The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-11-27
Killed His Sweetheart Because
of Jealousy.
JURY IS SECU RE D.
Defense Claims Nan Was Afraid
Of "Gang."
Interest fin Case Because Of Ex-
treme Penalty.

The trial of Robert Tellies, colored'
for the murder of Martha Arterbridse'
colored. commenced this morning IN
the United States circuit court. Judge
J. c. Pollock presiding. Though there
are almost thirty witnesses to be ex-
amined before the conclusion Of the
, case it is probable that all Of the testl-
Snony will be in and ready for the
Jury by Wednesday noon or afternoon
at the latest.
The defense sprung something OF
surprise by stating that Tellies was
afraid of a gang" and that he shot in
discriminatory at all OF the members
of the gang two enlisted soldiers,
colored. and Martha Arterbridge, who
was accompanied by the two soldiers
when the shooting took place on the
military reservation at Ft. Riley on the
evening of the 18th of July shortly past
midnight. The major part Of the
morning was taken up with the selec-
tion OF the jury The jury was finally
sworn in at shortly before noon and
the examination Of the first witness for
the government, Lieut.. Gilbert c
Smith of Ft. Riley, commenced
In addressing the jury, United
States District Attorney Bone indicat-
ed the line that the prosecution would
IOllOW III the IOllOWIuS WOLOS- 1IC
government will undertake to prove
that on the night of the 11th of July
the defendant in this case fred five
shots at the deceased. three of which
took effect in the side and the back Of
Martha Arterbridge, the deceased. The
result was she died twelve days later
Martha Arterbridge was induced by
the defendant to go to Ft. Riley. She
went there and accepted a position at
the home Of Lieutenant Smith. The
n 1of- r1or, n Ian
Smith several months before the kill
ing and made some effort to gain ac-
cess to the room of the deceased That
. Martha Arterbridge, the deceased,
made some noise to attract the atten-
ton OF others, by rapping on the floor.
That 1t attracted the attention of Lieut.
Smith. who discovered the defen dant
coming down the back stairs from the
direction of the room of the deceased.
Tellies was courtmartialed for this was
in prison and later acquitted. From
that time on Martha Arterbridge
sought to avoid him and was afraid OF
him We shall undertake to show by
the testimony of witnesses who Will be
Tellies to kill the defendant shortly
prior to the killing. That on the very
day that the killing took place he said
that he intended to get even with this
girl"
That Tellies only acted in self defense
against threatened attacks from gang
of which Martha Arterbridge was the
central figure is the plea which his
attorneys put forth in their efforts to
exonerate him from the charge of mur-
der.
A. NJ. Thomas one of the two colored
attorneys who are defending the man
charged with killing his former sweet
heart. marshalled his defense before the
twelve members of the jury as follows:
The defendant in this case expects to
prove that he became acquainted with
the woman Martha ATterbridge in thu
early part of this year She had shown
him some attention and he had shown
her likewise attention After she ar
rived at FIT. Riley Martha Arterbridge
had other acquaintance. friends with
whom she kept company. The defend
ant after becoming acquainted with the
character OF woman she was sought to
avoid her and ceased to go with her
On the night of the shooting before
the deceased called Tellies up on the
telephone and asked him if he was go
ing to town On learning that he was
not she made some threats Thomas
then ran over the alleged incidents
leading up to the killing He stated
that Tellies and the woman whom he
shot came home to the fort in the same
street car. That he was not with her
but later met her as she was walking
along with two enlisted soldiers. That
Tel'ics noticed that ore If the men had
his hand to his hip pocket as if to reacr
a TeKOiEET.
same time. That he recognized the two
men and the women and thinking that
they intended some injury to him fired
With hesitation into the group hitting
the Arterbridge woman several times
Lieut. Smith stated on the witness
stand that Tellies had been a frequent
caller at his quarters in an endeavor to
see the deceased woman who was en-
plOyed as a domestic there He was not
q witness to the shooting but detailed
o
who fed from the post following the
shooting and who was caught at Abi-
lene.
discharged because they expressed
themselves as against capital punish
4np1t Every man serving on the ilir!-
IS required to state that he has no sen
ffnent against capital punishment for
portant aspect in the case There are
no degrees of murder in the practice in
federal courts. There IS but one aspect
of CharRe-murder. The punishment
which may be inflicted by the Jury is
either one Of two things; they may or
dain capital punishment or imprison-
ment for life. The two alternatives lie
before the jury and the members must
not be prejudiced in advance in favor
of one mode Of punishment as against
another.
Five of The jurors were challenged fer
service by attorneys for the defense and
the government. The jury as sworn in
is as follows; J. E Gibson. Atchfson
county; Abe Mershfield. LeavenwOrth
county; Fred Thies. Leavenworth.
L F'awi. Shawnee; Victor PheI Saline:
T. J. Francis. Doniphan, Clarence Fl
White. Morris; r. s. WinslOw. Logan.
Emery Rowland. Dickinson: T. J. "
Ons, Doniphan; a. /. Davis, Lyon: Bert
!. wills, Graham
4 The jury averages up well with the
usual jury in service at similar trials.
The witnesses with but few exceptions