The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-04-11
Legal Technically Is Argued in
Bailey killing Case.
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May Lose Star Witness, Mrs.
Powell, TO Prosecution.
DIVORCE NOT YET ABSOLUTE
If She Is Wife She Cannot Be
Compelled to Testify.
Attorneys in Battle Late Today
in Court of Topeka.

There is being argued this afternoon
in the court of Topeka the question of
whether Andrew J. Powell charged
with first degree murder in the killing
OF Charles Bailey. and Mrs. Mary
Powell. the Wife from whom he was
divorced in January OF this year, are
still legally man and wife
on the issue OF the question de
pends whether Mrs. Powell will or will
not be the star witness for the prose-
cution, as was expected
When County Attorney Tinkham
Veale called Mrs. Powell to'the stand
this afternoon, Powell's attorneys, J.
T. Schenck and W. Z. Atchison. asked
Judge Paul Heinz to instruct her that
she need not testify against the de-
PENDANT. undeE the law which provides
that a wife cannot be required to tes-
tify against her husband
Divorced in January.
Veale Immediately produced a jour
nal entry from the district court show
ing that the Powells were divorced in
January OF this year. and took the
position that Mrs. Powell is no longer
the wife OF the defendant and there
fore must testify against him.
Schenck raised the objection that
the divorce decree was not to be made
absolute for a period OF six months,
that, therefore. the Powells are man
and wife, and that Mrs Powell cannot
be compelled to testify.
Both Cite Many Records.
Both Schenck and Veale entered
into an argument OF the point. citing
records on each side.
In the event that Judge Heinz rules
that Mrs Powell is legally the wife
Of Andrew J. Powell. and therefore
cannot be compelled to testify against
him. It is probable that Neale will at
tempt 10 introduce as evidence the
signed statement OF Mrs. Powell. made
April 8. the day after the killing.
Killing Occurred April >.
Powell shot and killed Bailey on
the night of April ,. at the Powell
horne at Twenty-fourth and Topeka
boulevard. when he came home and
found Bailey visiting Mrs. Powell.
That Powell had been living with
his wife since her divorce and that
he had threatened 10 kill Bailey a few
days before the shooting took place
was the testimony of Mrs May Bullet.
\ German woman who lived at the
Powell home.
Powell Makes Statement.
She declared that Mrs. Powell was
talking to Bailey over the telephone
when Powell came home from work
one night and that he then stated;
II you won't marry me back you'll
not marry Bailey, because I'll kill him
ffrst''
Mrs. Bullet said that Bailey came
out about O'Clock the evening of the
him her husband had called up and
that he would be out in half an hour.
she said they had better take n
walk said Mrs. Bullet. "She told me
7 could stay home If I wanted to and
tell Powell when he came that did
Mt know where they We're But
told her II she was going to forsake
her home I wouldn't stay there, so I
went TO a neighbor's house.
Mrs. Bullet said Powell had several
times asked Mrs Powell TO marry
him again, but that she had refused l
intimating that she was going 10
marry Bailey when the six months
period after her divorce had elapsed.
She said Powell had frequently OBJ
iected TO Bailey's calls at the home.
She said he was there practically ev-
cry afternoon when he was not work
ing. and every evening when he was
working.