Wichita eagle. [volume] (Wichita, Kan.) 1883-1888, 1885-10-23
THE WALKUP TRIAL
Yet Drags Its Weary Length
along in the Court
at Emporia.
Digest of the Testimony Taken
in the Case on Yester-
day.
The Street Car Strike in ST. Louis As
sumes a Somewhat Startling Phase
by Use of an Internal Machine.
Washington News, Embracing the Us.
ual Routine, and the Correspond
ence on the Chinese Question.
The Walkup Case.

ence on the Chinese Question.
The Waikup Case.
EMPoRIA, Kas., Oct. 20.-The Walkup
case was resumed at o'clock with full
court room. Mrs. Walkup was dressed and
looked the same as yesterday. County At
torney Feighan, on behalf OF the state, ex-
planned to the jury the theory of poisoning
alleged against the defendant. He related
substantially the circumstances of the mar
riagc, the sickness of MIR. Walkup, and the
stated that the state charged that Mrs.
Walkup married her husband with the in
tention of poisoning him so as to secure the
widows portion of his estate; that she pro-
cured poison in New Orleans and in Cincin-
natl for that purpose; that she administered
poison that caused his death, and that il the
state proved this theory it would expect the
jury to find verdict of guilty. If it failed
to prove this theory, the jury would Justly
acquit the defendant. At the conclusion OF
Col. Feighan's address, the defendant moved
to dismiss the complaint as without adequate
foundation, as shown by the information
which had been detailed to the jury. The
motion was overruled.
The first witness examined was Eben
Baldwin, Of Lawrence. He testified to an
acquaintance with Mr.. Walkup; that the
latter was large, powerfully built, over six
feet high, broad shoulders, and of cheerful
disposition; he and Mr.. Walkup went to the
New Orleans exposition last December and
lodged at Mrs. Wallace's house; that he be-
came acquainted with the family including
the defendant. Cross-examined by Mr.. Scott,
who asked the witness in regard to the state
Of Mr.. Walkup's health at the
time of the journey to New Orleans The
state objected to any cross-examinstion, ex-
cept that which pertained to the questions
It had asked the witness. The defense pro-
posed to show that Mr.. Walkup was, at the
time of his visit to New Orleans, in bad
state of health-his system putrid with dis
ease. The court sustained the objection to
the cross-examinton as to the health of Mr.
Walkup. The defense noted the exception.
The other witnesses examined up to noon
were Eunice Bartlett, A. Glakin, Maggie
j. Evans, and Johnny Samuels,
employees of George w. Newman &
Co.'S dry goods store. relative TO the
purchase Of goods by Mrs. Walkup; also
Mr.. Newman himself on the same subject.
The defense objected to this line of evidence
as imnaterial and irrelevant. The obiec-
tions were ovcrruled and the exceptions
noted.
James Z. Collard, agent at Wells, Fargo
4 Co.. express, testified to box coming
from Mr.. Walkup's house; to Mr.. Walkup's
opening the box, and finally to his taking it
away instead of shipping it. The box was
directed to Mrs. Wallace, at New Orleans.
Miss Lizzie Walkup. daughter of Mr..
WalLun ne aal1ad at upA Il
journed till the afternoon session.
Miss Lizzie Walkup, daughter of j. X.
Walkup, testified that she went to Colorado
five days after her father returned home
with his new wife; that she returned on the
18th of August and next day could not find
her sisters mantle and her own plush cloak
and Jersey wrap; that they accused Mrs.
Walkup of sending it away in box. Mrs
Walkup had the box brough. from the ex-
press office to the house and asked Lizzie to
see it opened. Lizzie did not respond at
once and when she did the box was opened
and only sheet and cup and saucer were
found in it. A few hours afterward Mrs.
Walkup told her that the servant girl, Mary
Moss, had found the wraps in closet,
they were then on Lizzie's bed. She
accused Mrs. Walkup of sending her mother
u new dress. Mrs. Walkup denied this.
Lizzic's sister, Mrs. Head, had told her Mrs.
Walkup had sent the wraps away in box.
