The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-12-05
He JUMPS TO HIS FEET
And Shakes His Hand in Face
of the Attorney.
FIGHT OVER STATEMENT
And the Points the Defense
Objected to-

At EI Dorado yesterday afternoon the
spectators round themselves one moment
with qutckened pulse listening to an
extraordinary dramatic outburst of one
witness. man; the next moment, in a
flood of tears over the sob-inter opted
testimony Of another witness "a woman.
The first sensation was caused by Aus
tin Brumback. who took clara Wncy's
dying statement The second was 1ur-
nished by Mrs. wiley, the stroagly
emotional mother Of the deceased.
Brumback, as witness. shattered al
precedent in the stand.
MRS WILEYS WORDS.
Mrs wiley possesses one Of those IN
consciously dramatic Compartments which
has its conscious form in Bernhard ana
Duse When with eyes sunused in tears,
with heaving breast and voice intoned TO
a deep broken contralto she related to
the court how she had bent over the dy-
ing daughter and repeated what she had
said then: You have been a great com
fort, my dear. to me. Heaven win al
ways be near us, and nearer TO me, nearer
and nearer to me, because you are
there" the Judge drummed his fingers
nervously. the attorneys looked away
and there was a chorus Of sympathetic
sobs among the women spectators. Jes-
sic Morrlsons face showed no change
She was stiu a statue.
TESTIMONY UNEXPECTED.
So
statement was I'D. The defense was
against its admission as evidence. The
state of course was for its admission
The jury was dismissed and all day long
the state and defense fought over this
point Witness after witness was called
to determine what the condition of Clara
Wiley Castle was when she made it.
whether in right mind or not Whether
she made it an herself; whether she be-
lieved herself dying then
In the course of this business Mrs.
Wiley was called 10 the stand by the
state to prove that the statement intro
duced was the dying statement Of her
daughter. She is tail woman and was
dressed in black She had been seated
in the room an day, not being a regular
witness. Indeed, it is said she is not
permitted TO read newspaper accounts Of
the trial by the family because of her
highly nervous temperament. The court
room was Iuu. the audience being women
principally Everybody bent forward TO
hear her testimony She told how one
day In July M Castle came to her and
told her thzt Clara wanted 20 see her.
81 went TO Clara at once" asked
Clara are you going to dieg and cara
answered Yes mamma
SHE BREAKS DOWN.
Then Mrs. Wiley sank her heard into
her hands and weDt conyulsiveIy The
court waited Mrs Caste began weep
ing and The contaglon III tears crcpt into
The audience and there was cutter OF
naudkerchiers.
Presently Mrs. Wiley lifted her head
and told what she next said 10 Clara
there on her death bed: you have been
a great comfort my dear TO me Heaven
VIII always be near us. and nearer To me.
and nearer and nearer. because you are
there"
"ciara simply replied, Il hope So
mamma
The whole audience as visi5ly affected.
the men nev5usIy tie women emotion
ally.
Mrs Wiley. sobblns stiu west on to
say thar cara divided her clothing
among AS" ana called each member Of
the family TO her bedside she reques1eI
SONGS ana wrote farewell notes 20 reia-
tIves and friends
When Nrs. Wiley was cvoss-examiued
she recalled a conversation with Clara
on july e. clara had nearly given out,
but was net wholly unconscious. cara
had replied t7 a question OF hers regard
ing the statement AIRS. wiley save IN
imitation yves" and "no" as shown by
the motion of the lips of the speechless