The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-11-20


80 1 shall not weary you with a
resume of this case but I wish to call
your attention to what it means to be
tried by jury"
The speaker then gave an account of
the oaths taken by the jury before they
are allowed to act as jurors; then he
referred to the careful instructions
given by the court to the jury-all these
things placing around the prisoner ev-
cry possibility of a fair. just, honest
trial
Then Mr. Hayden stated very deci-
sively that in this trial the state had
brought forward no testimony, nor had
they pretended to, excepting that of
Otto Baunaka and z. t ingalls,, upon
which a verdict of murder in the first
degree could be based
The attorney then showed the jury
how improbable it would be for the de-
fendant to tell Otto Baunaka and z. T.
Ingalls,, men whom he knew very
sligntly, OF his wife's intention to go to
Texas. instead of telling his more inti-
mate friends in Holton. Then, taking
the testimony as transcribed by the
court stenograp pher, he asked the jury
to note the contradictions made by
both of these witnesses and their fail
ure to remember names of individuals
and dates. Closing, I say there is not
one scintilla of truth in their testimony,
and not one thing upon which murder
in the first degree could be based.''
Resuming, the attorney said: Gen
tlemen of the jury, there have been
some things done in this trial, some
means resorted to, with which I can
find only one word in my vocabulary to
describe, and that is, 'damnable.'"
The coroner's inquest was described
in detail; emphasis was put upon the
fact that no official notes of the testi-
mOny were ever transcribed, that moth
ing was ever put upon file in the office
of the county clerk to indicate that
such an inquest had been made.
Then the attorney said. mot content
wit Isaf frr.+ - H.
terry and took up the body of Katherine
Klusmire. Did they ask the defendant
about this? Did they give the defend
ant the benefit of this second examina-
ton? Did they say to the counsel re-
tanned by the defendant that such an
examination was to be made, and if
they wished to be present with an ex-
pert witness it would be all right? No,
no; they went about this matter Sc
cretly and surreptitiously-mad this
second autopsy, taking care to destroy
all evidences of suicide by hanging, and
then cautioned all the witnesses under
no condition to reveal anything con-
corning the examination Gentlemen of
the jury, is there anything fair about
this? l should say not-most emphat-
ically."
Mr.. Hayden then took up certain in
structions to the jury and explained
them again very carefully, asking that
the jurors give them their earnest and
careful thought when rendering the
verdict, being sure that when there
is a reasonable doubt the defendant
must have the benefit of it.
MIR. WEIGHS SPEECH.
Attorney r. B. We1ch, of Topeka,
made the closing speech for the state in
the kluSmire murder case this morn
ing He said: AS some of the other
attorneys have said, if you, gentlemen
of the jury, were to live to be as old
as Methuselah, never would such grave
duty involve upon you as now confrOnts
rendering a n c1 10
Later, in speaking of the duties de-
volving upon jurors under our form of
government, he said that the duty is
divided. 1T is the duty of the court
to decide the law points in the case; it
is the duty of the attorneys to present
the case according to law; it is the duty
of the defendant to get all the credit
able evidence before the jury; then it
devolves upon the jury, after consider
ing carefully and honestly all these
points, to render honestly and fairly
you see time when greater respon-
sibility will rest upon you than at this
time-to determine the guilt or inno-
cence of this defendant.
1T seems to me that with reference
to some of the instructions to the jury
a wrong impression has been given to
you by some of the speakers who have
preceded me, and I shall make a few
remarks upon these instructions"
Among the instructions which Mr..
Welch discussed was one about expert
testimony. He said that when Drs.
Jermane and Tucker gave their evil
dence, it was given as coming from
skilled physicians who were present
when the body of Mrs. Klusmire was
exhumed- Further he said it is the duty
of the attorney who makes the closing
talk to gather up the odds and ends
things that have been overlooked by the
other attOrneys-so the closing speech is
apt to be more or less desultory. But
he continued. there is one thing which
i discuss ha
upon which the defense has conducted
thls case I must say that it is the
shrewdest thing that 1 have ever seen
attempted The boldneSS of it, I may
say, is to be admired; in fact, its bold
ness almost alarms one, and unless
careful he is apt to be deceived
80 Ihen 1Ie Mr. Weleh gave an enumeration
OF the falsehoods which he said had
been told by the defendant in trying to
explain his wife's absence. Then
continued Mr.. Welch, when the body
was found the defendant admitted that
he had lied about his wife going to
Texas. OF course, he admitted it, 1t
would be absurd for him to claim his
wife was down in Texas when her body
mad been found in a ravine in Jackson
county. Now, gentlemen of the jury
do you seriously think that because
the defendant admitted that he lied in
some small matters that it is any more
probable that he would tell the truth on
the witness stand while being tried for
murder. But this. gentlemen, is the
nypothesls upon which the whole case
mas proceeded and gentlemen I ask you
is it reaSonable2"
Mr. Welch stated during his speech
that has cross7examination of the chill
dren had not been so rigorous as it
might have been for the reason that he
mas son of his own and can realize
more fully the feeling of these children
who had come to the rescue of their
father.
Further, when speaking Of the fact
tnat there was absolutely no hay upon
the body nor upon the clothes when
they were found in the grave in the
ravine, Mr.. Wlch asked the jury if
from their own experience they thought
it probable that such a thing could oc-
cur. Would it be possible, he said. for