The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-11-26
Murder Trial Before Federal
Court in Topeka.
Robert TelIies, a Negro Soldier,
Is the Cnlprit.
KILLS TOPEKA WOMAN
Charged That Jealousy Was the
Motive.
Judge Pollock Refuses to Have
Liquor Injunctions Removed.

The one lone murder trial which will
be tried before the November term of
the United States circuit court in To-
peka will commence Tuesday morning
at 10 o'clock when Robert Tellies. col
ored and formerly a member of the
Ninth cavalry U. S. A.. viii stand trial
for the killing Of Martha Arterbridge,
colored. domestic in the employ of one
of the officers at Ft. Riley. Both of
the principals in the tragedy are for
mer residents of Topeka. The woman
as the sweetheart of Tellies and
he induced her to go to F't. Riley
1t is said that after she arrived she was
not as constant to Tellies as should
have been and that as consequence he
became jealous.
On the evening of the 18th he met the
woman in front of her quarters at the
fort and riddled her with bullets. She
died few days later.
Jealousy is the motive set up by the
government in the proceedings against
Tellies. An attempt will be made to
show that Tellies should be convicted
of murder in the first degree. which
would mean a sentence to hang under
the federal law.
The defense claim that Tellies shot
only in lf-defense and that the wo-
man had threatened him and was seen
to carry gun on her person. Jealousy
it is alleged was also the handspring
of Martha Arterbridge's threats which
caused Teilies to shoot on sight for fear
that he would be shot.
An attempt to secure a continuance
of the case was made by the attorneys
for Tellies on the plea that two of their
and that continuance OF the trial
should be granted until the witnesses
could be procured. The two witnesses
the defense is trying TO secure are Dol
mar Sterling supposed to be in .CaIifor-
MIA and Hattie Pair of Kansas City
The motion to continue and the motion
to ouash part of the alleged testimony
of the witnesses for the government
were presented to the court. The mo-
ton to continue was OF allowed. Judge
Pollock ruled that tae trial should pro-
ceed and that IL the witnesses could
be procured their testimony would be
considered along with the remainder of
the facts and testimony brought out in
the trial in the decree of the court
Whetherin case of conviction Tellies
is sentenced to a term in the federal
penitentiary or is hanged will depend
upon the jurors who will serve. The
attorneys for the defense are A. NJ.
Thomas of Topeka and l. F. Bradley
of Kansas City.
The list from which the jury will be
drawn follows: w. W. Dehler, J. E.
Gibson, Abe Hershfield, T. T. Dean,
Robert Mitchell, I. J. Francis. ]. D.
Waters. Clarence H. White A. L. Fawl,
Fred Thies, A. D. Blanchard. George
p. Fell, Edward Keaton, 7. J. Lyons.
A. H. Griffin, A 1. Davis Glenn Kee-
seeker r. s. Winslow. Emery HOwland,
Victor Pehl, Bert Wills. G. A. O'Neal.
Albert Tucker James L. Shadel J. S.
Cook. B. NJ. Garth, James B. Starnes,
John Buchanan, Israel Morris, H. ID.
Walters. T. B. Perkins, Dana Needham,
H. H. Braynard and Edward Lawn.
The first day of the November term
of the court was taken up with the an
nouncement of the docket and the real
grind of justice will commence with
Tuesday, the Tellies case being the frs:
up for trial
In addition to this Judge Pollock
overruled the plea of attorneys for
Mary A. J. Devlin in which it was
claimed that the United States district
court had no jurisdiction over the per
son of Mrs. Dev1in as to indicating |
where suits must be brought by hes
though granting that the court has tuT-
isdiction in the matter of the property
and that such property as was involved
in the suit was subject to the United
States court in this district. A citation
from a decision made by Judge E. B.
Adams Of the circuit court of this cir
cult was the basis of the plea of the
attorneys for Mrs. DeVlin. Judge Pol |
lock held however that there was suffi-
cient diversity of opinion on the point
to warrant a declinatiOn to follow the
decision offered and ordered the DeVIln
attorneys twenty days in which to an
swer the demurrer set up by the attor-
neys for the trustees to the suit brought
by the Devlin attorneys to set aside the
deeds In the Illinois properties and
which was decided to the receivers by |
G. j. Devlin in behalf of his creditors
a short while before his death This
will bring the fight as to the possession
of the Illinois property into the United
States court of this distri>S
Judge T. F. Carver. who was appoint-
ed assistant attorney general for Shaw |
nee county TO prosecute the violators OF
the prohibition law in Topeka and this |
county drew first blood in the prosecu- |
ton of cases against Lon Townsend /
W. G. Stephenson and w c. Stephen |
son and George Blackburn
The attorneys for the defense endeav- ]
ored to secure a removal of the cases
from the district court to the United /
States district court on the claim that |
a constitutional question was involved |
violation of the Fourteenth amendment |
involving deprivation Of civil rights |
Lon Townsend and w c Stephenson
are charged on separate counts with !
violation Of the prohibitory law while |
Blackburn and Stephenson are Jointly |
charged with contempt of court
The cases will have to go back TO thu |
district court, Judge Pollock holding |
that the constitutional question was |
not involved.
The best way to celebrate Thanks