The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1920-11-05
DON'T MAKE DENT
Defense Fails to Shake States
Strong Chain of Evidence.
Real Testimony Will Come
Later, Attorneys Say.
half OF WITNESSES USED
Trial VIII Probably Be Finished
Next Week.
Regular November Term of
Court May Cause Delay.

A'OS uA0A NONChuch AcTm VI
Court May Cause Delay.
Lyndon, Kan. Nov. 5.-with half
of their witnesses called today in the
trial of Rufe King. who is charged
with the murder OF John Woody. the
defense has failed to make a dent in
the states strong chain of evidence.
Kings attorneys explain that evidence
introduced so far is all preliminary
stuff and that the real testimony is 10
come later.
Court May Adjourn Today. 4
1t is probable that court will be al
Journed this afternoon until Monday.
$50 that the attorneys and others NAV
De given an opportunity to spend the
week end at home. The indications
are that the trial will be Concluded
by the middle of week.
Ihe first witness called today was
Mrs. Martha King. mother of the ac-
cused man She told of Rufe's threa
years service in the army and about
him going into the livery business with
his brother, Bud. when he returned
to Maple Hill.
DIR. +. j. Wagner Called.
DR.. F. J. Wagner of McFarland
tesufied that he was called to examine
the body of a man three miles north
Oh maple Hill. He was told that the
mans name was Babcock and that he
had died of natural causes. He said
that the county attorney ordered hin,
70 have Rufe King bury the body.
Doctor Wagner's attention was called
10 irregularities in the size of the cor
responding bones on each hand of the
skeleton. supposed to be that of John
Woody. He said he had never seen
SO much variance in corresponding
bones before, but declared that there
was no set rule of anatomy by which
TINS might be judged. He also said
that the bones undoubtedly belonged
to the skeleton.
Sold Buggy to Woody.
A. R: Strowig. Paxico banker, said
in his testimony that he sold a buggy
to John Woody for $50 and took
Woody's note for this amount. He also
stated that Woody did not nav the
note. Rufe King later purchased the
buggy from Woody, Strowig said, for.
szo: Strowig said he wentto see King
ana that the matter was adjusted by
King paying him $50.
DR.. t.. e. Roblyer Of Topeka ex-
amined the gold filling in the teeth of
the alleged Woody skeleton and said
the filling was of a very common va
riety He showed the Jury cavities he
had found in three teeth. while this
examination was being made and
while Senator c. E. Carroll was hold
ing the detached lower Jaw. several
teeth fell to the floor. Rufe King
stopped and picked them up.
He Met PeddIer.
E. F. Wade, a farmer, said he was
IN Kings livery barn in December,
1905, and that King introduced him
to the jewelry peddler. He said that
King told him that the peddler was
going back to Nebraska to get an ad-
ditional supply of jewelry.
Other witnesses called were W. b.
Adams. who bought the livery barn
Dudley
The opening statement for the de-
tense was made Thursday afternoon
by Senator C. 4. Carroll, of Alma. He
said that the defense would prove that
two men whom King is charged with
numbering while he occupied the liy-
cry barn, were both seen by witnesses
| to get on the train and leave Maple
! Hill. This, he said, would corroborate
Kings explanation of their disappear
ance. He said It would be proven
! that the wood shed in which the skele-
ton, supposed to have been that of Gut
shall, was easy N access and that any
one could have placed a sack of bones
in the shed, thru a trapdoor. directly
over the place where they were found.
Not Same Rifle.
Carroll also said that the defense
! WOulO DTlnS testimony 10 prove
that the rifle barrel found in the grave
with the skeleton. supposed to. have
been that of Gutshall, was not the one
which belonged to the peddler, but
one which belonged to one of the boys
working in the barn.
One of the important witnesses for
the defense and one who could throw
some light on the case cannot be To-
Gated. He is Fred Banta, who first
! discovered the skeleton. supposed to
have been that of Gutshall However
the defense has the deposition of
Frank Banta of Provo. Utah. a son of
Fred Banta The defense claims that
Banta saw the peddler get on the
train and leave Maple Hill. It is de-
clared that he will say the same about
Woody.
The defense, IT Is said, has a deposit
tion from a man who formerly lived at
, Alma and Paxico. now living in Los
Angeles, Cal. who will testify that he
saw John Woody and talked to him
| in California. This, 1t will be brought
out, occurred after the time Woody
was supposed to have been murdered.
This witness. II Is claimed. will tell
| the jury that he had no difficulty in
recognizing the young man and that
| they talked for some time about the
| folks back home at Maple Hill ana
vicinity. In the conversation, It fs
said. that Woody told the former resi-
dent of Wabaunsee county that he
woody had been in a bad wreck in
| Oregon and that it was difficult for
him to remember his past life.
May Adjourn Case.
Due to the fact that the regular
November term of the district court
of Usage county convenes next Tues
day. il is probable that the King case
will have to be adjourned long enough
to open the new term Of court ana
dispose of any cases that must come
to trial at that time. The case is now
being tried at an adjourned session OF
the June term of court.
In the event that an adjournment
is taken in the case IL is not thought
1 that it will cause a delay Of more than
a day. as no cas- ses are known to be
case