The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-27
RESTS IT'S CASE
Prosecution Closes Evidence in
the Vawter Case.
No Direct Testimony Against
the Accused Man.
AN ACQUITTAL IS EXPECTED
Testimony Punched Full OF
Holes by the Defense.
Crowd Is Disappointed by the
Tameness of Proceedings.

The end of the Vawter-Curran as
sault case is in sight. At noon today
the state rested. 1t will introduce no
more testimony. It's case is made.
The defense is putting on witnesses
this afternoon and probably will finish
its case before the evening adjourn
ment. The arguments of the attorneys
for the state and the defense will fol-
low and the probabilities are that the
case will go to the jury some time
Saturday.
Altho the courtroom has been jam
med all day by spectators awaiting
sensational testimony relating to AL
fred Vawter, the young farmer, ana
Bertha Curran, the young Waveland
school mistress. there has been moth
ing of that nature today. 1t was dis
appointed crowd that left the court
room when the whistles sounded the
noon hour.
Altho the testimony of the witnesses
for the defense has not been heard,
courtroom gossip has it that an even
bet on conviction is a poor bet; that
while there may be a hung jury, an
actquittal will not be a surprise.
Apparently the weak place in the
states chain of evidence against Vaw-
ter is the testimony to the effect that
the day and evening of the alleged
assault in the outbuilding, at the lone
ly school house, Bertha Curran did not
name her assailant. It was not until
much later. after Frank Meyer had
been brought to Topeka and placed in
the Shawnee county jail, then released,
that she charged Alfred Vawter with
the offense.
BY inference John Schenck, attor-
ney for Vawter, has attempted to
throw suspicion upon other farmers in
the Waveland neighborhood but in
every case the attorneys for the state
I1t xxfIn
let the man out. Olaf Nelson and
DIN Robbins have both been put I'M
der fire by Mr.. Schenck but they and
witnesses who followed them told
plausible stories of their activities on
the afternoon the assault is alleged to
have occurred.
Charles Lyle. deputy marshal of
the court of Topeka, was on the stand
today telling of his arrest of Alfred
Vawter following the issuance of the
warrant. In answer to questions he
stated that Vawter told him that the
afternoon of the alleged assault he,
Vawter was working in a field not far
from the schoolhouse, draining some
wet ground.
Did his. position give him a COM
handing view of the schoolhouse p
asked Schenck.
HE said it did" said Lyle, land it
appeared to me that it did"
Did Re say anything about seeing
any one around the schoolhouse
mo" said Lyle, but he said he
believed he would have seen any one
had he been there"
Lytle said Frank Meyer was work
ing in a field farther away from the
school house and that Vawter de-
clared he had not seen Meyer leave
the field.
II asked him if he thought Meyer
committed the crime said Lyle. land
he sal he of 6a1i
that kind of man"
DIN Robbins, with whose family
Bertha Curran boarded for three
years. told of events after the alleged
attack had been reported over the
neighborhood Attorney Schenck
questioned him closely as to his where
abouts the afternoon of the attack.
Robbins stated that he was at home
building a cement porch and that his
Troudner and others were there. Mr..
Schenck did not follow that line of
questioning farther.
The Vawters do not appear to be
greatly worried over the testimony.
While there has been much circum-
stantial evidence to the effect that it
was Alfred Vawter who entered the
outbuilding and attempted an assault
upon the school teacher. there has
been no direct testimony connecting
him with it. There are some gaping
holes in the states case.
Mrs. Vawter the wife, and Mrs.
Vawter, the mother, have sat beside
Two little flaxen- haired children of
the defendant have been in the court
room at all times. usually one upon
the lap of each, the father and the
mother.