The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-10-10
BOLIN TRIAL ON
Farm Hand Being Tried on
Charge of Murder and Arson.
Most OF Day Is Devoted to Selec-
ton of Jury.

Shaver and shorn, increased in
weight and in appearance a different
man from the one who was bound
over to the district court by Judge
Paul Heinz five months ago, James
Bolin, farm hand, went on trial today
before a jury in Judge George Whit
combs division of the district court.
Technically charged with arson. Bo-
lin is alleged to have robbed and muir
dered Mr.. and Mrs. Charles owens,
an aged couple, and then set fire to
their farm home near Berryton the
night of February 81, 1921.
Examination of Jury.
Most of today was taken up in the
examination of a jury. Early this
morning Judge Whitcomb sent in
structions to the sheriff's office to call
twenty additional jurors, but later on
the drawing of the jury was proceed
ing so rapidly that the court ordered
the call for the extra men held up. At
1880 o'clock, however, the last man
had been called and it was necessary
to recess until 1880 o'clock when ad-
ditional talesmen would be obtainable.
Practically all of the jurors said
they had read of the case in the news
papers but only three of them admit
ted having formed or expressed any
opinion regarding the guilt or inno-
cence of the defendant. They were
discharged for cause. Before noon
the state had exhausted the three per-
emptory challenges allowed it and the
defense had exhausted four of it's six.
The twelfth juror was accepted this
afternoon.
Evidence Is Circumstantial.
The evidence upon which the state
will endeavor to convict Bolin is en-
tirely circumstantial. He is said to
h.,
time The aged man was reputed to
keep considerable sums of money
about his home and this, it is alleged,
Bolin knew. The burning building
was discovered shortly after midnight
by two young couples in Berryton.
who walked to the fire and watched it
burn for some time before they were
aware that any one was in the house.
Later the charred bodies of the aged
couple were found amid the ashes.
Bolin was said to have been seen
going toward the house that evening,
across a field. Footprints in the field
correspondent in size and shape to the
shoes worn by Bolin when he was ar
rested. Wounds found on the aged
mans head were thought to have
been inflicted by some blunt instru-
ment. In the charred remains of the
bed which had been occupied by Mrs.
Owens was found a hammer said to
be similar to one formerly owned by
Bolin.
In the preliminary hearing, the farm
hand endeavored to prove an abb by
contending that he was in Topeka
with a woman that evening and could
not have reached Berryton in time to
commit the crime. The woman, Mrs
Kate Wiscombe, declared on the wit
ness stand, however, that she was not
with Bolin that evening. A great deal
of interest centers around her pros
M frcsE T., &,-so -
may have the effect of practically
freeing or convicting the accused.
Otis Hungate Is Assisting.
Otis Hungate, who with A. E. Crane
was leading figure in the prosecution
Of Rufe King, is assisting County At
torney Veale in the trial of Bolin. Ed
ward Rooney and John Waters. as
sisted by John Raster, are counsel for
the defense.
In examining the jurors today, Hun
gate questioned them particularly con-
corning their attitude toward circum-
stantial evidence. The defense stressed
the fact that no living eye witnessed
the crime, If a crime were committed.
The penalty for arson is ten to
twenty-five years in the penitentiary.
Members OF the Jury.
The jury empaneled today and
sworn to try the cause, consists Of:
J. J. Merillat J. H. Spurlock
Frank Silk Harvey Barnes
T. V Shaffer c. S. Nicely
Albert Bartram J. w. Donis
Charles L. Bockus F. B. Fritts
II. E. GOodell G. A. Morse
Most of the jurymen are retired
farmers.
County Attorney Vea1e made the
opening statement for the state this
afternoon after the jury had been i'm
paneled. The defense reserved their
statement until the state should rest
its case. The names of more than forty
of the states witnesses were then
| called and the entire number. with the
| exception of several physicians who
would not be present until their testi-
mony was wanted, were sworn at once.
Mrs. James Wilson, 719 Chestnut
street, a daughter of Mr.. and Mrs.
Owens, was the first witness to take
the stand. She told of visiting her
parents a short time before their
deaths and described the arrange
| ments of the house. The testimony
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