The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-11-28
State Outlines Case Against DR..
Nixon at Trial Start.
Great Bend Court House
Crowded With Spectators.
PARENTS OF VICTIM ATTEND
Audience Warned by Judge Not
to Start Demonstrations.
Prosecution Lays Stress on AS
sOciatiOns of the Accused.

Great Bend. Kan, Nov. 2S.-Re-
venge is the motive which the state
will seek to establish in the trial of
DR.. w. A. Nixon. charged with the
murder of Arthur C. Banta, Great
Bend attorney and son of Judge D. A.
Banta, County Attorney w. J. Weber
declared in his opening statement to
the jury today.
The state expects to prove, Weber
said, that young Banta was killed on
a lonely country road, about four and
half miles west of Great Bend be-
tween the hours of and 10 o'clock on
the night of July 9Th, last. and that
Nixon is the man who committed the
crime
Weber declared the doctor had
feeling of bitter hatred toward Banta
and that on the afternoon preceding
the alleged murder Nixon said to a
witness. who will be produced:
Il knew Banta was a double
crosser, but I did not think he would
ever double-cross me, but he has
Doctor Nixon sat unmoved at the
table, with his attorneys. while the
county attorney made his statement
to the jury. By his side sat his wife.
Mrs. Nixon. who is small and pretty,
wore a dark blue jacket suit, with
furs, and a plain black sailor hat
Victims Parents Attend.
Judge and Mrs. D. A. Banta, pa
rents of the slain attorney, also took
places within the rallied off space at
the front of the hearing room. Mrs
Arthur Banta of Wichita, widow of
the dead attorney. arrived at the
opening of court but remained in a
private room during the opening
statement
Spectators began to arrive early
this morning and when court con-
Vened every available seat in the court
room was taken. with many more
standing in the aisles. The doors were
closed and the corridors in the court
house filled rapidly.
At the opening of court Judge Will
liam c. Harris of Emporia, the trial
judge, said information had come to
him that friends of the prosecution
and defense had come with the inten-
ton OF staging demonstration. Judge
Harris admonished the spectators
that the trial was to be an orderly
lawsuit in a court of justice and not a
show. Any demonstration of approval
or disapproval would be severely pun
ished, he said.
The witnesses for the state were
sworn in body and then excluded
from the room with a warning from
the court to refrain from discussing
the case with each other
County Attorney Weber in his state
ment outlined in detail fne evidence
on which the prosecution relies to
convict DR.. Nixon. Weber told the
jury the state will prove that init
mate personal and business relations
had existed between Nixon and s. A.
L. Curly Wallace. a restaurant
keeper, also held in the case, ever
since the doctor came to Great Bend
ten years or so ago.
Associated With Hayes.
Similar relations, he said,, also
existed between Nixon and Rov
Hayes, an oil company employe and
the third man held in the case, for
several months preceding the death of
Banta. By the testimony of HAYES.
weber said, the state will show that
on the night of the killing DR.. Nixon
called Banta on the Telephone at the
Elks club, and asked him 10 come to
his office.
The man who answered the call at
the club, will swear positively, Weber
asserted. that he recognized the voice
as that of Nixon. That afternoon the
county attorney declared, Nixon told
Wallace that Banta owed him some
money, adding. and I'm going to get
him if have to kill the double
crosser."
Boy Saw Banta and Nixon.
Weber said the state intends to pro-
duce a boy who will testify that short
ly after o'clock on the night of the
killing he saw Banta in his automobile
in front of Nixon's office with another
man in the car alleged to answer the
description of the accused physician.
This boy, the county attorney said,
then saw Banta and the other man
drive away on what proved to be
Banta's death journey.
Wallace. Weber said, he had refused
to accompany Nixon on the trip with
Banta and was in his place of busi-
ness during the supposed time of the
killing. Hayes, according to the coun
ty attorney, on instructions from Doc
tor Nixon. left in the doctors car by
a rounda bout way for the rendezvous
where he arrived after the killing and
picked up the physician.
Called 1t "Bonehead."
Later that night, according to the
prosecutions statement, Nixon, Wal
lace and Hayes met in a drug store.
When Wallace asked what happened
the doctor is alleged to have refused
to talk and warned Wallace to keep
your mouth shut"
Several days afterward Nixon told
Wallace, according to the latter's
sworn statement, that Hayes pulled a
bonehead" and shot Banta.
The state will show. Weber said,
that the accused physician attempted
to get Hayes to go to Mexico after the
shooting and that he advanced a 5000
attorney fee for Wallace. who had
been arrested in connection with the
case