The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-02-13

taken at the June trial. In sub
stance this was that he saw while his
train was stopped at the Missouri
Pacific crossing just east of Newton,
two parties leave the train and go
south.
Wife on the Stand.
The wife of the defendent was
placed on the stand and testified as
to the time in the morning her hus-
band came to her fathers house
where she and her children were
living on the early morning Of March
%. 1908, that his clothes were not
dirty and grfmy but were slightly
dusty and that he wore no overcoat-
again stated she had never seen the
overcoat offered as evidence, stated
her husband had gone TO Kansas City
about the middle Of March seeking
employment However, she did not
answer, and the court ruled il was not
proper cross examination the con-
tent1on Of the state that before going
to Kansas City. her husband had told
her he was going to leave her If she
would not place the two children in
support them and her too. Mrs. Carr
further testified as to the dates they
had lived in Oklahoma City, Newton
and La Junta and accounted for the
blood spots on her husbands over
coat by stating she had wrapped 1t
around his crippled foot when they
were moving from a boarding house
TO her fathers. This is new evidence
which was not brought out at the
former trial She also stated the over
coat which was a long one was cut off
| in the months of January or Feb
ruary. 1901 Also that on the morn
ing of her husbands return to New
ton she had told him to go to a
father had done enough in supporting
her and the children while he was
absent
Father and Mother Testify.
The defendants father. Lewis Carr
was called and testified relative to the
age of his son, the time he lived with
his parents at their home town in
BrookheId. Mo- and at Oklahoma City
The father also testified as to the over
coats he knew Of his son having and
that he did not have any when he came
TO Kansas City in March. 1908. Mr.
Carr also introduced new evidence as
TO the overcoat that was not brought
out in the June TRIAL
The mother. Mrs Lewis Carr, was
the next witness called and testified
as to living in Kansas City. Mo, that
they had lived in Oklahoma City &
number OF years and that her son was
reared in BrookfeId. No, at which
point ne served in the capacity of al
tar boy when a child.
Express Messenger North was called
to state the condition OF the doors o.
the express car when the murder was
discovered at Newton Stated thai
when he arrived at the scene he found
| the east door on the south side of cal
open. but that other parties had pre-
coded him
/ At this time the defense stated the1
/ had but one more witness and that wit
ness was sick and not able TO go OF
the stand. and by consent of the cour
the state recalled John Caldwell for re
cross examination Mr.. Caldwell rec
ogniZed his handwriting and signaturv
to number OF reports made by hin
dated March %, %. so and 81, 1903. Il
these IL was not found he had mad
mention OF seeing three parties boar
Etrain rs at Kansas City the night o
I March ., 1893, as he alleged in f0rme
examination When asked by tn
Estates attorney how many he had kill
led during his detective service he re
piled that he had killed two horse
thieves in Texas, but that he did no
wish his wife to hear OF his making
1.-THE statement as she was bitterly %