The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-12-08
MYSTERIOUS MAN
Gives Most Favorable Testimony
For Jessie Morrison.
Morgan, the Canvasser, Heard
the Fatal Call.
GIVEN THE PRISONER
By Mrs. Castle and Noticed De-
fendant Respond.
Later Heard Crash of Glass and
Saw Close of Tragedy.
EVIDENCE IS ALL In.
Judge Charges the Jury and
Argument Begins.
EVIDENCE IS ALL IN.
Judge Charges the Jury and
Argument Begins.
A DAY OF EXCITEMENT.
Many Witnesses Contradict EVi-
dence of Olin Castle.
Testify Directly Against One of
His Strong Statements.

His Strong Statements.
Ell Dorado, Kas., Dec. 8.-Jessie Nor
| rison's friends are elated today over the
! prospects of her acquittal by the jury.
Not only was her own evidence un-
shaken but it was strongly supplement-
ed by the deposition of the heretofore
unknown canvasser, A. J. Morgan, the
reading of which made a strong impress
sion upon the jury.
Mr.. Morgan said he was at the Castle
home the morning of the tragedy; that
as he left the house he heard Mrs
Castle call to some young woman out
in front. The woman went into the
house. He got only a short way when
he heard screams and a crash of glass.
He ran back and saw the same young
woman come to the walk in company
with another woman. She had blood all
over her clothes and was bleeding from
wounds He afterward learned that she
was Jessie Morrison.
Both sides rested their case Friday
afternoon.
This morning the court will instruct
the jury, and arguments will then be-
gin. Judge Shinn Will not limit the ar
guments, and the lawyers expect to talk
until Monday noon.
When the case was rested late Fri
day afternoon the witnesses were all
dismissed, the court room was cleared
of the jury and spectators, and the
lawyers argued questions concerning in
structions. The defense asked for a
special instruction ordering the jury to
give the dying statement of Clara
Castle as much weight as if it were
sworn testimony. They claimed that 1t
is not entitled to the same weight.
The state wanted it considered as other
testimony
The defense also asked for special in
structions concerning the motive of the
homicide and concerning the evidence
relating to the razor used in the cut
ting. The state held that an instruc-
ton should be given to the erect that
if the jury decided that Jessie Morrison
cut her own throat arms and shoulder,
it should bring in a verdict Of murder
in the first degree. The defense con-
tended that if such an instruction was
given it would practically suspend the
constitutional right of the defendant to
be tried by jury. This significant queS-
ton was asked the attorneys for the
state by Judge Shinn:
What direct evidence have you, except
the dying statement of Clara Castle that
the defendant did murder?
They replied: THE evidence Oh several
Judge shinn said he did not think 50;
that It all was circumstantial- He said he
would instruct on both circumstantiaI and
direct evidence.
Judge Morrison received a letter today
from old soldier at Lyndon, sympathlz-
ing with him and his daughter, and as
tians as the ones in Eldorado, who were
dogging Jessie to the galloyWys. VS., 80.
fly-father, mother and two brothers
were recalled to the witness. stand when
court convened Friday and testified that
no razor was found in their home after
Jessie returned from Mrs Castles
During the noon hour Rev M Myers, |
an evangelist, entered the prisoners cell
and prayed with her At the afternoon
session Captain Waters continued the
cross sS-exanlination.
What prevented you after you got the |
razor from going to the door and scream
ing for help?" was asked of Miss Morri- |
..She held my hair and arm
Later witness said she had seen some |
one at the window and called to them for |
Captain Waters asked the defendant a |
number of questions in an endeavor to |
front of her shirt waist that morning, but
they were ruled out by the, court
did Clara Castle try to defend herself |
after you got the razor?''
''She held me down and tried to get the |
Redirect examination
Did you continue cutting or infiicting
Iieved you We're in no further danger from |
The defense proved the whereabouts of |
Jessie Morrison on the night of June IL by |
tendent John Mathers. city superintend- |
ent Sinclair, Hayward Morrison, Music |
Georgia Bright DIN castle swore that
at II O'Clock on the night Of June H. the I
wanted him to 60 up in a dark place un-
ger lhe trees ne saala sag 4s 4t 10y nel ~ 70
The evidence of the seven witnesses show I
ed that Miss Morrison was calling upon /
Minnie Lavender, in the early part of the I
evening: that she was escorted home |
about 10 oclock and remained home all |
night.
minor questions. The defense then rested. |
The state called w J. Scott. a law stu
dent of Kansas City He lived here last |
June. He was asked if Jessie Morrison /
on June q said to him:
Il went to Mrs Davis to get a collar /
and came back by the Castle home and /
thought I would go in and see her 1 went
UP and knocked on the door, and Mrs. I
Castle let me in
Objection was made and sustained be-
cause it was direct and not rebuttal testi-
mony.
Eldorado, but now of Wellington, was
called and asked if he had not asked JeS-
sic Morrison June %:
What was your position when you got
into the struggle, were you sitting or
standing2"
This was also objected to on the same
grounds
In sustaining the objection, Judge shinn
said the testimony of Scott and Stull I
should have been given on direct exam
ination in fairness to the defense and that