The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-11-27

ing of the case in the higher courts
by John Stowel and other attorneys
who became interested in the case At
ter being refused a new trial in the
prime court of the United States on
writ of coram nobis, and the SUI
preme court held, as did the state SUI
preme court, that they had no power
of review, and that the only help lay
in executive clemency.
Confession of AIva Ballard.
Another very widely advertised and
sensational feature was the confession
of Alva Ballard. a convict at the
penitentiary, made in 1898. Ballard
in his confession said that he, a man
named Allgood and one other man
murdered New to get possession of
$3.50 which New had in his possession
as the proceeds of a sale of cattle. He
said that Allgood did the killing, and
that after Mrs. New left the house,
the three men entered, and took the
money from News vest Ballard
made this confession to Mrs. Lucy
Without, a religious worker, in the
Wichita jail about year before his
formal confession at the penitentiary.
Ballard was taken to the scene of the
crime, and showed remarkable
familiarity with the case. but some
time afterwards, he repudiated his
confession, and the story was general
ly discredited by most people as an
effort on Billiards. part to get a par
don from prison.
There was, however, some confirma-
tory evidence secured from one Samuel
F. E. Garrison, who lived not far from
the scene of the tragedy, who testified
to hearing three horsemen go past his
house just before daybreak on the
morning after the murder. The horses
were running, and he heard one man
say to the others, I'VE will have to
hurry or we won't get there before day
light" 1t is claimed that the three
men were Ballard and his companions
making their escape to Wichita.
Offered Dobbs Chance to Escape.
Another very peculiar circumstance
of the Ballard confession was Billiards.
story about the effort of his gang" to
free Dobbs from the Eureka Jail. Bal
lard testified that the gang dressed
up one of its members in woman's
clothes and sent him around to Dobbs
cell at midnight. The fake woman
climbed up a ladder to the window
and told Dobbs that she was Carrie
New, Joseph News sister. She offered
him saws and other implements neces-
sary to work his way out of the Jail,
and he refused to take them. A few
nights later, the same offer to Dobbs
was renewed in the same way and he
again refused.
When the prison officials, in seeking
confirmation Of Billiards. confession
asked Dobbs if he had ever been offered
a chance to escape from the Eureka
JAIL he replied, Yes, but I never told
anybody about it because of the source
from which the offer came.' On being
questioned, Dobbs admitted that it was
Carrie New who offered him the saws,
and that he never told of the affair be-
cause he did not want to involve her in
the difficulty.
In many ways, the Ballard confession
was confirmed, and in spite of the fact
that Ballard repudiated the whole
thing, there is considerable reason to
believe that it was the truth, and that
Joseph New was really murdered for
his money by the gang of horse thieves
led by Ballard and Allgood.
Emelia New is now 4S years of age.
On January 25 she would have been in
the state penitentiary ten years. She
will be given home with her sister at
Bisbee, Arizona. 1t is likely. however
that she will first go to Greenwood
county, and make fight for possession
of her 240 acre farm and other property
which is now a much more valuable
than when she entered prison.