The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-11-13
Circumstantial Evidence Tight
ening About Klusmire.
Witnesses Tell More About His
DuplIcity.
TELLTALE TELEGRAM.
One Announcing Death of Wife
is Introduced.
Doctors Say Bruises on Body
Were Caused Before Death.

| Oskaloosa, Kan, Nov. 13.-The prose-
cution in the Klusmire murder case is
well started. The most important de-
velopments up to this time have been
| revealed through the testimony of
physicians who told of the wounds on
| the body of Mrs. I<1usmire to the effect
| that the bruises found on the body at
! the first examination would not have
caused death.
| After the noon recess DR.. McCandlass
was recalled by the state and his testi-
mony revealed that he had not had
much experience in autopsies.
| DR. j. c. Tucker, of Holton, was then
called. He has practiced medicine since
1888 and assisted in both examinations
| OF the body of Mrs. klusmire- He teS-
titled that notes had been made at the
| inquest at his suggestion by Mr.. Rose.
| When DR.. Tucker wished to use mem
oranda to refresh his memory objec-
! tions were made by defense and the
court with the consent of the state in
! structed MIN to lay them aside for the
! time.
! He produced a diagram of the body,
| drawn by himself, to explain the bruises
/ on the body, and objections were made
| by counsel for defense on the grounds
| that it was not exactly correct that is,
such as could be found in a medical
| book, SO, for the time being, court had
| the diagram removed.
| DR.. Tucker then explained in a very
clear manner the state of the body at
| both examinations, corroborating very
| largely the sta tementS of Dr. Jermane.
| AS an expert, he gave it as his opin-
| :on that Mrs. Klusmire's death was
caused by blows received upon her head
! and chest explained that a blunt,
| smooth instrument, something like a
| gas pipe had probably been used.
| He also stated il as his opinion that
| the bruises on head had been made
before death; that the bruises on the
chest were also made before death.
| The cross-examination, conducted by
Attorney Hayden, was very severe. The
testimony corroborated very largely the
! testimony of DIR. Jerrnane in the morning
! he said that the first examination he
| had requested of Dr. Jermane that they
| first look for signs of strangulation, but
| that no official record of this had been
made.
In the afternoon as during the testi-
mony in the morning Attorney Sidney
Hayden objected often to the use of
| purely technical language, often substi-
] tuting for the benefit of the jury, simp
| Ter words of his own.
] When questioned by Attorney Hayden
as to who had asked him to make the
| second examination DIR. Tucker replied
| that he was not quite sure but that he
| thought it was County Attorney H. f.
| Graham.
| he expressed II as MS OPINION Jnat
| the depressions on the skull were pro-
| badly congenitaI or natural.
| Attorney Haydere and DR.. Tucker
gave a very realistic demonstra ton cf
| the way in which the bruises were in
/ f1icted Attorney Hayden lying down on
| the platform il he had been lying on
| the bed This was done as a result of
| the fact that the defense refused to al
| low the diagram of the body to be
used.
Both physicians were asked this ques-
| ton by Attorney Hayden: will blood
| circulate after death?'' The replies
were in the negative. with the state
ment that after death the blood would
! be emptied from arteries into the veins;
| that the blood of the body would settle
| to the lowest position possible, in the
same way that water seeks the lowest
| level
| Attorney r. B. Welch then questioned
| the witness further; witness stated that
he believed that the death of Mrs. Klus-
! mire had been caused by blows on the
head and chest, either of which would
have been sufficient to cause death.
DR.. Tucker was then excused and af-
! ter short recess by the court, May
Klusmire was called by the state, and
shown a telegram received by her June
| l. 1901. This was the telegram from her
father announcing his wife's death.
| The state then called three witnesses,
Miss Ada Carson, E. H. Linton and
| Frank Blank
81
Western Union Telegraph company at
| Holton and identified the telegram as
one which was received by her June l.
/ 1901 but the defense refused to allow
| her to divulge in any way the contents
| of the telegram
Mr.. s. J. Black of HoIton was then
J called He has been the constable in
that city for the past year. He testified
| as to going to Kansas City June 2,
! 1901: seeing defendant at the city prison.
| He produced a copy of a telegram such
| as May had received (which he had
, shown the defendant at prison, it being
| signed E. B. Mitchell, the defendant
| claimed by mistake This telegram
| stated that Mrs. Klusmire was dead
near Galveston but would have to be
buried there
| fed that he conversed with the defend
| ant about June 1; that in this conversa-
! ton he had stated that his wife had gone
| to Texas
Mr.. Frank Blank,a clothing merchant,
: of Holton, came to the stand and told
| of his conversation with defendant in
his store. That in the course Of this talk
| the defendant had asked him to cash a
! check of $50; had said that his wife was
| very ill in Fort Worth, Texas; later. had
! said that she was at Galveston and that
| he guessed he would have to go down
there.
| Miss Carson again took the stand and
testified that at no time did she receive
| a telegram for w. H. Klusmire as he
| had told his children just before he left
| ostensibly for Texas.
| T. M Haas, Jno. Wilkerson and s. T.
| Black were then called.
Mr.. Black was then asked by Attor-
ney r. b. Welch to tell of his conversa-
| ton with the defendant at the Jail in
Kansas City. The witness said that de-
fop6auf had fold him that owing n the