The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1885-11-05
AReUMxxrs OF COUNSEL.

=
J. Capt C. N. Sterry, on the part OF ths
, state, opened the argument:
On the 24nd day Of last August, whill
2 was IN Colorado with the son-in-law o
: my late friend, j. r. Walkup, he re
ceived telegram announcing the death
{ I of his father-in.laW and the suspicious
: resting upon the defendant. Al
an old friend of the family
, and not through any hope Of reward Oh
, noserIety on my part, gave my prom.
ise. that If the suspicious which were
then whispered were substantiated by
the finding Of cOroner's jury, would
lend what assistance l could 10 bring
about justice in the matter. Now take
the dnal illness of j. r. Walkup
and the manner of his death.
He was sick almost continuously for four
or five days before his death, and after
his death arsenic Is found in his stom-
ach and in his system in massive quanti-
ties. This establishes a doubt that j.
r. Walkup came to his death from arsen-
ica1 poisoning. Who administered this
poison? Ten physicians hsve sworn
that arsenic could not have been taken
into Walkup's system . week before,
but must have been administered inside
Of forty-eight hours preceding his death.
The defendant in this case was attending
upon ]. r. Wslkup almost entirely I'M
til within about fourteen hours of his
decease.
Now let us see what motive she might
have.
Walkup was a man of forty nine
years on last December, when he first
met the defendant, and only saw her, at
the most, four times before the marriage
took place. No love was en-
tertained for this man by the
young girl scarcely II years of age, still.
on the occasion of his first visit to New
Orleans, this girl listens to this old mans
prOtestatiOns of love and offers of mar
rage. This coy, innocent girl, who had,
according to her own story, never even
been on the streets in company with any
gentleman unless accompanied by
chsperon, listen to this old mans pro-
teststions of love and his offer of mar
riage on the third day of their acquaint-
ance. She consented to take the matter
under consideration and consented to
correspond with him and kept Turing
him on to certain destruction.
MIR. Sterry then went on and presented
the suspicious circumstances under
which Mrs. Walkup purchased strych-
nine and Araenic; how she had gone
from one drug store to another in max
ing or trying to make her purchases of
poison; how, after twice trying to obtain
the desired effect by the use
OF strychine, she changed her tactics
and began buying arsenic, having no
further use for the strychnlne, which
she claimed was to remove stains from
her clothing, and how Mr.. Walkup was
taken violently sick Immediately after
each purchase of poison by his wife. How
Mrs. Walkup In order to pave the way
for an excuse for Walkup's death In
case its manner was investigated, called
In minister of the Gospel and related
to him suicidal attempt on the part of
Mr.. Walkup nearly two weeks after its
alleged occurrence, and right at the time
when she was hourly expecting to see
her husband die from the effects of the
poison administered by her. After the
defendant In this case had been informed
by Dwight Bill and others that
the suspicious resting on her,
and before Walkup had ceased to breathe,
this woman, who is one of the most cool
and collected witnesses 1 ever saw on
the stand-one we'll able to cope with
the shrewdest lawyO< IN this
country-never thought of tax
ing these persons just across
a small hallway into the room where the
only person on earth who could :exoner-
ate her lay IN a dying condition. In ex-
planning the motive for the commission
Of the terrible deed, Mr.. Sterry says:
II was easy enough for this
woman TO learn that by the laws of
Kansas one-half of husbands proper
tY goes to his wife at his death, in spite
of everything, and Walkup not fulfill
ing his promises to her in regard to pro-
viding for the different members OF her
family, she had come to the
conclusion that she had made a sacri-
fee of himself, and that rather than do
it for nothing she would "cash" her in
terests as it were, and go back to New
Orleans.
Mr.. Sterry then called the jury's at
tention 20 the many reputable people
who Mrs. Walkup while on the witness
stand fatty contradicted, and the fact
that her statements during Mr.. Walk
ups sickness and Immediately upon his
death and her testimony on the witness
stand, were SO widely different that no
credence could be given to her evidence.
At 10 O'Clock court adjourned until 1 80
p. m. Mr.. Sterry still holding the floor.
AFTERNOON SESSION.
Court opened promptly ON time and
Mr.. Sterry resumed his argument. Mr..
Sterry characterized the defense in this
case as one of the most remarkable and
peculiar he had ever saw bought out.
They try to make out to you that j. II.
Wslkup was q man who was better dead
than living, by reason of his immorali-
ties. which they try to bring before you
and thus ALLEVIATE your sympathies from
the dead and excite your feelings in
favor of the living How have they
tried to do this?
First by the testimony OF the man
calling himself d. b. Morton, q man
whose story was closely guarded by the
defense for fear 1t would be head.
Whist harm could it possibly have
done to have given this story to the pub
lie simply because this man was a pro-
fessiOnal witness and they were AFRAID
to let what he was going to say become
known?
Mr.. Sterry then went on To say that
there were not a single witness intro
duced on the part of the defense, with
the exception of Mr.. Jay (who is crazy),
that had not been brought from abroad,
and who testified only for money con-
sideration.
Mr.. Sterry detailed each witness tes-
timony and said he would take the
responsibility of saying they were every
one paid for their testimony. After a
few more remarks Mr.. Sterry closed.
Hon. Geo. 8. Dodds followed Mr..
Sterry, on the part Of the defense, aud
was speaking when we went to press
s. T. French, who lives in the south
part OF Lyon county, near Madison. got
Q check from the government last week
Ior Sl'OO1 .6S back pension since 1865.
His application was filed seven wears
, ago, bat 1t was reserved for Democratic
I administration 20 in part make good The
Inaaaa he has "a, ffnr.i a.. - 81 -