The Topeka state journal., 1911-09-02

and the starting of the machine.
Charles H. Kestleberg considered an
important witness, was called.
The prisoners face was wreathed IN
smiles as Mr.. Kestleberg entered the
room.
Kestleberg's Story.
you are a married man. Mr.. Kestle-
berg" asked Attorney Smith, for the
defense.
You own an automobne?"
Were you on the Midlothian turn
pike on the night of the murder?"
What timer
"tAbOut 1O:30."
Were you with anybody?"
Yes. 1 Lad a lady with me-
Did you stop on the rOad?"
L stopped at a pump to get some
water for the machine.
Did anyone pass you?"
Yes, two machines"
Were they going fast?'
DID another car pass later?"
Yes"
Did it stop?"
Yes, and the occupants asked me
if I needed help. I was in front of
the machine and the lady was stand
ing on the left running board
''Who was the car that offered to
help you?''
"A carload or boys.
you have told this to friends have
yes. and I have tried to keep out
of this case
''Why?''
Because I did not want any news
paper notoriety."
Afraid of His Wife.
LAS a matter of fact you were afraid
it would cause some emba barrassment
at home weren't you -
Yes
what kind of top did your car
have?"
"A black one"
you came here with some reluct-
ance, did you not?"
on cross examination Prosecutor
Wendenberg inquired if the witness
could fix the time Of his departure or
return to Richmond that night.
He said he could not.
Then you are guessing as to the
time ?'' asked the prosecutor.
Mr.. Kestleberg testified that he
returned to Richmond
Who was the lady?'
Il don't know, but I have been try
ing to find out ever since"
Il thought you would want her to
testify"
'aThen you wanted to mix her up
in the case and not yourself ??
mo, I wanted her to substantiate
what I would say in case 1 had to
testify"
You were drinking that night,
weren't yOu?''
"A few glasses of beer"
Witness added he was not drunk;
was sober enough to run an automo-
bile.
Defendants Time Near.
The nrisoner was expected to take
he stand shortly after noon in direct |
examination, to be followed by a Wig
orous cross examination, which, it was
said. possibly might continue into the |
evening. Today, at any Yate, the de-
fense was prepared to rest its case
and to fortify itself Sunday against the |
forthcoming rebuttal of the prosecu- |
ton on Monday.
Upon the kind of story told by the
prisoner today many things are de- |
pendent 1t already has been demon |
strated by the defense that the accused |
would cling minutely to his story at |
the coroner's inquest concerning the |
alleged highwayman and would con- /
tinue to discredit Paul Beattie, both |
with respect to the purchase of the /
fatal shotgun and the alleged cOnfes- /
sion which Paul says he heard from |
the lips of the accused the night after |
the tragedy.
Importance will attach to the ex-
DldIdllOH Ol lIG pilSOIl6l DIS ~ LIS
ations with Beulah BinfOrd. the So
called "girl in the case" Not so many
details Of the alleged motive for the
crime had been brought to the surface
by the prosecution at the time the ac- /
sused was on the stand at the cOrO- |
ler's inquest and for today's cross ex-
animation the prosecution let it be |
known that it had some interesting |
questions to ask the prisoner concern |
ing the girl.
Beulah, though summoned by the
was not put on the stand |
and if she goes on at all it will be in
the rebuttaI which is to begin Mon
lay. If the prisoner admits his rela- |
-ionship with the girl in much the
same way that he did at the coroner's s |
the girl to testify, as it is an open Sc
sret that her numerous statements and
chatter about the case have demon
strated to both sides a certain risk in |
her to take the stand
May Involve Binford Girl.
One report today was that the de- |
tense might before the trial was con- |
GUIDED point to Beulah as an acces- |
sorry before the fact and the prosecu- |
ion it is understood has been work |
ng on information concerning girl |
Who is reported to have been told by
Beulah that she knew of the planning |
)f the murder
Only in corroborating the testimony |
IF Paul Beattie. who says he carried |
certain messages from Henry to Beu- |
ah just a few days prior to the muir
ler is it probable that the prosecu- |
ion viii use her testimony Such cor |
will be of minor impor- |
ance as the defense already has by |
numerous witnesses attacked the We
-acity of Paul as to other points in |
mis- story.
The prosecution, however. stands
-eady to support PauTs testimony, |
he most vital assault on which was |
made by the defense two days ago |
when z. H. Neblitt testified that he /
saw Paul standing in a doorway with