The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-12-05
Defense Will Try to Impeach
Castles Testimony.
SURPRISES IN STORE.
Witnesses Who Will State That
He SwOre Falsely.
Man Who Heard Mrs. Castle In
Yite the Defendant
Into Her House, Has Been
Found and Will Testify.

E0UuU anu " III ACSSA1J
Ell Dorado. Dec. 5.-At 1890 Tuesday
night court adjourned the Morrison case
until today with arguments as to the
admittance to the jury of Mrs Castles
alleged dying statement unfinished
It is announced that the defense has
located the eanvasser, A J. Morgan, who
called at the Castle home on the morn
ing of June p, the day of the tragedy
and win have him here to testify
The defendant hopes to prove by ms
testimony that Clara, Wiley Castle call
ed Jessie into her house. This Would
add an air of probability to the allega-
tfon that after the alteration between
the two. Mrs. Castle attacked jessie
Morrison and the latter defended hefselh
with such terrible results Ihe deIehu-
ant has an affidavit of NJ. A Sadlef, d
farmer, who alleged that canNasSsi ,
Morgan told him that Clara Castle call
ed Jessie into her house on June z
To an old schoolmate, who was per
rnitted to visit her in her cell during the
noon hour, Miss Morrison SAID.
Il know that some people thlnk that'
because / do not cry all the time, am
q brazen thing, but You know thal my
every motion is severely criticised Ou
can never know how very Ilred anu
weary L get sitting in that big chair all
strain myself from weeping IN the couIt |
room but / endeavor to do So When L
am alone in my room Just cannot nelp
it and cry myself TO sleep every night
The defense has five witnesses to con-
fradict the evidence given by DIN cas-
tie to the effect that at II o'clock on the
night of June IL. Jessie Morrison met
him on the street near his home and
wanted him TO go to a dark place where
she said she wanted to talk to him
These witnesses will swear that jessie
was not there at all that HnlSnLs ana l1lat
she was spending the night with IfIenflS
in another part Of town 1t is also CIV
en out that the defense has a witness Dy
whom it expects to prove Clara Wlley's
jealousy Of Jessie AforrisOn's attentions
toward Olin Castle. It is said that she
employed a woman named Pugh 70
watch the actions of the defendant ana
young Castle, before his marriage and
this woman viii testify to a number of
things that have not thus far been
brought out in the examination
The state will rest its case today It
will take the defense about two days 70
get its evidence in. The defendant viii
be placed on the stand in her own be
half She Will be the last one to testify
before rebuttal testimony is offered.
1t is rumored that the state will pro-
duce a note dropped by Jessie Morri-
son in the house after the tragedy, which
reads: I have killed Clara Castle. Olin
will know This note would prove pre-
meditation. but when asked about II the
states attorneys said they had no such
The entire day was consumed in estab-
fishing the validity of the dying state
ment Of Clara Wiley Castle by testl-
mony and argument The state intro
duced a number OF witnesses to identify
the statement and testify that Mrs. Cas-
tie had made il when she believed that
she was going to die
The statement was made by Mrs Cas-
tie in brief sentences in answer to ques-
tions prCpounded by Austin Brumback.
a brother of the county attorney, who
was absent from the city. The state
rnent, except the last seven lines, was
made on the night of July 3 The next
day DR. c. r. Ambrose. attached seven
lines to the statement, it being thought
that it was not complete 1t was then
shown to Mrs Castle and she signed it
after she had been told by the doctors
that she could not recover. This is the
contention of the state.
The defense holds that Mrs Castle did
not write the statement. that she did
not believe she was going to die at the
time it was made and that the seven
lines added by Dr. Ambrose invalidated
It On these grounds the witnesses were
interrogated throughout the day. After
supper the arguments began, Mr. Kra-
mer opening for the defense. He held to
the first and second premises and spoke
for an hour Mr. Schumacher followed
and after attacking the validity of the
statement from the third standpoint
presented some supreme court decisions
in support of the cause Judge Redden
read a supreme court decision that dying
declarations are not admissible through
conclusions of witnesses, mental impress
sions or opinions
County Attorney Brumback argued
ulat Clara Wiley Castle did believe she
was at deaths door when she wrote the
answers which were afterWard wreathed
into q dying statement by Mr.. Rrunl-
back He also quoted supreme court de-
cislons- The jury was not in the court
room during the entire day or the even
ING WhlIe the testimony was taken and
Wnlle the arguments We're being made
Captain Waters followed Mr.. Rrtn1-
back for the state. He said the state
ment was competent because it was
founded on fact and had been written nv
Mrs. Castle. He argued for it section by
Secuon- Dur1ng some of his impassion-
ed remarks touching on Mrs ViIevss
talk with her daughter there was hard
~ a dry eye in the audience Miss Nov
Ilson sat with pale face, but showed no
emotion. ~
Austin Brumbaclx. brother Of the
county attorney. and the man who took
the dying statement of clara yK>ils1-
Castle, was placed on the stand
Mr.. Kramer, of counsel for defense
took UP the crosse examination of Brurn-
back after the latter had told of the in
cidents connected with the taking Of the
statement as related by DR.. Ambrose.
Why did you take this statement
asked Mr.. Kramer.
Because I was acting for the col5ntv
attorney" replied Brumbacx. In an
gone to take Mrs. Castles statement the
evening Of July 3, Brumback said he
had been informed that she was diving
Sou were informed several times