The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-12-01
DR.. NIXON TAKES

but said he had on no coat and was
wearing a light shirt.
She said she had known Doctor
Nixon for many years, but if it were
he, she was not able to recognize him,
as it was dark.
George Fox. Rice county sheriff.
testified he visited the Barton county
Jail after Wallace and Hayes were ar
rested and there saw them in the
same room with other prisoners He
cross exa mination he admitted there
might have been q deputy present
without his knowing it.
Try To Establish Abb.
The defense attorneys said they ex-
pect to complete their presentation
of evidence during the day.
The defense began calling its wit
nesses yesterday and for the first time
revealed they would seek to establish
that DR.. Nixon was at his office in
Great Bend between and $3.50
o'clock the evening Banta was killed.
Banta was found shot to death be-
side his motor car four miles from
town. Further testimony to show
that the doctor was in his office In
consultation with patients at the time
of the tragedy was in prospect to-
day. the defense attorneys stated.
Defense Has Strong Chain.
By testimony introduced. the de-
Tense attempted to establish these sa-
Hent. facts: 4
d That Nixon was busily engaged at
his office with patients between 8 and
$3.50 o'clock the evening of July 6. the
time Banta was supposed to have been
killed.
That Wallace could not have re-
turned to his office by 500 O'Clock.
quarrel in June with Banta and had
threatened to kill him; and that his
shoes and trousers were muddy the
morning after.
That Roy Hayes in a conversation
with a cell mate in the Barton county
jail. prior to making his sworn state
ment duplicating Doctor Nixon. con-
fessed that he shot Banta after hold
ing him up with a gun for money.
Following the opening statement by
Eustace Smith, the defense began bit
by bit to introduce the evidence 10,
establish Doctor Nixon's alibi.
Had Patients at office.
Frank Harrison, who has a pub
lie garage at his home, testified he re-
paired Doctor Nixon's car the evening
of July 6. At the time Nixon, Wal
lace and Hayes were in it. He said
they came just as the sun was going
down and stayed for one-half or
Frank Harrison said she saw Doctor
Nixon leave around around o'clock.
Within the next half hour. she said
she talked to the doctor at his office
at two different times
Mr.. and Mrs. Frank Kellam testi-
fled they motored to Great Bend from
their country home and drove up par
allel to NiXon's car in the center OF
the street near the doctors Office
There they engaged in conversation
for about ten minutes, they said, fix
ing the time as between 8 and 9:15
a tax Il %Izo
only occupant of the car. other than
the doctor, was Roy Hayes While
conVersing, they testified, they saw a
small car drive up Immediately III
front of the doctors office. Mr.. KEEL
lam said he saw a man and woman
get out and go in and that soon after
ward the doctor followed them into
the office.
Ralph Merton took the stand and
testified he and his wife drove up to
the doctors office in small car, went
in and were in consultation with the
doctor for about fifteen minutes. as
nearly as he could Judge. He said he
was not certain of the exact time they
drove up, but it was about 9 O'Clock.
Mrs, Hal Wood said she was in the
doctors office from about 9:15 to $3.50
and that while there the doctor asked
her to answer any telephone calls
while he went to a drug store-and was
gone from 3 to minutes
Says Hayes Implicated Himself.
c. B. Griffith, assistant attorney
general, on cross-examinatio in an
effort to shake the testimony of these
alibi witnesses, questioned them par
as to time.
Asa Thomas, who has been in the
Barton county Jail since July Is,
related how two OF three days after
Hayes was jailed, h. lold him story
duplicating himself as the slayer of
Banta.
Roy Hayes and I talked it over
two or three times" Thomas told the
jury. 'At first, Roy asked me IL I'd
ever done any high lacking By that
is meant holding up a man with a
gum I told him yes 1 had
How did you feel at the timer
Roy asked me.
None too good replied"
Practically the same with me,
only I lost my nerve Hayes said.
I've been in something I'd give a
million dollars to be out of
Then he told OF holding up some
guy by the name of Banta- Roy said
he did not intend to shoot him, but
had 70 after he was recognized"