The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-10-12
Farmer Says He Recognized
Farm Hand in Moonlight.
Was Crossing Field in Direction
of Owens Home.
Miller INSPECTED FOOTPRINTS
Sheriff Says They Compared
With Prisoners Shoes.
Trial to Last Another Week, Is
Prediction of Attorney.

PredlcJl0n OF Attorney
How the footprints of man were
traced across the fields from the di-
rection of Pauline toward the direc-
ton of Berryton. near which town Mr..
and Mrs. Charles Owens are aIlegedn
to have been killed and their house
burned the night of February 90, 1921,
was related today by witnesses for the
state in the trial of James Bolin,
charged with arson, in Judge Whit
combs court.
John Heberling. a farmer living be-
tween Pauline and Berryton, testified
that just after the plug from Topeka
pulled into Pauline the Sunday night
of the fire, he noticed Bolin crossing
a field from the railroad tracks toward
the general direction of Berryton Il
was a bright moonlight night and
Heberling declared he recognized the
farm hand whom he had known for
years. Severe cross examination failed
to shake his testimony.
Sheriff Miller Tesufies.
Sheriff Robert Miller was then called
to the stand and testified that he took
Bolin's shoes, went to the field and
compared the shoes with the foot
prints. They tailed. he declared. His
cross examination by the defense was
long and detailed. He admitted he
traced the footsteps for a distance of
labout $50 yards, or from point with
in a mile of Pauline to a point within
two miles OF the Owens home.
Pete Reyner, who also lives in that
vicinity, corroborated Miler's testi-
mony. Testimony of the states wit
nesses intimated that Bolin might
have gotten off the train when 1t took
the siding north of Pauline to allow
the fast train from the west to pass.
Tom King. Santa Fe passenger agent.
was called 20 describe the train and .
the possibility OF getting off at the
switch or of stealing a ride from To-
peka. u
! A transcript of an interview of Bolin
| by County Attorney Veale in the lat
ter's office on February 27. was read
to the jury by Otis HuRgate, assisting
| the state.
| Sheriff Miller testified that after
1 Boln's arrest, two days after the fire,
| he asked if he might be allowed to go
| to the postoffice. Miller said he granted
| permission and after the prisoner had
departed followed him secretly in an
automobile. Miller said that instead
! of stopping at the postoffice, Bolin
went to Tony Clicks place, 224 East
Fourth street. and entered. Within
five minutes he came out and returned
to the Jail, said Miller.
Tony Click. Tuesday, testified that
when Bolin entered the restaurant he
asked to see Kate Wiscombe and tell
her that when the lawyers came TO
tell them everything was all rights
Click said he sent the word to Mrs.
Wiscombe. At the preliminary hear
! ing, Mrs. Wiscombe testified that she
did not see Bolin that night. Follow
ing his arrest he claimed to have been
with her from 9 o'clock until 1 o'clock,
H. johnson, 222 East Fourth street,
testified that because Bolin could not
get a room at Tony Clicks rooming
house. across the street, the night OF
the fire, that the farm hand made
arrangements to stay with him. He
| left about 6 o'clock in the evening,
johnson said, saying he had a date
with a married woman" and that tt
would probably be late when he
came in.
johnson said he was awakened by
Bolin's entrance in the night and that
he asked him what time it was. Bolin
| replied that it was 2:30 o'clock, john
son said.
Frank H. McQulston. farmer who
| lived near Berryton at the time of the
| fire, testifi d to three distinctive oc-
casions when he said Bolin expressed
the belief that Charles Owens kept
! his money about his place. On one
occa sion, McQuiston said, Bolin ex-
pressed the belief that Owens had ssy-
eral thousand dollars about the place.
| McOufc.on said the rumor that the
old man kept his money about his
! place rather than in the bank was
common in that neighborhood.
Attorneys in WrangIe.
Five minutes was given over to
wrangling by the attorneys when Otis
, Hungate assisting the state, made the
, objection that Ed Rooney, for the de-
| fense, was treating McQuiston unfair
/ ly in his cross ss-eXamination. John
! Waters, Rooney's co-counsel, made an
inpassioned speech to the court de-
] clar.ng he and Rooney were the OBJ
! jects of many "scurrillious" remarks
cast across the table by the states at
/ torneys. Apparently relieved by un-
| loading some of their opinions of each
! other. the attorneys then proceeded
with the questioning
| When Lon kinkaid of Berryton was
/ called to the stand and questioned by
/ Neale as to where Owens procured
/ the money for which he had paid 1im
for a horse six years before. the de-
| fense objected on the ground that the
/ event was too old. Explanations by
| Neale and Hungate that they were
/ merely beginning at an early period
of time to show the habits of the dead
man relative to keeping his money
| about the house. were Of no avail ana
| the court sustained the objection.
| Kinkaid left the stand without his
| testimony going into the record.
| It did not seem probable today that
/ the case would go to the jury before
the middle of next week. The state
/ is expected to conclude its testimony
T by Thursday night or Friday morning.
| Ed Rooney Bolin's attorney, said the
| testimony to be introduced by the der
fense would consume several days. Rel
| buttal by the state and arguments OF
attorneys will occupy at least one day,
it is thought.
The court room has been crowded
50 far every day OF the trial Many
are standing on the main floor and