The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-05-18
.HAGAN STARTS TEARS
Makes an Affecting Plea in the
Osbon Case.
Mrs. OsbOn SObs and the Defend
ant is Touched.
JURY is INSTRUCTED:
The Arguments Will be Closed
This Afternoon.
J. r. Burton for the Defense,
Waters for Prosecution.

trial IS drawing to close Not in the
history of the district court of Douglas
county has a murder trial of such great
importance been conducted with such
rapidity, and it is safe to say that jury
has not been called upon to decide any
more perplexing case than this one.
The prosecution has offered all its tes-
timony, the defense all its tesmony, and
all the rebutting evidence has been re-
ceived. The trial was begun Monday
morning at 9-o'clock, the jury impan-
elled by 4:30 that afternoon, and all the
evidence in it's entirety given in by
o'clock on Friday afternoon.
Tne order during the whole trial,
barring the turbulence of the crowd in
trying to secure admittauce, has been ex-
ceptionally good The court officials
have done their best to perform their
duties we'll and the counsel on both
sides have shown remarkable amount
of courtesy.
1t is safe to say that the defendant has
great deal of sympathy on his side. In
fact, the general opinion seems to be
that the verdict of the jury will be an
acquittaL The prosecution has not pro-
duced as telling proof against the de-
fendant as it was supposed it would.
The defense has been conducted in
splendid manner. If Osbon is convicted
of the murder of Handle, it will be a
surprise to some.
Mrs Elizabeth Carter is q small lady
with a firm countenance She lives in
St Joseph and keeps roomers She is
the lady that testified yesterday that
Chas. Handle had rented a room of her
in September, 1898, and that he and Es-
telle Osbon occupied it together for one
night Strange as it may seem, this wit
ness was introduced by the defense.
When Joseph Waters commenced ques-
tioning her she became very much con-
fused and answered as if she were mad
about something.
you keep rooming house?" asked
Mr. Waters
"Yes."
''Was your place house of assigna-
tion?"
mo, sir, it was nothing of the kind"
said the Witness flaming up.
"Did Chas HANDLE and Estelle Osbon
occupy the same room together that
night?"
"They did"
"Will you point to some man on the
jury that has hair the color of that worn
by that man at your house?"
Witness pointed to one of the farmers
on the jury.
"Was it like the stenographer's?"
mo; darker"
"Was he about the size of Mr.. Bur-
toni"
E'Yes, just about" and then Mr.. Waters
winked slyly at the silver tongued ora
tor from Abilene.
The next question was put very fierce
ly by Mr.. Waters.
''Did you ever pass yourself off for
minister's wife when in Topeka?"
mo, sir; and I amt one either" snap
ped the witness.
The lawyer got Mrs. Carter confounded
with Mrs. W. F. File, who is here in the
interests of the Social Purity league.
Mrs. Sheridan McGrew is a blonde
haired lady. She wears very good
clothes and is, withal, striking looking
woman. She had seen Chas. Handle and
Estelle together at ST. Joseph on the de-
pot platform. That didn't sway the jury
very much, though.
After her, another Holton woman was
called. 1t was Miss Mary Kopf, plan
ist
How long have you live d?" asked
Mr.. Burton, forgetting to add the phrase
sin Holton" Miss Kopf blushed and
said shyly, twenty-five years." The
audience laughed Miss Kopf had seen
the deceased and Estelle together, but
had never observed any glowing looks'
between them.
Mr Gray, the hardware merchant,gave
some expert testimony in regard to the
composition of shot gun shells Also a
Lawrence merchant was examined
City Marshall Black of Holton was re-
called to rebut some testimony.
II. S, Cutter is the clerk of the district
court of Jackson county. He knew
Charles HANDLE well and had never seen
him pay any attentions to EsteIle. He
was about block and a half from
the scene of the murder at the time. He
met Clinton C. Osbon coming toward
town aud Osbon said: "I've shot Charlie
Handle. You needn't be afraid, I'll not
harm you: I'm going down to give my
self up"
Edward Vetter, who lives in HoIton,
saw Osbon short time before the shoot
ing. o w. Naylor had also seen him at
that time.
The prosecution next introduced wit
ness which made rather a sensation
1t was J. G. Hinnon, the proprietor of a
harness shop For the past six years the
defendant has worked for Mr. Hinnon
more or less. Mr.. Waters asked witness
IN regard to a conversation with Osbon
which he had in regard to EstelIe being
discharged from the position of school
mistress by the school directors.
! Mr.. Hinnon said: sWhen Mr.. Osbon
came in I called him to one side and l
| said to him: The report comes to me
thst she is to be discharged by the school
/ board I told him that I understood
| from one of the directors that she was to
be discharged from the position on ac-
count of immoral conduct" Witness
said that defendant did not say anything
| but went about his work.
/ h0