The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-11-19
CLOSING SCENES.
Final Arguments in the KIus-
mire Murder Case.
Attorney Casebeir's Eloquent
Plea For Defendant.
ADHERED TO HIS STORY
Says He Never Deviated From
Original Statement.
Followed by Attorney W00dburn
For Defense.
Case May Go to the Jury This
Evening.


case is drawing to a close and will go
to the jury this evening or tomorrow
morning.
There is an increasing interest in the
case. and the outcome is watched with
much attention.
County Attorney Graham concluded
his address to the jury Monday after
noon. He expressed a wish to speak of
the testimony of Drs. Jermane and
Tucker fairly and exactly, and taking
the court stenographer's written pages
read the exact words of both physi-
clans in regard to the bruises on the
head and chest.
Details were again given concerning
the defendants story concerning the
haymow episode. Mr.. Graham asked
the jury if it were not little singular
that a man who had not been during
the day at all friendly with his wife,
should be accompanied by her into the
barn at dusk, and that she should pre-
cede him the full length of a haymow,
seventy feet long, and assist him in
shutting a window
Speak king of the defendants finding of
the body about 4 O'Clock that morning,
Mr.. Graham said: Mr.. Klusmire's
mind must have worked with lightning
rapidity. There it was at least
o'clock and at that time of the year
the sun would rise between 4 and 5
o'clock. Still the defendant testif1es
that he tainted, and by his own testi-
mony it was fifteen minutes before he
entirely recovered; then he started for
the house to call the children, but,
changing his mind, started to call the
neighborS But those terrible thoughts
of threats made by Joe Stach came to
him and again weighing the matter in
his mind he finally concluded to con-
ceal the body in the silo and cover it
up with hay. Then he procured the
different articles of clothing from the
house with which ia cover the body
a ha ah 7tar xxvoz-k
astir. Gentlemen, I again repeat, Mr..
kluSmire's mind had a wonderful grasp
of the situation, and he acted with
great QuickneSS.''
After a special plea to the jury to
weigh carefully and honestly all the
evidence given in the case, Mr.. Graham
closed his speech, and Attorney Henry
Casebeir, of OskalOosa, made the first
speech on the side of the defense
He said in his introduction, in part:
Gentlemen of the jury, you have in
manner been on trial here for the past
week. Witness after witness has ap-
peared, often for hours at a time; your
minds have been riveted upon what
they have said; there have been many
spectators present-people of all con-
ditions and stages of life-light-hearted
and happy, sad. miserable and forlorn:
all classes of humanity as it exists
they have all been present, and in the
minds OF all these people you have, to
a certain extent, been on trial But
gentlemen of the jury, there is one lone
man who realizes that this is nothing
to the way in which he has been on
trial OF all the people who have en-
tered this court room there is only one
man who appreciates entirely the full
import of what has transpired here dur
ing this last week"
The attorney then referred in most
earnest and pathetic way to the change
of circumstances in the life of the pris-
oner From the home containing the
loving wife and children, where he was
trusted; from the neighborhood where
he was held in high esteem and honor;
from all these and other happy and
pleasant surroundings he has been taken
and made. to answer the charges of
which he is innocent"
The attorney then drew the picture of
the death of the honest neighbor, the
dutiful and hardworking wife, and the
kind and loving mother ending with
these words: mo wonder that the
neighbors were aroused-no wonder that
they asked for inyeStigatiOn-bu
why should the husband be charged
with the deed? Let us look to see what
we can find as a motive. In the testi-
mony have we had anything given US
to show that he ever cursed, blasphemed
or in any way injured her? Did he bear
any hatred in his heart toward her
no. How could a man who had twenty
five years ago. in the bright and happy
days of youth, been married to such a
kind and loving woman; who had borne
to him eight sweet and loving children
what man could do such deed when he
takes into considerable all these things
/ ask you. gentlemen, how could he?
And, in all honesty, honorable men of
the jury, does the defendant look as
though he could be guilty of such a.
crime? So, there being no hatred in his
heart, that could not have been the mo-
tive
Further, there was no insurance, and
he could not possibly have that as a mo-
tive Gentlemen, men do not do such
things without a motive and there has
been absolutely no motive shown in this
case.
Mr. Casebier then spoke very dispar-
agingly of the adroit manner in which
the testimony of the physicians Drs
Jermane and Tucker, had been given;
he went into detail concerning the state
ments of these physicians and plead
with the jury to weigh them carefully.
Then a picture of the home life of the
KluSnireS was drawn, relating ths in
stances which had come up in the course
of the testimony of the members of the
family-the testimony of May in regard
to her mothers helping Carrie arrange
her hair before going to church; the
fathers hitching up the buggy for the
children to drive to the services-aII
these little Incidents given and des-
cribed in a very eloquent way, to show
the harmonious conditions existing in
the home.
Then, he begged the jury, in all fair
ness and using their common sense in
relation to the little frictions and trou-
bles occurring in the everyday life of all
homes, to weigh justly and honestly,
the testimony where it had occurred to
show that such had existed in this home