The Mena weekly star., 1913-05-01
BERTHA CAPPSL|ED
 ATFATHERS TRIAL
Girl Now Asserts That Evidence Which Brought Sentence of Death to Parent Is Untrue
 Boy Also RepudiateS.

Ft. Smith. April 27.-'I testified falsely at the trial and want to tel the truth now. said Bertha Capps xhea placed on the stand yester- day afternoon in, support of ar amended motion for a new trial filed on behalf of her father. Ma iron Capps, who Is under sentence of death, having been convicted ot having set fire to his house neal Bonanza on December 2. last burning three of his children tO death The girl stated that the bedding was not saturated with oil but that the odor of oil that per Yaded the room when she awoke vas due 10 the oil that had been in khe lamp and in the oil can that Eas kept ln the bed room. She also said that she tried 10 escape by the door of her fathers room and that she was not able to open it, but she did not begeye it was locked, as the wind frequently blew 1t to. The girl stated that she made the state ment she did before the eoroner's s jury, and as the testimony had been suggested to her in the excitement, she repeated 1t: that when she had thought over the matter later, she desired to tell what she believed to be the truth. but was deterred by numerous parties advising her that ii she did not tell the same story as al the cOrOners inquest she would get into trouble
 In confirmation of the claim that Gapps was a victim of circum- stances, the girl told of the boy. Ellis, getting up In his sleep one night and building a fire in the cen ter of the room. Her father was awake at the time and extinguished the fire.
 The girl said that she and Marion Booth, a neighbJr boy, had been en- gagged tO be married, and that the wedding had been set for Christ mas, but did not take place It was ag Booths house that the girl went Jn escaping from the burning building. and the questions that young Booth asked her suggested 4he first story she told. She said she engagement had since been Broken of, she having written to young Booth last Sunday to that effect. The girl told her story Frankly and without embarrass- menk and seemed more self-pos- sessed than at the trial of her father. She showed traces of feel ng toward the Booth family.
 You were up here at the trial and told the jury that you father fId it. and now you say as positive Y that he did not Which do you expect us to believe? You may some here the next time and say that neither of these stories
 nue, said Judge Hon.
 There won't be any next time, '' replied the girl. T have told the truth. and there is no changing of sfie truth"
 You told the jury positively, re- ferring to your father, he did it and he knows he did What did you mean by that2"
 The girl tried to explain that so many were saying it that she had Testified to it once and was afraid 20 make any change in her testi- nony for fear of getting into trou- Dle.
 The boy. Ellis. was in the court room. but was not put on the stand although it is stated that he. too has repudiated his testimony. While Ehe girl was on the stand she made reference to her brother as beine an awful liar. and at this h. laughed. Those who have talked tC him say that he will make very lit He statement about the affair fur. 3her than 10 say that he has no toId the truth. T just lied" he it quoted as saying.
 Judge Hon took the case undeI sdvisement until May 8, when h, will have some other court matters before him.
 Wanfed-WOman ar girl for h0tISn.