The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-12-06
ROAsTED 30 NEWsPAPERs.

lieLe was a LeellLE llidt TIE NLc-Ie-- AT
would live"
ROASTED THE NEWSPAPERS
Judge Redden gave the newspapers
hard rap for spreading the case broad
cast and stating that the defendant was
guilty. He talked several minutes along
this line and rather bitterly, too.
II have no apology to make" said
Judge Redden in taking up 50 much time
in discussingthis matter. 1t is import
ant to know whether a family shall be
broken down and wheto-r the defendant
shall have fair representation. We feel
that il the statement is admitted that Il
viii be doing the defendant a great in
justice and that it is not the dying state
ment of Clara Wiley Castle but was fix
ed up for her signature"
During the statement Of Judge Redeem,
Mrs Wiley sat with her back to the at
torney and tears came into her eyes and
she placed her handkerchief over her
eyes. Mrs. Castle sat near her husband
and closely watched the proceedings Of
the court. There were tears in her eyes
as Judge Redden pictured the scene
around the bedside in that Castle home.
DIN Castle was not present in The
court room during the morning.
After the conclusion OF the argument
Judge Shinn asked for the statement and
looked It over closely.
WHAT JUDGE sHINN SAID.
Judge Shinn said: THE questions that
have been argued very abIy by the coun-
sci are dificuIt questions for the court
to decide First, as to whether any por-
+. 10 Irr
ing declaration Of the declarant, I do not
think the evidence shows that at the
time it was taken on the evening Of July
9, 1900, declarant had given up all hope
Of recovery. I think those persons who
were in close attendance upon her thought
that she had given up all hope Of recov-
cry. But on the question whether she
had given up all hope of recovery at the
time the statement was signed, July 4,
is a different question Upon this we
have the evidence that on the 22nd Of
June, the declarant had received wounds
that were necessarily fatal; that she was
then told 10y the physicians that they
were necessarily fatal, and that notwith-
standing the severity Of the wounds and
the statement of physicians she still had
hopes Of recovery. On the afternoon Of
July 8, she had grown much weaker ana
was becoming somewhat depressed in
spirit that she asked DR.. FullinWider,
one Of her attending physicians to state
to her candidly whether or not there was
any hope Of her recovery. In answer to
that request DR. Fullinwider informed her
that there was no chance to recover told
her that If she had anything she wanted
to do before passing away she had better
attend to it To this she made no re-
Spouse. on July she was still weak,
somewhat weaker perhaps than on the
Bird In answer to question by Rev
Wharton on the afternoon Of that day
she expressed the belief that she would
not recover. To the statement by her
mother that they would have to give her
I'D. she assented. later in the evening
DR.. Koogler, one Of her attending physi-
clans informed her that he and the other
physicians concurred in the opinion that
there was no possible hope Of her recov-
cry and that her death was near and that
If she had given up all hope Of recovery
and desired to sign any statement as her
final statement, dying statement, she
might do so. and shortly thereafter she
signed the statement. These facts and
all the circumstances Of the case satisfy
my mind that at the time the declarant
appended her signature to the statement