The Topeka state journal., 1909-02-11

jury, will show you that the overcoat
in this case is not his overcoat and he
does not know anything about it. or
90 ms people The evidence, think
viii dlSclose to you that the package
In this case. the box that was left in
BockmoleS barber shop was tamper-
ed with and an exchange made. The
evidence will show you that the barber
snop was a place men went in and out
of day and night up to 10 O'Clock and
men went in for bathing and some
times to drink. That the pool hall is
puphc place open to anybody going in
and out. The evidence will show YOU
that the circumStancfaI evidence in
TINS case has been largely magnified
we VIII show you by a witness who is
a member of the Santa Fe force un-
der II. H German, that evidence has
been suppressed in this case and when
train No 115 went out of Kansas City
three men were seen stealing a ride
upon that train and report of same
was turned in by this man to the Sc
cret service of the Santa Fe That
this man was a detective in the SER
vice and he made report of these three
men riding on train and that when
Carr was arrested Mr.. Germain's man
was instructed to make no report of
this
1--WE will prove that when train ar
rived at crossing of Missouri Pacific
railway three men jumped off and that
door was open on south side of car.
hand side Of the engine who was look
ing out of the cab looked back and
saw two men jump off and run away
from the trucks. That Mr.. Beeler, the
engineer on the right-hand side looked
back out of the cab and saw the third
man get off. We will show you with
the evidence that names of employees
have been withheld from the defendant
and his counsel and when we have
shown you this defendant had not more
opportunity to commit the crime than
any other man who was present there
we will expect mercy at your hands"
CaIdwen's First Witness.
The first witness called by the de-
fense was man by the name of John
Caldwell discharged track watchman
of the Santa Fe. who claimed he had
been working at Kansas City under
Head Watchman s. w Zickefoose at
Kansas City. It is believed Caldwell
came to Marion to give expert evil
dence as to the handling of criminal
cases by special service departments of
railroads. He admitted he had been
discharged from the Santa F'e service
but stated he had had considerable ex-
perience III the detective line, having
at one time recovered a watch for
Frisco coach cleaner at Kansas City,
this, however, seemed to be the extent
of the detective work, as when cross
examined by the state and asked to
give further references relative to work
he had handled in the guise of a detec-
tive he sat on his rights stating he
did not care to incriminate himself by
divuIging to the court and jury his con-
nection with cases he had handled.
After a gruelling cross-examfnation
by the state he stated he saw three men
board Santa Fe train No. 115 at Kan
sas City on it's departure from that
point the night of March %, 1908, de-
scribed them and gave the distance be-
tween the spot where he was standing
and where parties boarded train this
was proved to be more than a quarter
of a mile and that it was 1880 o'clock
q. m. when he saw them. The defense
closed their days work with Caldwell
still on the stand in the hands of the
state. From the manner which the
state is handling him 1t is quite evil
dent they will discredit statements
made by him.