The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-12-03
First Degree Murder Charge
Upheld by Decision.
Case Placed in Hands of
Jurors Early Today.
JURY WAS OUT FIVE HOURS
Verdict Reached on Third Bal
IOt-Ten to Two on First.
Doctor and His Wife Take the
Decision Calmly.

Hutchinson, Kan, Dec. 3.-Dr. w.
A Nixon, found guilty of first degree
murder, will Immediately file a mo-
ton for new trial, Senator CARR w.
Taylor. chief counsel for the defense.
announced. If the motion is over
ruled, an appeal will be taken to the
Kansas supreme court, Taylor said.
Great Bend. Kan. Dec "a YER
dict of guilty of first degree murder
was returned this afternoon by the
jury in the case of DR.. W. A. Nixon, in
connection with the killing of Arthur
Banta, a young attorney.
Doctor Nixon received the verdict
in the matter of fact way he viewed
tho entire trial.
Il am absolutely innocent of the
murder of Arthur Banta." said the
convicted physician.
The attorney for the defense said
he was greatly surprised and an
nounced he would file a motion for
new trial
The jury was out five hours.
Verdict on Third Ballot.
The verdict came on the third bal
lot. The jurors stood, 10 to ., for con-
viction on the first ballot. on the
next the count was IL to l. The last
juror standing for acquittal went for
conviction on the third ballot taken.
Doctor Nixon and his wife were
alone in the court room, with the eX-
ception of court officials and newspa-
per men, when the verdict was an
nounced. Mrs. Nixon received the
verdict calmly.
The convicted physician refused to
comment on the result of the trial
other than to declare his innocence.
''I have nothing further to say" he
declared
The case will be appealed to the
supreme court of Kansas, the defense
announced. Sentence was not pro
nounced Immediately after the verdict.
The jury in the case of DR.. w. a.
Nixon. charged with the murder of
Arthur c. Banta, local attorney, re-
ceivCd final instructions from Judge
Harris this morning and began delib-
erating the fate of the physician.
Counsel arguments were concluded
late last night after which the judge
sent the jury to bed for the night.
Two Opposite Pictures Painted.
State Senator Carr W. Taylor, sum-
ming up the defense's plan last night,
described the physician as "a man
about doing good" He painted DR..
Nixon as a Doctor Jeky1 while coun-
sci for the state denounced him as
Mr. Hyde
The prosecution pictured Nixon as
the arch-plOtter in the murder of
Banta for which AL (Curley) Wal
lace and Roy Hayes, principal accus-
ers of the physician, also stand
charged
County Attorney W. J. Weber re-
= \ %
Body Was Found July 7.
Early on the morning of July Z, last, /
the body OF Arthur c. Banta, contain
ing half a dozen bullet wounds, was
found beside his automobile on a
A coroner's jury decided he had met
his death at the hands OF a person
or persons unknown some time dur
ing the night before
Friends and neighbOrs testified at
tie trial just ended that Banta was
last seen about p. nj. as he entered
his car and drove away from the Elks'
club following a telephone call. Sew
eral weeks after the killing, Al
(Curley) Wallace, a local restaurant
keeper. and Roy Hayes, a filling sta
tfln employe. were arrested and
charged with the murder of Banta.
Friends Implicated Doctor.
In sworn statements these men,
both admitted intimate associates of
Doctor Nixon, implicated the physi /
clan in the triangle. They appeared !
at the trial as the states principal ac-
cusers Of the doctor. In his testimony
during a grilling direct and cross ex-
animation Wallace hung to the story !
that he had been told by Nixon that !
Banta owed him (NiXon) debt, and |
that Nixon. on the night Banta was
murdered, had invited him to go along
to collect the money.
Walla~e said he refused to accom-
pany Nixon and went to his restau-
rant, where he remained until a late
hour. Later that night, he testified, ]
he met Nixon and Hayes in a nearby
drug store and asked the doctor what |
had transp.red. Keep your mouth |
shut and watch Hayes" Wallace said
Nixon told him. Later, Wallace testi- |
fled, Nixon told him that he and
Hayes had driven to a point out of
town where he. the doctor, had left
the machine and gone into nearby
corn field to get some whisky, and
had returned to find Banta lying
wounded beside the latter's car. Wal 7
lace testified that Nixon told him he
final shots to make sure that Banta !
was dead
Hayes Tells of Flight.
Hayes, in telling his story on the |
stand. said he had been instructed by (
Doctor Nixon. on the night Banta was
to drive the doctors car to !
q point about four miles from town |
Upon arrival at the specified place, ne
sat3. Nixon got into the machine anc /
took the wheel. They drove on, he |
testified. until the headlights of an
other machine appeared from the op- |
posite direction, whereupon Nixon |
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