The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-10
CALL FOR Mr.. CRAY
Both Sides in Larimer Case
After Chief Witness.
Defense Anxious to Dispute
Sworn Affidavit.
CLOSE WATCH ON THE JURY
Prejudice DiSqualifies Many
Men in Jury Box.
Court Room Filled to Hear
Murder Case Details.

G. c. Gray is the chief witness for
the state, in the prosecution of Hugh
Larimer. undersheriff. on the charge
of murder, in connection with the
shooting of James Baker last summer.
Gray is gone. The chief attorney for
the state. John Mclaughlin. tried to
secure a continuance because of his
absence and failed. Today the defense
is making every effort to find Gray
the attorneys TOR the man charged
with murder have wires out all over
the country trying to locate the man
upon whom the prosecution depends
for a conviction
This unusual situation is due to the
belief, on the part of the defense, that
Gray will not go on the stand and
testify to the same statements he
made in an affidavit Immediately fol-
lowing the shooting. He stated in his
sworn statement that he saw the shot
fired that killed Baker. Several Off
GERS who had Gray In custody at the
time, as we'll as others who were on
the ground, are said to be prepared to
testify that it was a physical lmpossl-
bility for Gray to have seen either
Baker or Larimer at the time the shot
was fired.
! Mclaughlin made the statement
that he saw Gray a short time ago in
: Kansas City. One of the Bakers went
( to Kansas City, presumably to tlno
| Gray and bring him back to TESTIFY
The member of the Baker family re-
turned to Topeka just after noon to-
dav without Gray Kansas City de-
4 tectives and police and the officials
! of half a dozen other cities have been
requested by the attorneys for Larl-
mAr. TO arrest Gray upon sight ana
hold him.
More care is being taken in the Sc
| lection of a jury in the Larimer case
| than in any case tried in a local court
in years Since yesterday afternoon
attorneys have been examining the
men in the jury box. Six men DIS
| qualified themselves by admitting they
could not bring in an unprecedented
verdict because of opinions they had
formed.
wedding Out Jurors.
The attorneys for the state finished
their examination of twelve jurors at
! noon today Maj A. NJ. Harvey. for
! the Defense took up the examination.
! After twelve men have qualified
| there is still much to be done before
| the case begins. The state has six per-
emptory challenges and the defense
has twelve That is always true in a
murder trial. 1t is possible that none
of the twelve men now in the jury
! box will sit in the case. Eighteen men
! can be removed without cause.
w. E. Atchison, county attorney. is
sitting in the case with John Nc
Laughlin, attorney for the state. I'm
| der the law he is one of the prosecu-
tors. He occupies a seat across the
table from Hugh Larimer, one of his
closest friends. Mr.. Atchison exami-
ned the witnesses before the coroner's
| jury at the inquest when the jury
brought in a verdict to the effect that
the shooting was accidental and un-
avoidable When efforts We're made
afterwards to secure warrant charg-
ing Larimer with murder, Atchison,
believing the shooting purely acciden-
tai, refused to ask for the warrant.
Mrs. Larimer has been in the court
room in a seat behind her husband
since the examination of the jurors
began. The court room has been fill
ed almost constantly. Three brothers
of Hugh Larimer, all attorneys, have
been IN the room at all times but are
| taking no active part in the case.
, Dozens of friends of Larimer occupy
seats inside the rail on his side of the
long table.