The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-11-13
WEB IS CLOSING.
Continued from First Page.)

| court sustained an Objection mace
| by Attorney Hayden to a question by
| Attorney WEIGH as to how defendant
| was dressed at the prison; but it came
| out that the defendant was dressed in
| black with band of crepe on his hat.
The examination, again conduct
ed by Attorney Sidney Hayden, reveal
| ed the fact that defendant never said
anything to him as to his wife's having
| received a bruise by falling in the hay
loft; neither did the defendant allude to
the fact that the Stach family had it
| IN for him." When witness questioned
| him as to how the bruises came on the
| body, the defendant had explained that
| possibly she had been bruised by his
| accidentally letting her fall at the grave
| or by hitting her against the studding
| of the barn as he carried her from the
barn.
Jno. Wilkerson was then called to the
stand; he had conversed with the de-
PENDANT on the train from Kansas City
| to Holton and his testimony was COR
roborated to 4 large extent of what has
| already been given.
E. NJ Haas, undersheriff of jackson
county for the past six years. was next
| called by the state.
| He had gone to Kansas City at the
same time with Mr.. Wilkerson, and had
| conversed with the defendant at that
| time; also. defendant had told him that
wife had been caused by her death
| struggles in the barn, and as to others
! that possibly she had been bruised by
the clOdS falling on her when he buried
| her that night.
When witness questioned defendant in
the conversation at that time, as to
whether it was not hard for him to
bury his wife in the night that way,
witness testified that defendant had re-
Piled, "Oh, little at first; but when
got my hand in it was easier.
Characterization by Attorney Hay
den brought out no new points.
J. F. Mock, undertaken at Holton,
mire's body at both examinations, then
came to the witness stand, but his teS-
timony revealed no new points.
w. B. Butram, who lives southeast of
then called, and gave details of a con-
versation with the defendant about
May 20, when the latter had told him
OF his wife's going to Texas to visit
a sister. When surprise was expressed
by witness and his wife that Mrs. Klus-
mire should go away and leave a small
baby, the defendant had replied "Oh,
she has sold her chickens; has about
$50 or $75, and 1 guess it is burning her
pockets, and she has gone to spend it"
After excusing this witness and the
recall of J. F. Moeck, whose testimony
brought out no new points in partic-
ular, court was adjourned until
o'clock Wednesday morning.
JURYMEN TESTIFY.
The Klusmire case opened this morn
ing by the state calling for the fol-
lowing witnesses: a. J. Way, VIM. A
Smith, Peter Bryant, Grin Taylor, Otis
G. Tabor and c. E. Rose.
Otis G. Tabor was present June
1 at the autopsy on the body of Mrs.
klusmire as member of the alleged
coroner's jury. The defense objected to
the admission of this testimony claim
ing that the cOrOner's jury was not
called according to law Mr.. Tabor tes-
titled that he saw no marks on the neck
to indicate that her death had been
caused by hanging; further, that he
saw no hay on the clothing, and that
her hair was hanging in a braid down
her back, and that the hair on her head
was not rumpled up.
Grin Taylor was the next witness
called for by the state, he being also
testimony was largely corroborative of
the testimony of the preceding witness
as was also that of W. A Smith,
Peter Bryant and @. E. Rose.
The defense made very strong OBJ
lection to the admission of their testi-
mony to whether the neck of the
deceased bore any appearance OF having
any marks or having a parched appear
ance. as the witnesses had not been
proven to be experts.
The other daughters of the defend
ant, Carrie and May, were accompanied
in the court room by the younger mem
bers of the family, there being eight
children present at the trial today May
especially seems to take care of the
baby and of the little girl a year older.
The prisoner holds them in his lap and
talks to them during the trial Mays
face shows traces of the trouble result
ing from the care of a large family.
DR.. T. L. Jermane, of Holton, who
was on the stand nearly all of yester-
day morning, was again recalled and
stated among other things that at
neither examination of the body were
there any signs which would indicate
that the spinal column had been dislo-
Gated.
doctor. have you any cervical
vertebrae with you which you could
show to the jury to explain how the
absence of any fracture was nOt1ced!
He then produced the different bones
of the skull and spinal column and ex-
planned the movement of them. He
stated that as a rule when death has
been caused by strangulation the face
is livid the lungs are found to be full
of air usually. the eyes protrude, the
tongue Is swollen and also protrudes.
spots over the chest; limbs hvid and
hands usually clenched; also that the
mark around the neck would always
show unless the body had been sus-
pended by soft material like sheet or
bed clothing. The doctor further stated
that at neither examination did he
see signs of death by hanging. but in
his opinion that it was due to blows over
the side of the head and chest
Attorney Hayden's cross-examination
of the witness was very rigid, bringing
out the point that the doctor had made
no examination to see whether the lig-
aments binding together the second,
third and fourth vertebrae were rup-
tured.
DIR. J. c. Tucker was then called and
stated when questioned by Attorney
Welch that at the first examination they
had looked for evidences by hanging but
had found none. He then took the bones
of the skull and explained the way in
which the examination was conducted:
using many technical terms; he stated
that as a result they found no disloca-
ton of the vertebrate and was then al
lowed to give as his opinion that death
had been caused by blows producing
confusion of the chest wall and side of
the head.
Attorney D. H. Morse, on behalf of
the defense, then conducted the cross
examination and asked the doctor a |
great many questions as to the names |
of the ligaments and tendons for the |
purpose of testing his knowledge, but |
the doctor stood the test very well.