The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-03-21
HARPSTER'S new TRIAL
Confession of Dying Man May Free a
Convicted Murderer.

| Newkirk. Q. T., March 21.-The jury
in the case of al Harpster, now or
trial for the murder of. Martin Julian
| has been secured, and the introduction
of testimony commenced by the prose-
cution. The first witness called was
Della Lewis, the girl who was with
| Julian on the night he was shot and
killed. She told the same story that
she told at the former trial a year ago.
Mrs. Abel, who lived east of Ponca
City, and to whose house the Lewis
girl drove with Julian after the shoot
ing, was on theRstand and told of JUL
ian's death at her home. J. F. Snyder,
owner of the nca City hotel, where
Harpster made his home, was on. the
stand this afternoon ~-
He has already served nearlyra year
in the penitentiary at lansing Kan,
being free save through executive
clemency,. when The dying conf essipn
of a man claiming to be the real InuF-
derer was, presented TO, the governor
of Oklah ona, and his release. secured
from the trial court. a-t I3's~
Following his conviction in the dis
trict court here he was sentenced to
serve ninety-nine years in the peniten-
tiary. sr ~sY 4
on the night of June "a, 1905. Mar
tin Julian, a bartender, while riding in
a buggy east of Ponca City with Della
Lewis of Arkansas City was shot and
killed. Harpster, who was a bartender
in the same town, was out driving with
Nellie Edwards, friend of Della Lew
IS, and also from Arkansas City. Both
couples drove in the same direction
1t was about 10 o'clock and the bug
gies were not in sight of each other,
when man, who could not1be identi-
fed on account Of the darkness, stepped
from the side of the road and COM
manded Julian to stop. Not waiting
for Julian TO obey the command, the
man placed revolver of heavy calf
Der against Julian's shoulder and fired.
The bullet passed through Julian's
body.
The Lewis gill drove to a farm house
nearby and summoned help, but Julian
died within a few minutes. He was
conscious to the last and knew he was
going to Gle. His actions led those who
were with him to the belief that he
knew the identity of his assailant. He
talked, but when asked who shot him
refused to answer. The girl could not
identify the murderer.
Harpster was arrested a short. time
after the killing upon the theory that
he had killed Julian because of jealousy
on account of the latter being with the
Lewis girl The footprints found at the
scene OF. The shooting correspondent to-
the size of the shoes worn by Harpster
and other evidence of a like nature
was introduced sufficient to cause the
jury to bring in a verdict finding Harp
ster guilty of murder.
Byron Cole, the man whose confess
sion is responsible for Harpster's new
trial and which is believed will in the
end clear him of the murder charge,
was a resident of Ponca City at the
time the murder was committed. He
lived with his mother and stepfather, |
4 man named Ward.
A year later Cole was wanted on an |
other charge. The Garfield county Off |
GERS located him and with a posse sur |
founded him in a cornfield. When owl
ertaken Ward turned upon the officers |
md made n vain effort to stand them |
IF single handed. He opened fire, as |
lid also the pursuers, and Ward fell |
pierced by three bullets. In the field T
where he lay 1norta1ly wounded, he |
confessed that ne was the murderer of /
Martin Julian and that Harpster was /
serving a term in the penitentiary. The /
man was taken to Enid, where I
le made a more detailed confession be- |
ore he died. He gave as his reason for |
he crime the intention to rob Julian.