The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-12-05

She went to her seat and sat there shak-
ing with sobs.
BRUMBACk.s BIG SURPRISE.
Before that, Austin Brumback caused
sensation He is q brother of the county
attorney. He had gone to the Castle
home to get the dying statement for the
county attorney, who was absent on July
3. He testified that it was 9 o'clock. He
asked the questions. Clara wrote the
answers. DR.. Ambrose then read them
aloud and Brumback wrote them down.
Then he would read them TO her and ask
her If they were the same. She would
nod yet. Brumback was shown the state
ment in court. He said it was the same.
That was before dinner. After dinner
Austin Brumback was recalled He told
Clara aCstIe's emaciated condition; how.
as she continued with the statement, it
was necessary to swab out her throat.
Sdu there was no token Of what was to
come and the audience was Hstless.
STIR UP A TIGER.
The defense took him in hand and be-
gan to cross-Question him closely. He
said he was not present when the state
ment was signed, but when it was made
He was closely cross-examined about
whether she had thought she was going
to die or not He testified that he had
never heard her say that, but he had
heard the physicians tell her that she
would die. He went on to say that he
went to get the dying statement for his
brother, who was absent. He was close
~ cross-examined on what was in the
statement He seemed to evade the
questions, and finally ne was asked to
give q general statement.
Brumback was on fire IN an instant.
He told how Clara had told how Jessie
Morrison had approached the house He
described, in tense tones, how Jessie was
sitting on the lounge; how the converse
ton ran between the two how Jessie
said You may read the letter. how Jes-
sic looked out Of the window. and how
Clara began reading the letter. He read
himself an imaginary letter. Then he
drew his fingers rapidly, stealthfully
across his throat, showing how Jessie is
alleged to have cut Clara's throat
JUMPS TO HIS FEET.
Brumback had jumped to his feet His
voice had become loud, emphatic ring
ing. He told how the fight progressed;
how Clara defended herself as best she
could. Sentence after sentence of the
statement he quoted, his hand raised to-
ward Jessie's attorney, Kraemer, and
shaking, as he dealt out sentence after
sentence Of the strange document
Spectators were beside themselves at
this dramatic scene. Mrs. Castle and
Mrs Wiley were both crying. Some say
the prisoner turned a little winter under
the assault.
AT all events, 1t was an unusual scene.
and Of course would not have been per
mitted if the jury had been present.
The fight over the admission Of the
ding statement Of Clara Wiley Castle
was waged long into the evening. a night
session being held. Messrs. Kramer and
Schumacher argued Tor the defense. They
used many authorities. citing the diving
statement Of James Dawson in the Paddy
Shea case. County Attorney Brumback
argued for the state. He used authori-
ties and talked at great length During
his closing argument Mr.. and Mrs. Wiley
and Mrs. Castle shed tears. Many people
in the crowded room were vislbly moved.
Captain Waters followed Brumback and
took up arguments of defense regarding
the different parts of the statement OBJ
jected to.
Defendants attorneys announce that
they are ready to introduce the evidence /
Of Peddler A J. Morgan, who, the de-
Tense claim, was at Castles home at
the time Of the tragedy. They also stated
that they may have him here.
essie Morrison was very tired tonight
At the close Of the court she asked her
brother, Fletcher, to help her from the
chair and there were tears in her eyes.
She said she did not feel wen. The legal
battle over the dying statement IS a hard
one.
The attorneys for the defense state
that Jessie Morrison viii be put on the
witness stand probably near the latter
part Of the trial
The arguments were not oncluded at
1920 p. m, and court adjourned until $3.50
tomorrow.
After the decision Of the court regard
ing the statement only one or two wit
nesses for the state viii be called.
In the afternoon DR.. Fullenweider was
recalled. He simply gave the testimony
about Or. Koogler telling her that she
would die. After she was told this she
wanted DR. Funenweider to pray. This
he did lie was shown the statement. +
"As far as 7 know" he said. 'Gt is the
same. would say yes"
He testified that on the night Of July /
he and DR. Koogler and Miss Wharton
went to the Castle home and they show
ed Clara the statement and said: "This
is the statement made last night You
may examine it and when you are ready
sign it," She did sign it,
Or. Koogler was called. He told about
being at the Castle home on June @. He
thought Clara would die in ten minutes.
After the operations and she was in bed
and seemed better he grew more hope
full, and he told her he had more hope. +
When She grew worse he knew she could
no- live. He told Clara on July 4 that
she couldn't live. She signed the state
ment She was i'm her proper mind. he
said He was present when the state
ment was made and when it was sign /
ed. He gave clara small doses Of NOR
phine IN order 10 keep her up while she .
was doing this.
Miss Wharton testified to being there
on July s. Her testimony corroborate5
the others. Reverend H. c. Wharton .
testified the same
POINTS IN STATEMENT
Then the county attorney offered the
statement in evidence and the defense .
objected This was at supper time
The points I'm the dying statement 10
which the defense made objection are
these: ID Being in the presence of
deaths" 90 II make the following state .
ment and declare 1t to BE the truth" 80
II thought would trsat her as q lady"