The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-28
Star Witness for Defense Saw
Defendant in Field.
There When 1t Is Alleged
Teacher Was Attacked.
STATE LOOKS FOR HUNG JURY
And Vawter's Attorneys Are
Positive of Acquittal.
sstimOny Differs on Light in
the 0utbuilding.

The star witness for the defense in
the case OF the state against Alfred
Vawter was Frank Meyer. tn young
farm hand. who was first accused Of
the attack on Bertha Curran, since
charged 10 Vawter. His testimony was
"a surprise not only to the attorneys
for the state but to John Schenck and
Tinkham Neale, attorneys for Nawter
lie established practically a complete
alibi for Nawter-
Incidentally Meyer s.ated, in his tes-
timony. that Rad Lee, assistant county
attorney scared" him into stating
noon Of the alleged assault. 1t was
when he saw Alfred Vawter the after
noon Of the alleged assault. 1t was
upon cross examination that this state
ment was brought out. w. E. Atchi-
son. for the state, desired to put Lee
ON the stand in rebuttal but Lee had
gone To- Nakarusa after more evidence
and was delayed. Judge Dana de-
chued to hold the case open for his
return and the Nawter case Will go
To the Jury with Meyers testimony in
gard to Lee unimpeached.
All of the testimony was in before
noon today. The instructions were
given to the jury and the arguments
hr-au after court recOnVened. About
three hours have been allotted to the
arguments Of the attorneys Then the
case Will go to the jury. The average
spectator thru the trial expects YER
diet within two hours or less and there
are few so sanguine as to expect a
conviction. Attorneys for the state DO
not appear TO expect more than I
huns jury while attorneys for Nawter
expect an acquittal
Tracks Led TO Vawter's.
Following the alleged attack upon
Bertha CuTran. the Waveland school
mistress last spring, Olaf Nelson and
Olln Robbins. neighbors, followed
tracks from the outbuilding to the
Nawter residence. according 20 their
testimony. Frank Meyer, Nawter's 5
hired man. was at the eLd of the
tracks He was alone at the Nawter
home when the two men reached there
and they suspected him of the crime
He was taken into custody that night
and brought to Topeka and placed in
the county Jail Later he was released
when Bertha Curran failed to iden-
tify him.
In his testimony today Meyer told
Of all the happenings of the afternoon,
Of his arrest that evening, of the trip
to Topeka and Of subsequent events
All Of his testimony was in the ma
ture Of short answers to long ques-
tions but grouped together his answers
make running story of the after
Moons events.
Il was shuckinE shocked corn in a
field about mile south and west of
the Wavclaud schOolhouse," he said
About '4:30 o'clock l had the lower
bed Of the wagon fun and crawled up
on the wagon to change the throw
board To the near side of the wagon.
I saw Alfred Nawter while l was on
the wagon He was in a field south
west of the schoolhouse with some
thing on his shoulder Which I have
since learned was hoe. l thought
he was looking over the ground to see
il il were dry enough to plow."
How do you know it was 4:30
O'CLOCK ?" demanded W. f. Atchison
AIibi for Vawter.
Because I had looked at my watch
at AIS and it was a few minutes aft
er that" was the reply.
The attack upon Bertha Curran is
supposed to have occurred between
AIS and 4:30 o'clock. School was out
and all Of the pupils except Helen
Truudner had left the building. Moy-
er's testimony as to Nawter's where
abouts at that time of day was the
first that had been brought out dur
ing the trial and was Of immense i'm
portance TO both sides w. E. Atchi-
son tried for half an hour to shake
Meyer on that point and failed.
Didn't you tell Rad Lee. a few days
after the attack. that you did not
know exactly what time it was when
YOU saw Nawter out in the field?" he
asked.
Yes. Rad Lee scared me into saying
I could not be sure about the time
said Meyer.
"Oh. you We're scared then. were
YOU 80
Yes. sir
And you're not scared now2"
Yes I'm scared now" said
Meyer.
You mean to say then" said Mr.
Atchison. that to protect yourself
YOU were willing to testify in a way
that would convict an innocent man"
Il mean to say" said Meyer. chat