People's voice., 1900-12-13

Wiley Castle telleved thaL sue was 10
4, Tie preSeuc5 OF dedJn. q, uef Sentences
removed W the court trum the stlLe
meDJ were thuss "a a.ica Mas. Cas-
tie told That she tnCuguJ size would
treat jessie Morrison Ike a lady, and
another IN wnicI Sh- sliC THAT Jessie
deuied what she had been told and
then c. ntcsSad il ali. AnUt Ter ia which
Mrs. Castle tried 10 defeUu herself aud
that she heard some one trying to
break Into The house. These words
In tile last part OF 10 were stricken
out: Il had just finished sweeping
when | saw Jessie at the gate. Be
fore sweeping l took the rugs to tue
board walk where | cleaned aud left
them" The last words OF the state
mt nj, II make this as my dying state.
mem, Twas also stricken oht.
La these sentences, is unmlstakable
eyld, nee that the statement was
wrung from Mrs. Castle BY persons
preJudiced agsinst Miss Murrispn, aud
that the object was 10 make as strong
case as possible against MISS Morri-
son.
Judge Shinn asked for the position
OF attorneys Oh whether Ur not The
acts surr On aug tue La king OF tile
dying state'non' >40ud be presented
to the court alone or t the jury. He
said that it was witl n the province
or the court alone 10 uecide On the
mental condition OF the declarant,
but, he did not know WHITTIER the
court or the jury sLould decide
whether the Statt meDt was Mrs. Gas
ties own statement, or whether it,
might have been influenced Oy others
II the Iur, >i, uld have to decide tn S
fact, then all all the witnesses heard
by tne court Tuesday must 10 before
The jury.
Captain Waters said that he
thought that it was the best practice
for + II curt 10 decide the entire
Qurs loo and court adjourned at 1l:30
O'Clock t0 give the attorneys an OF
port unity To present authorities in
this question.
The attorneys argued he question
al length Of WHETHER the statement
should be admitted. Judge Redden,
for the defeus'. said: ...-
The defendant objects to this
teSi lmOny on the grOun thstit Is in-
competent, immaterial and hearsay.
We Ohjec' because IL was MT signed
or made under circumstances under
which the law warrants that a dying
statement must be made: that il was
not made AT time when the deceased
contemplated immed ate dissolution
or had given up all hope OF recovery;
that parts Of it relate a conclusion
and not fact; that circumstances 10
IL do not relate to the transaction;
and that part OF it purports to tell
what took nlare after the inf ctiOn o.
the wounds from which Clara Wiley
Castle died; and that it is the eX-
preston OF an opinion and con-
cluciOn.
Then Judge Redden objected to the
whole statement because it was pre-
nared by others and not at her re-
quest, and that it was not the best
evidence because it was shown that
Mrs. Castle wrote on sheets OF paper,
of which tie statement in court was
said to he copy, and these sheets OF
naper were not introduced in court or
satisfactorily accounted for.
In the court room sat Miss Morrison
as grim and self-pOssessed as ever.
She was attended by her father and
three brothers, one ot whom lives on
farm near Enid, OF.
IT is expected that much OF the
testimony today will be the same as
that given by the witnesses who
testified while the question OF admit
ting the evidence was being en-
sdpred.
The defense in the Norris n mur
der trial won an important point yes
terday: they proved . that Mrs.
Castles church people had circulated
paper aud raised $500 to be used in
coDvicting Jessie Morrison, and that
ihp church people were active 10
securing NJ s. Castles dying STAT
ment. They also succeeded 10 having
part Of the dying statement thrown
out because it was cOnclusively proven
that the statement was prepared by
DR.. Ambrose and taken to Mrs. Cas-
tie for her signature. ln cases where
women are charged with murder, the
jury is always looking .Or an excuse
10 acquit or disagree, and the MOrri-
son jury has already found several.
The defense is having its inning, and
we will now hear the other side OF
the Eldorsdo love affair. Miss Nor
rlson tainted Yesterday, and At an
other time cried This indicates
that the sentiments as we'll as the
prejudices OF the jury will be worked
upon for all 1t is worth.
FRIDAY.
Jessie Morrison may 20 free with
out the t iil ever b.iug concluded.
She has been constantly breaking
down since the trial commenced, aud
the last few days has been IN bic to
logger bear up under the strain. A
physicians certificate stating that
she is unable longer to 90 on with the
trial would result In a continuance.
In this event, the jury would have TO
be discharged and there is no prOba-
bility that aBOther jury could be
found 10 Butler county TO try the case
and the defendant woud have TO be
released. Captain Joseph Waters Of
Topeka, who is assisting in the prose-
cutioD, says physicians certifc lie
that she is unable to continue With
the trial wn'ld not surprise him. He
says IL is plain that she is getting
weaker every day. Miss Morrison
has net yet been attended by a physi-
cian dutinu hnr trial Alfhon. N sha