The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-11-15
NEARING THE END.
CONTINUED from First Page.)

Dr. A. G. Smith, of Oskaloosa, was
then called. and he was asked to state
as to whether in his opinion six or seven
blows upon the head. without cutting
the external skin, the temporal bone
being bruised would be sufficient to
cause death: this was a Hypothetical
question and it was claimed by the
state did not include all the conditions
given by Drs. Jermane and Tucker, so
witness was excused until the stenog-
rapher could examine his notes and re-
port to the court.
Mr.. Nordyker, a German from IIol-
ton, was then called. The clerk of the
district court does not speak German,
and question arose to whether or not
he could be properly sworn. But the
old gentleman said that he could under
stand the English but could not speak
it. Amusement was caused by this in
cident He was sworn, but had to have
an interpreter called by the court to
ing new and court adjourned until
morning.
TROUBLE OVER DIR. SMITH.
DIR. A. B. Smith of Oskaloosa was the
first witness called by the defense this
of Oskaioosa conducted the Questioning.
Smith should be allowed to testify. since
he had not heard all of Dr. fuckers tes-
that that Dr. Smith heard et only the evidence
of the first day, but after considerable
Red bH he for the
"If a person should be stricken six or
seven times on the side of the head. none
skin ski What would necessarily be pro-
Here the state objected for the reason
that all the conditions as testified to by
ton. The defense asked for 80 minutes
tb in whifh to Produes
proper one upon their theory of the case,
regardless of the theory Of the state.
been called away and the state asked for
a little more time to look up some au-
witnesses to the stand at this time. Ac-
cordingly Frank Klusmire. son of the de-
called by the defense and the examination
was conducted by Attorney A r. Crane ne
same Points given before by Carrie and
May The incident Of his ,t mothers raye at
was related He also said that on the
evening of May y he had do heard J, Ibis his
stairs found her holding her side He
ing upon the table,
In the cross examination by Attorney
R. B. Welch the witness was asked many
questions which had been put to him on
June IS, when his statement was taken
by Mr.. Welch and County Attorney Ora
ham.
member" or 1T am not sure" The ex-
member or ST am not ure." The ex-
animation of this witness was long and
very tedious. Carrie Klusmire was then
called
She was followed by her sister May,
but nothing especially new was brought
out They were simply called to confirm
some of the statements concerning their
mothers action which had been made by
other witnesses
John Klusmire was called to the stand
and a delay was caused by the defense
asking to be allowed to use a plat of the
lower part of the barn which had been
used previously by the state. 1t was not
in the court room and during the time
taken to procure it F. R Black was
called by the defense. An effort was
made by the defense to show that Mr..
Klusmires very low tone. in testifying
Yesterday habitual to him. They were
only partially successful
The plat of the barn having been
brought by this time. John was asked to
explain its details fully to the jury, which
It was now II o'clock and DR.. Smith
was compelled to be absent until o'clock.
and as the defense did not wish to pro-
coed with the testimony till his arrival,
court was adjourned to 1870.
The testimony for the defense will
probably be completed this afternoon or
bv noon tomorrow and the prosecution
will then introduce rebuttal testimony.