The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-06-22
IN own DEFENSE
Roscoe HOrnbaker Takes Stand
in Murder Trial.
Wife Tells of Events Preceding
Death of McEIheny.

Paola, Kan, June 22.-Roscoe Horn
baker, rural mail carrier, took the
witness stand this afternoon to defend
himself against charges that he muir
dered George McElheny, postmaster of
Louisburg, Kansas. In anticipation of
the defendants appearance the largest
crowd that has yet attended the trial
was on hand early. Hornbaker, who
will depend upon a alibi to free him
of the charges, probably will tell again
the strange story of his friendship for
the widow of the slain postmaster,
which the state maintains, precipi-
tated the crime.
Mrs Belle Hornbaker, the accused
mans wife, who yesterday testified to
a complete alibi for her husband the
night of the murder, resumed the
stand today. The first she heard of
relations between Mrs. McElheny and
her husband, she said, was on March
10, when Mrs. McElheny appeared at
her home in the absence of her hus-
band and flourishing a revolver, de-
manded letters. Mrs. Hornbaker said
Mrs. McElheny's attitude was so
threatening that she fled to a neigh
bor's. She testified she had no knowl-
edge of the letters up to that time.
Cross examination failed to bring
forth any material change in her
statements.
Marie Hornbaker, the 13 year old
daughter of The accused man, corrob-
GRATED the alibi testimony of her
mother when she took the stand to-
day. She was undergoing an exact
ing cross examination when court took
the noon recess. 1t is thought the
younger brother will also testify on
this point.
Describes Night of Murder.
Mrs. Belle Hornbaker was the
central figure on the witness stand
Monday Her direct testimony gave
her husband a complete alibi on the
night of the murder from the time
they left the band concert on the street
of Louisburg until the telephone rang
in their home and he. answering the
call, told her that McElheny had been
killed.
Mrs Hornbaker, erect, plain and
strong featured, presents a strik-
ing contrast to the willowy figure of
Mrs. McElheny. Her answers are CIV
en- in a shrill nor otone, greatly con-
trasting to the we'll modulated voice
of Mrs McElheny
In her testimony Mrs. Hornbaker
gave in detail every action of the fam
lily on the fatal night Leaving a band
concert, she said, they drove by the
McElheny home and left the milk
which they delivered to them every
night on the front gate post. Then
they drove home. She said she was
suffering from a headache and she and
the children sat in the buggy while
her husband unhitched the horse Co
ing into the house, Hornbaker heated
water and applied hot cloths to her
head until her headache was relieved.
The family then retired and Horn
baker, she declared, was just falling
asleep when the telephone rang and al
his wife's touch, arose and answered
it. 1t was then he called upstairs and
announced that McElheny was shot,
she testified. They arose, summoned
a neighbor to care for the children and
went to the McE1heny home.
Cross examination following ner tes-
timony, while not severe, was in great
detail.
The state rested its case this after
noon and the defense began its testi-
mony. The defense hopes to finish
its case tomorrow and unless much
time is consumed by the state in re-
buttal the case should be in the hands
of the jury by Wednesday night.