Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1897-10-28

son. They had been returned from the
An, attempt to show the, amount these
checks called for was blocked by an OBJ
lection. After adjournment Mrs. Mniger
stated that the sum aggregated about
$4,000.
You met DIR: Goddard frequently at your
sisters house?'
r. Did your. brother-in.law object to DIR.
Goddard visiting your sister?'
lie didn't at first but he did later on.
Judge Longan's Important Ruling.
At II 80 o'clock the jury was taken from
the courtroom to allow the attorneys to
argue on the question of the admissbility
of evidence showing that criminal relations
had existed for some time prior to the kill
ing between DIR. Goddard and Mrs. Jackson;
that Goddard had received large sums of
money from Mrs. Jackson, agGreGatnG
many thousands of dollars; that it had
been the intention of the deceased to insti
tute legal proceedings to force Mrs. Jack
son to redeed the property to her husband,
and that Goddard was to have been made Il
co-defendant in the suit. Attorney Beebe
argued against the introduction of testi-
mony in relation to the alleged intimacy.
He said that such testimony could only be
introduced for the purpose of showing
| where the killing was admitted. the evil
dence was entirely irrelevant. Attorney
BeeDe said that the evidence showed 50
far. without any testimony by the defense,
that murder in the second degree had been
done. If the defendant had gone with force
and arms and tried 10 break into the house
and the deceased mad gone out TO drive him
away. and he killed him, the crime would
| certainly he murder. If the deceased had
| with his wife in fiagrante delictu, and he
had assaulted him and killed him, the
| charge would not be murder, but man
| slaughter in the fourth degree.
He contended that everything that had
taken place prior to the night of the killing
| should be rigidly excluded, for the reason
! was liable to influence the minds of the
| jurors and cause them to overlook the evil
dence of the defendant of self-defense. and
| conviction based on prejudice might fol-
| low. Attorney Beebe quoted a number of
authorities to support his contention that
| all evidence except that which is necessary
to show that the killing was not done in
| self-defense should be excluded.
lie said that the introduction of such a
mass of stuff would only serve to compll-
cate the case and string it out to indefinite
| length"
Attorney Beebe had not concluded his ar
| gument when court took j recess at noon
| Upon the re-convening of court, Attorney
Clifford argued against the admission of the
testimony concerning the alleged acts Of
Mrs. jackson and DR.. Goddard. He said
| that should the court rule such testimony
gut after it had been introduced, 1t was
beyond his power to strike from the minds
of the jurors.
Prosecutor Lowe said that no authorities
Introduced He said that the question Of
motive. which the defense contended made
as as a matter of fact made it murder in the
first degree. He said it was the contention
of the state that n conspiracy existed be-
murder jackson and take his property.
Prosecutor loves asked how the different e,, t
degrees of crime We're to be shown II the
! could show the motive,
The court made the ruling quoted above
that the question in this case @ seemed to
tsined the motion to exclude all testimony
concerning intimacy between the defendant
and the wife of the deceased.
Testimony of JacksOn's Brother.
The ruling of the court was surprise
to the attorneys for the state, as they had
confidently expected to be able to go into
the fullest details of the case.
George H. Jackson, brother of the
murdered man. was called to the witness
stand He described his brother as "a man
5 feet inches tall and weighing IN
pounds" Witness said his brothers eye
sight was very bad, that the older he got
the worse his eyesight became. He had
visited the Hotel Woodland twice while
Mrs. jackson lived there. Witness saw Dr.
Goddard in Mrs. Jackson's bedroom on
each occasion. Witness saw his brother
| the day before he WAS killed.
On cross-examination the witness testified
| that he had employed counsel to aid the
; | state in prosecuting the defendant.
Your brother rode bicycle, didn't hep
when was the last time you can re,
member seeing your brother ride bicy'
at was a long time-possibly year
..He walked through the streets of Kan.
,, sas City nights and days unattended?'
"Didn't he drive horse and bugey?"
II never saw him drive Il horse and buggy
Pinkcrton Patroirnan Fleming. who ar
rested DIR. Goddard after the murder. testi'
. | fed to seeing Il number OF papers IN pos
session of Goddard. but he could not state
Harry Lay. barber on Walnut street
near the Grand opera house. testified tc
shaving Jackson on the afternoon of the
tragedy, and that his Jackscn, s. eyes were
In a very bad condition: Mr; IL Lay was dis lis
| missed from the stand and the prosecutor
announced that the state rested. 1t was
just 2:2O o'clock.
caused q; profound sensation. and the gen
eraI whispered opinion was that the STATE
had not made as strong a case as had beer
expected. There is no doubt that the ad
verse ruling of the court concerning IN
admissibi!ity of testimony regarding th'
slle%od intimacy between Goddard and Mrs
Jackson had Il demoralzing effect upor
Prosecutor Lowe and Major Woodson. iint
thrcc-fourths of the witnesses subpofnaet
|
| The attorneys for the defense cXpreSse'
| surprise. at the sudden termination of th'
| states case. and asked for one hour 8 tltn
| I'm which to confer over the line of de
| fcnse. A recess was taken until O'Clock
The Defense Opened.
At the expiration of the recess, Attorne.
CLIFFORD began to address the jury, outlin
inc the defense lie said the defense eX
pected to prove that the deceased hunte
the defendant down and found him in tn
# room and told him TO get out of the house
That the defendant said "All right" an
started TO leave the room, when Jackso
iumped and grabbed the defendant. anG
y, drawing a revolver, tried to kill Goddard
that the deceaseds own daughter wreste
the pistol from her fathers hand; that
Y wranrIe over business affairs followed
1t LASTING. over an hour; that Goddard trie
l., To- nersuade Jackson to let him get out c
- the room ;, It'd ,.,or,,ey C,;rord ..Iao,
Y SON shouted No, / am not satisfied; al
- going to kill you:' and then he drew "A II
% Soiver and would have killed DIR. Goddar
is had Dr. Goddard not shot him down"
= The attorney said 1t would be shown tha
DIR. Goddard was peaceably at the Jackso
/ home: that Mrs. Jackson had been danger
r., o,,sly i'll for three months preceding til
shooting: that it was daily occurrenc
l. for the JacksonS to telephone to DR.. Goo
l. dard for medicine or prescriptions: that O
st the night of the tragedy DIR. Goddard ha
e beeu summoned to the Jackson home b
members of the family, and that he took
le hottie of medicine with him for Mrs. Jacl
Of SON He said it would be shown that Jacl
sons eyesight was not affected: that he ws
Is only troubled with granulated lids. whic