Did not know who told her about the silk
dress; had been on very pleasant terms up
to that time with Mrs. Walkup. Some
hours afterwards Mrs. Walkup said Mary
Moss had found the wraps in closet. They
were then on Lizzie's bed Am interested
in the case. Harry Herd and myself have en-
ployed Mr.. Lambert and Mr.. Story on the
prosecution. L. w. Carter was slightly ac-
quainted with Mrs. Walkup; had converse
ton with her about a week after Mr.. Walkups
death. Mrs. Walkup told me that evening
that she supposed Walkup to be well of
when he died, but since Walkup's death she
had discovered there was a mortgage on
ev rything; did not express to him her feel
ings in regard TO Mr.. Walkup.
Geo. w. Newman furnished items aggre-
eating 500 worth Of goods bought by Mrs.
Walkup on her husbands account in the
latter part of July and first half of August
1t was common thing for ladies to pur-
amounts in few weeks time.
II. V. Brown, driver of an express wagon,
testified to getting the box from Mrs. Walk
office. Mrs. Walkup told him it was d.
DR.. j. A. Moore, druggist, testified that
about the 18th of August, he examined two
grains of white bulk powder said to have
been bought at his store by Mr.. Walkup,
which proved to be 9uinine.
Frank Mccullough testified that he was
clerk in DR.. Moore's drug store during the
month of August. Walkup brought q
white powder to the drug store to be handed
to DIR. Moore for analysis and returned the
following day to ascertain the result The
powder was quinine.
r. X. Kelley, druggist, testified that he
was acquainted with Mrs. Walkup prior to
the death Of Mr.. Walkup. About the 18th
or 18th of August Mrs. Walkup handed
him a small, white powder for analysis, say
ing it had been given her by lady friend in
New Orleans. He told her the powder was
either quinine, strychnine or morphine, but
as the three articles so closely resembled
each other it was impossible to tell without
careful test.
w. X. Irwin, druggist, was slightly ac-
quainted with Mrs. Walkup. She came into
bis store August 18th and asked for ten cents
worth of strychnine. After he had started
to get the poison she said he might put up
fifteen cents worth. He then asked her to
sign the prescription record. When she
handed it back she remarked, "You don't
think am going to commit suicide, do
you!" When asked what she was going to
do with the strychnine, she said it was an
ingredient to be used in chemical test she
was making, bat didn't like to state for what
purpose and he could not sell it to her, and
she was not given the poison.
Joe Murphy, stationer, was the next wit
ness and testified that he saw Mrs. Walkup
in Twins drug store about the middle Of
August and overheard part Of conversa-
tion between the defendant and Mr.. Irwin.
He heard Mrs. Walkup tell Mr.. IRWIN that
she had purchased strychnine in Cincinnati,
but had been given quinine by mistake.
Chss. Ryder, druggist, was next on the
stand. Mrs. Walkup came into his drug
for ten cents worth of strychnine, stating
that il was preparation for the house.
None open. She was told he was out and
she went out.
Moses II. Bates, druggist: The defend
ant was in his drug store the 18th of Aug
ust to purchase fifteen cents worth of
strychnine. She did not want to
tell to what use il was for except
that it was for private preparation. He
showed her the record which she signed for
and eight grains were given her
in small bottle, similar to that found in the
house. She did not ill out the record as to
what purpose for which the drug was to be
used. Witness admitted that in the coro-
ner's jury testimony he didn't state that the |
note said the first strychnine bottle had been
dropped. His wife was sister to Mr.. |
Walkup's second wife.
Mary Moss, the colored servant girl, was |
The next witness. Had been living at Mr.. |
Walkup's for three or four months before |
his death. She testified to having taken |
phial down to Mr. Bates, and being instruct
I'd by Mrs. Walkup not TO tell anyone who /
,sked her who sent her; that she was going |
after butter. On returning to the house. |
tound Mr.. and Mrs. Walkup in the sitting |
room, and told them she "eould not get the |
outter." In the cross examination Mr..
Scott asked the witness number of ques-
ions in regard to conversations she had with
white man recently denying her statement
before that jury, and saying that she had
,een instructed by Libbie Walkup to say
hat Mrs. w. had told her to say she was
.fter butter on Sunday, and if she did not
az it, people might think she, Mary, hae
poisoned Nr. Malkup. The witness denied
aving made such statements to anyone.
DIR r., H. Jacobs Was called and testified