previous trial and at the preliminary
I hearing The witness was on the stand
/ for about two hours, most Of the time