The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-05-17
SPRUNG A SURPRISE.
Defense in the OSbOn Case Pre-
sents a New Witness.
Says Handle and Miss OSbon
Staid at Her House.
AS MAN AND WIFE.
The Witness Was Mrs. Elizabeth
Carter of st. Joe.
Her Testimony Shaken Some by
CrOss-Examination.

ed after examining only fourteen wit
nesses Now the defense examines only
ten witnesses and rests with the under
standing that it can bring two medical
experts before the jury to testify.
Those two gentlemen were not pres
ent yesterday afternoon, so Mr.. Burton
informed the court that his side was
ready to rest, but that he would like to
have these TWO gentlemen come into
court and give some expert testimony
after the rebuttal was begun. For case
of such Importance and interest this
rapidity is surprising.
1t has been proven that Clinton G.
Osbon, on the 18th day of June, 1894,
shot to death Charles B. Handle, the
young lawyer at Holton. Miss Estelle
Osbon's character has not been proven
to be bad-only q statement from third
party to the effect that the deceased had
ruined Estelle
Not word of testimony has been in
troduced to prove that she had been
ruined. The defense brings forth the.
testimony that the defendant has been
subject to spells in which he was, for the
time being, temporarily deranged, aud
the claim is made that he was in o state
of mental arrangement when he killed
Charles Handle.
DIR. d. K. Pelton was cross examined
by Mr. Waters yesterday afternoon. The
doctor knows more big words than had
been heard in court for a long time.
Counsel questioned witness as to whether
insanity was a disease or a symptom.
The doctor answered in big string of
technical words.
"Now will you please tell that to the
jury in United States?" asked Mr.. Waters.
Witness did so.
DR.. Pelton was employed by Miss
Estelle Osbon to study her fathers men
tai condition. He was to receive SIS a
day while examining the murderer, $25
for every day he was detained in court
$40 for the first day he gave expert testi
mony and $25 for every day after that
He made a careful study of the de-
PENDANT and now makes statement that
he believes Clinton c. Osbon was tenn
porarily deranged when he did the shoot
ing. He made answers which made Mr.
Waters very angry.
doctor" asked Mr.. Waters, 'Edid you
ever know of a man that didn't have
| wheels in his head?"
II don't understand that men have
wheels in their heads" said. the witness
Counsel asked the doctor the symptoms
of kleptomania The doctor told him
"If a man should steal ham when he
was very hungry, would that be klepto-
mania?"
"Well," replied the witness, "that de-
ponds on the use he put it to-" This
| caused laugh, and the bailif, who is u
nervous veteran, stood up and waved his
hands frantically in the air. This caused
another laugh and the old man sat down,
! looking troubled.
In DR.. Pelton Mr.. Waters found most
evasive witness. His testimony pleased
Mrs. Osbon, her daughter and the social
purity ladies. During the examination,
lr1 md Loo
other often and smiled. The doctor was
evidently besting Mr.. Waters.
| DR.. B. d. Eastman. the superintendent
| of the state insane asylum, told the jury
what he knew about mental diseases.
| The facts, including the queer actions of
the defendant before and at the time of
the murder, were put in the form of a
| hypothetical question and MIR. Burton
asked the doctor what he thought the
mental condition of Clinton c. Osbon
was at the time of the murder.
The doctor answered: "The man was
insane at that time, in my best judg-
| ment."
| Mr.. Waters took the witness and after
| three questions got through with him.
| As the doctor was leaving the stand, Mr.
| Waters said to him: "You got through
all right, doctor"
Again the crowd laughed and the vet
eran bailif waved his arms in the air at
the audience.
DR.. T, W. Peers of Topeka was another
expert witness. He said that he thought
the defendant was insane at the time of
| the murder; that is that he was mentally
deranged temporarily.
The doctor seemed to want to square
himself with the jury, for ne said that if
| Osbon had had epileptic fits prior to the
murder, it seemed queer that he had no!
been similarly effected for the eleven
months since the murder.
Mrs. Osbon had testified that her hus-
band had been subject to epileptic fits
and queer actions. This testimony was
not corroborated by any other witness
Mrs. Osbon was again called to the stand
and asked few questions.
When STATE JOURNAL reporter saw
Estelle Osbon and asked her what she
thought of the case by this time, she
greeted him pleasantly and said: "Dc
you think I'm foolish enough to tell you
what I think of the case now? l used
to be reporter. and I know enough tc
keep still. Just wait till a little later
and I'll talk to you bit" She has borne
up wonderfully during the trial
The defense sprang q sensation this
morning by calling Mrs. Elizabeth Car
ter. of St Joe, to testify She said thai
Chas. Handle. September 1898, rented
room OF her at 91S Frederick avenue, st
Joe. and ne and EsteIle Osbon occupied
it one night He gave the name Of
Charles Harold. Witness identified pho
tograPhs OF Handle. She became very
much confused when cross-examined by
Waters, however Witness said tina
the couple told her they were man anC
wife. Her testimony is not considered
as important.
DIR. Phillips, of Lawrence, gav'
expert testimony, and thought Osbor
was insane at the time of the murder
Mrs. Van Cleave of Topeka, WAS objected