The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1920-11-06
Defense Uses TwO-ThirdS OF
Its Witnesses.
So Far No Impression Is Made
on States Case.
BAkTA STAR WITNESS
Says He Saw William f. Ringer
Leave on Train.
Third Legal Battle Takes Place
Over Photo.

Lyndon, Kan. Nov. 6.-With two
thirds of its witnesses already used,
can the defense introduce enough evi-
dence in the next two days to save
Rufe King from conviction?
The testimony of the ten witnesses
used Friday apparently failed to make
the slightest impression upon the web
OF circumstantial evidence woven
around King by the state. Either the
defense has fallen flat, or the testi
mony of the first ten witnesses was
only the groundwork for that which
is to come.
Banta Is Star Witness.
The only apparent evidence of any
value introduced by the defense was
the deposition OF Frank Banta. of
Provo, Utah. Banta asserts that
on a dark, stormy night about the
time OF the disappearance of Will
nam F. Ringer. the peddier, he
went to the depot with Ringer and
saw MN get on a train. bound for
Okiahoma to sell his jewelry to the
INDIANS. Banta says he helped him
carry his suitcases and that the ned
dler also had with him his rifle Tbis
last is an important point, for the rusty
parrel or rifle was found beside the
skeleton alleged to be that of Ringers
banta also asserted that A. +. Made.
d Larher' was in the depot at the time.
Earlier in the day. when Wade was
on the stand, he asserted that the 9ast
time he saw the peddler was on a clear
morning. He went to the King barn
ior MS horse, which had not vet fin
isned 1eeding. He said King intro
ouced him to a man known as the
peddler and told him the peddler was
gong back to Nebraska for more lew
! elry. Wade said the peddler left the
oarn and walked toward the depot
ana lnat after his horse had fed he
mounted and started south for home
He saw the peddler coming befck again
on the opposite side of the street, he
said This is clearly in conflict with
Bantas statement, which corroborates
the statement made by King.
Third Legal Battle.
When it came to a point in the
eposition where Banta was handed a
photograph which he identified as
that OF Ringer, the same man he had
taken to the depot Otis HunRate
leaped to his feet and demanded that
the photograph be introduced The
de1ense refused and this precipitated
the third legal battle of the trial.
iungate contended that part of a
! deposition could not be introduced un-
less it was all introduced, and alleged
that the photograph was part of the
deposition John Schenck, attorney
for King, held that he could not be
compelled to introduce the picture un-
! til he desired. Judge Robert Heizer
demanded to hear authorities on this
point, and as neither side was pre-
pared, the trial was adjourned until
Monday morning. The outcome of the
argument over the mysterious photo
graph may be the most important fea-
ture of the case.
Saw Woody I'm California?
A deposition by ]. c. Phipps of Los
Angeles. former Paxico restaurant
| man, stated that he had seen a young
| man in California in May. 1920, whom
he thought was Woody. In some ways
J his description corresponded to that of
the missing man. but under cross ex-
animation he admitted that there was
possibility of doubt. The young man
had positively denied his identity, he
said, and asserted that he had been
| born in Pomona, Cal
While not attempting to show d.
rectly that such an occurrence had
taken place, the defense intimated
Friday by its testimony that other
bones might have been buried near
the Rufe King barn. 1t was brought
near the town and that about 1904
there occurred a wreck in which thirty
persons were killed. J. N. Dolley, for
mer state senator, testified to this, but
asserted that the bodies were all
taken TO Topeka 1t was attempted
to prove that hog pen once existed
where the skeletons were found, with
the fntimation that had the skeletons
been there in Kings time the hogs,
roofing around, would have revealed
| them in their shallow graves.
Mrs. Rufe King, wife of the accused
man. will be placed on the stand Mon
day morning. 1t is thought. Whether
King himself will take the witness
stand has not been decided, his attor-