The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-11-29
WALLACE STICKS
TOACCOUNT OF
SLAYINC BANTA
Great Bend Man UnmOVed by
Cross Examination.
Hayes, Other Accusing Witness,
Is Placed on Stand.
WALLACE WANTED AN ALIBI
Tells How He Tried to Cover
Up His Tracks,
Associate in Crime Tells Of
Meeting DIR. Nixon.
WALLACE WANTED AN ALIDI
Associate in Crime Tells Of
Meeting DIR. Nixon.

Great Bend. Nov. 29-Thru grilling
cross examination by the defense. A.
L. "Curley'' Wallace today reiterated
his story in connection with the kill
ing of Arthur Banta, Great Bend at
torney for which DR.. w. A. Nixon is
now on trial for murder.
Wallace told how early II. the eve
ming of July 9Th he started with Doc
tor Nixon and Roy Hayes. also ar
rested in the case. on a rabbit hunt.
but returned to town before o'clock.
as something went wrong with the
automobile. Wallace testified he re-
turned to his restaurant at $40
! O'Clock, last seeing Nixon and Hayes
J driving north. He said he noticed the
| time particularly and called the atten-
! tion of others to it.
why did you do that?" Senator
Carr w. Taylor. defense attorney,
asked.
Tried To Establish AIibi.
| 81 did il so as to establish an alibi
if anything should happen" Wallace
| answered. Wallace previously stated
the doctor had threatened in his pres
| ence to collect a loan from Banta IF
I've got to kill him" Wallace insisted
he had no part in the plan and refused
to accompany Nixon.
The defense sought to bring out
from Wallace that he had been influ-
enced by promise of clemency. from
the state, but this was denied by the
/ witness. He admitted, however, that
he had been given considerable free
dom in the Barton county jail after
the time of his alleged confession.
Interrogation as to whether Wal
lace had a quarrel and fight with Ar
thur Banta in Hutchinson last June
were objected to by the state.
Not content to have the life of Ar
thur Banta taken. the defense now at
tempts to besmirch his character
said o; b. Griffith, assistant attorney
general. Despite the contention of
Senator Taylor that the purpose was
to show the unfriendly relations OF
Wallace and the slain attorney. Judge
Harris ruled the integrity of the dead
attorney should not be assailed.
On redirect examination Wallace
said that altho he was once arrested
at Hutchinson on a charge of arson he
was released without a preliminary
hearing.
States Attorney Testifles
Recalled to the witness stand today
neys. testified Doctor Nixon while in
+ his office the afternoon of July said:
Il always knew Arthur Banta was a
double osser but did not think he
would double cross me"
This statement was admitted over
the strenuous objection of .he defense
that what Nixon said was privileged
in as much as it was said In the con-
fidential relation of a client to his
attorney. The objection was over
ruled by Judge Harris, who said he
believed the statement itself was aside
from the legal relations or Russell
and Nixon
Following Russell, the state placed
a number of witnesses on the stand
corroborating the testimony of Wal
lace and being his alibi during the
supposed time of the killing
Hayes Goes on Stand.
Roy Hayes. an oil company empIoye
and an associate of DR.. Nixon. upon
whose testimony the state chiefly re-
lies to convict the doctor, was placed
on. the stand this afternoon. In a
sworn statement to the police Hayes
said that DR.. Nixon left with Banta
in the latter's car. shortly after
o'clock on the night OF the killing
Hayes. according to his statement,
followed in the doctors car py a cir
cuitous route and picked up the ply
s1cian after the shooting as directed.
Among the witnesses for the state
who followed the cross examination
of Wallace We're Albert c. Ford. Great
Bend night marshal He said he saw
Nixon, Wallace and Hayes IN a car
at the edge Of town between 1880 and
O'Clock the night of the alleged
murder.
Backs Up wallace Story.
This corroborated Wallace's testf-
mony in that respect. Ford also testI-
fled he saw Arthur Banta's car empty,
in front Of the doctors office about
9:05 that evening. Joe Stokes testi-
fled he sold a 1920 revolver to Doc
tor Nixon in July. 1920. According to
previous testimony this was the kind
of gun used in the killing.
On cross examination Stokes said he
would not now be able to identify the
revolver as it had no peculiar marks
when he sold it. Defense counsel re-
ferred to previous testimony of Wal
lace. who said he had a revolver OF
the same kind which is now in posses
sion of the state.
Court Room Crowded
Earl Epperson, A. NJ Parkinson.
Billy" Ryan. a waitress. and others,
| testified Wallace came into the res
| taurant about $40 o'clock the eve
ming of July s. and was in and out
during the next few hours.
On cross examination the defense
attacked the testimony of billy
Ryan on the ground that she is .
! sweetheart Of Wallace.
Interest in the trial was undated
today. The court room continued to
be crowded. Perhaps a dozen attor-
neys from out of the city are spec
tators.
r--o..<-. Dost-ovor Ts CupH