The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-11-30
NIXON DEFENSE
TRIES TO PROVE
COMPLETE ALIBI
State Rests Prosecution Before
Noon Today.
Cross Examination Indicates
Hayes To Be Accused.
WIDOW OF VICTIM ON STAND
Mrs. Banta Tells of Last Sight
of Husband.
Both Sides Expect Case to Go
to Jury Friday.
WIDOW OF VICTIM ON STAND
Mrs. Banta Tells of Last Sight
of Husband.

Great Bend Kan. Nov. SO.-The de-
fense expects to prove an absolute
alibi for DR.. w. A. Nixon. now on trial
for the murder of Arthur c. Banta,
Great Bend attorney. Eustace Smith.
attorney for Nixon. said in his OPEN
ing statement to the jury today.
The state rested its case at 500
O'Clock. After a recess Smith began
his statement.
That an alibi would be the principal
defense offered for Doctor Nixon was
complete surprise, attorneys for
the accused physician had not dis
closed their plan.
Smith told the jury the defense
would prove by the testimony OF
! Frank kellam, a farmer and brother
! of Sam Kellam. clerk of the district
court, that while he was talking 10
Doctor Nixon on the street about
| o'clock on the evening of July 6th
he saw a car drive up to the doctors
| office.
Account For All His Time.
A few minutes later, Smith said.
the doctor went into his office. where
he found Mr.. and Mrs. Ralph Merton,
who remained about Is or 20 minutes.
| Imm edia tely thereafter. he continued,
Mrs. Hal Wood came into this office
and remained about ten minutes. and
! while she was there Doctor Nixon
went to nearby drug store to pur-
chase a baby bottle and other articles.
returning in from three to five
minutes.
the doctor went out in front of his
office, found Toy Hayes in the sedan
and drove with him 20 the Nixon
home, where he left the baby bottle
| for his wife. left the sedan in case Mrs.
Nixon should want to use it. and drove
! back to the business section with
; Hayes in the doctors other car.
| coupe. This was about 9:35 or 9:4O.
Smith said Nixon and Hayes then
went to a drug store, where they or
dcl ed some drinks and were joined by
A. L. Wallace.
Roy Hayes, who late yesterday aft
| ernoon told his story directly accus-
ing Doctor Nixon of killing Banta, was
recalled to the stand for short time
this morning He testified he saw
| 1920 revolver such as wac supposed
| tc have been used in the staying, in a.
drawer in the doctors private office
! the afternoon of July 6.
Tells of Selling Gun.
| The deposition of c. L. Evans was
| introduced He stated he sold 1920
revolver to the doctor in September
1920.
Mrs. Arthur Banta, widow of the
dead attorney, was recalled this morn
| ing. She said she last saw her llus-
band about 7:30 o'clock the evening
/ D.
driven by Arthur as a green sporS
model with wire wheels.
/ Frank Kellam. called as a witness
for the state. said he drove into town
with his wife on the night of the
| killing He said he drove up parallel
to the doctors car shortly before 9
! O'Clock and talked to Doctor Nixon.
I Suitaning an objection of the state
Judge Harris did not permit Kellam
to state on cross examination whether
the doctors office while they were
! talking.
May Accuse Hayes of Crime.
On Hayes's cro35- examination SEN
ator Taylor intimated by a question
that Hayes was the actual slayer OF
iBanta. The witness answered by maxi
ing face at the attorney. to which
exchange OF sarcastic remarks be-
tween attorneys for the state and de-
fense VIII ch furni~hed amusement for
| the crowd Judge Harris admonished
the jurors to remember that what the
attorneys said was neither law nor
: evidence.
Among the minor Witnesses called
by the state in concluding its case
were J. NJ. Carrigan and Mrs. Rag
Millard. who testified they were two
of six passengers in a motor car who
about $3.50 on the night of July
passed the empty car Of the s'ain att
torney on tn side of a lonely road
about four miles west Of town. Just
before it was testified another car
was seen approaching which sudden
ly turned and went the other way at
a RAPID rate.
According to the testimony Of Roy
Hayes. ne picked up Nixon at the
scene Of the killing. The recess which
was taken after the state rested was
Enlightened until 1 O'Clock In the
meantime the defense marshaHed its
witnesses relied upon to establish the
lphysician's alibi
To Jury by Friday.
A member of the defense counsel
said that II the st te finished today.
the defendants evidence probably viii
be ready soon after the last witness
leaves the stand and that he will give
all the time desired for arguments.
perhaps three or four hours to each
side.
Indications are that the case will 90
to the jury not later than Friday night