The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-12-04

public road at Holton June IA, 1894, or
whether he was temporarily insane when
he shot him, or whether it was deliber-
ate murder.
The trial last May attracted much at
tention here, and many looked for an &C.
quittal.
As it was, the jury stood on first ballot
eight for first degree murder, three for
second degree murder, aud one for
quittaL No decision was reached. aud
the case was accordingly carried over to
the Novem Der term of the court.
The trial this time was begun on Mon
day afternoon last week at 1870 o'clock,
1t was thought there would be great
difficulty in securing jury, and sixty
men were subp9naed on the jury list.
But, contrary to expectations, the jury
had been selected before the court ad-
journed on the first day.
Each side had worked to siren CITIZEN
its own case. There were over forty five
witnesses subpoenaed for the state and
thirty five for the defense. But not half
these witnesses were used.
About twenty people testified for the
state and ten for the defense. The
defense has not been strengthened
any, whatever. it is the general
opinion, while the prosecutions side has
but slight advantage over last May.
The defense sprang a complete sur
prise Saturday by resting without having
called Mrs. Carter to the stand. Last NJ ay
Mrs. Carter testified that Charles Hambls
and Estelle Osbon came to her house in
ST. Joe and occupied room together
representing that they were man and
wife. Mrs. Carter was present in court
Saturday, but the defense would not call
her to the stand
The prosecution clai ms to have rebut-
tai evidence sufficient to prove that it
was not Handle that stayed with Estelle
but horseman of ST. oe. County At
torney Crane, of jackson county, sent
his brother to ST. Joe to learn the true
facts iQ the case, and the latter claims 10
be in possession of facts which prove the
above statement to be true. The state
could not put him upon the stand except
as witness OF rebuttel.
The prosecution claims to be confide Mt
of winning the case. while the defense,
though not so positive, have hopes of an
acquittaL ]. R. Burton's statement to
the jury was one of the most eloquent
speeches ever given in that court room.
The jurors seemed to be visibly affected.
Public sentiment here seems to be
somewhat divided, with a slight incljna-
ton toward the defendants side.
The HANDLE brothers are very bitter
toward the people who are on the side of
the defense. John Handle acts as if the
matter had weighed upon his mind to the
extent of partial arrangement. Although
shows extremely poor judgement in his
rantings, no matter with whom he is
| talking.
Most of the sympathizers with the
prosecution are prominent lodge men
of Holton, who are here to see retribu-
ton melted out to the man who shot
down one of their numbe
Clinton c. Osbon bears up very well
under the trying ordeal.
He was a first rate witness, giving
clearcut answers.
| siderable fortitude. Estelie was not put
on the stand. When this fact is men
/ toned in the presence of any of the
prosecutors, they give a sly wink and say
HThev didn't dare to do it." Osbon's liz
tie IL year old son was present at this
trial He was put on the stand and
gave wonderful answers considering
! his age. His testimony was not pariicu
| larry important
Mrs. W. F. File. Mrs. S. ]. Briggs
and Mrs. Hart, of Topeka, have been
constant attendants upon the trial They
represent the Social Purity League OF
! Topeka. They were instrumental in
securing a release of EsteIle from jail
on a writ of habeas corpus from the
gupreme court. Since that they have
had Estelle's case in charge.
Joe Waters conducted the examina-
ton of witnesses in his characteristic
style.
]. R. Burton appears dressed in neat
sack suit, clean shaver face, and long
hair.