The Topeka state journal., 1909-02-11

was used in the technical point of
definitely determining how long prior to
the arrival of train lis to Newton the
murder had been committed, thus
jurisdiction. Chief Special Agent Ger
main was again called on the stand for
re-examination.
The State Rests
At $3.50 D. m. the state rested. a de-
murrer was filed by the defendants at
torneys, w. H. Wheeler and H s. Mar
tin, asking that the case be thrown out
of court giving as a basis of their de-
murrer that Marion county district
court did not have jurisdiction and that
the murder did not occur in Marion
county. The jury was excused while a
brisk legal battle ensued between state
and defendants attorneys The states
attorneys contended that the court had
a right to settle the matter of jurisdic-
tion, thus not leaving 1T a matter for
the jury to decide from the evidence
given. The court Oyerruled the de-
murrer of defendant.
In answering the states contention
that the matter Of Jurisdiction should
be decided by the court and not the
jury the court stated that in his in
struction to the jury he would make 1t
pain that if they should find that any
part, prior or subsequent happenings
were committed within Marion county,
his court would have jurisdiction. In
this answer the states attorneys have
gained a very important point as the
defendant is charged with having COM
mitted the crime in Marion county.
After about one hours recess the jury
was recalled and the defense by W. H.
Wheeler made their statement as to
what they expected to prove and show
to the jury in their defense.
Contention of the Defense.
Attorney Wheeler's statement to the
jury outlining his defense:
1.-THE defendant, William T. Carr,
was born at Brookfield, Mo-, was rear
ed and received his early education
of altar boy in the Catholic cathedral.
When about fifteen years of age he
left home and engaged in railroad work
and shortly after that became an en-
ploye of the Wells-Fargo Express Co.
Was about four years in that capacity.
I'm the evidence we will show you
he was married to Miss Simmons in
June 1905, at Newton, Kan, has now
a wife and two children, that he was
supporting them in the employ of the
Wells-Fargo Express company and
also the Santa Fe railroad; that just
prior to the time of the commission
of this crime this defendant was
thrown from a car in the Santa F'e
yards at Newton, Kan, and badly in
1ured and at the time when the crime
was committed he was a cripple, that
he had great difficulty in moving
about. The evidence will show you
that just after he was cripped he was
unable to do any work for the Santa
Fe and then he entered in the employ
of Mr. Simmons in the pool hall at
Newton, Kan, that he worked there
until some time in the month of
March and he was still in the crippled
condition and felt unable to work at
the pool hall and set out to get en-
ployment with the Wells-F Fargo Ex-
press company. That about two
weeks prior to the killing of Oscar
Allen Bailey the defendant beat his
way to Kansas City, Mo, to seek en-
ployment and was in Kansas City
seeking employment and staying at his
fathers and mothers home in Kan
sas City. Mo, and during that time
he concluded to again return to the
work he had left in the pool hall at
Newton, Kan. and that he rode there
on train No. III.
Charges Evidence Was Manufactured.
"The evidence, gentlemen of the