The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-11-08
One Worn by Murdered Woman
Brought Into Court.
Claimed That 1t Indicates That
Body Was Washed.
GARMENTS TORN OFF
Left in the Grave When Body
Was Found.
Children of the Prisoner Nestle
on His Knee.

Oskaloosa, Kan, Nov S.-The state
had surprise on hand in the Klusmire
trial this morning. 1t has the dress in
which Mrs. Catherine Klusmire was at
tired on the night of May 12 1t is a
hl ok calico wrapper and it was wrap
ped around the feet of the woman when
her body was found in the trench. It
was cast aside. back into the trench.
Later it was dug up again.
The existence of this piece of evil
dence was little known, and the signif-
icant fact that the sleeves were turned
inside out had been overlooked or kept
secret till last night.
1t is made the basis of the states ar
gument that Mrs. Klusmire was killed
out in the yard and not in the bedroom
where her two babes slept. 1t will also
be suggested by the state that the body
of the woman was washed by Klusmire
before burial, removing all bloodstains.
No trace of any shoes worn by the
woman that night has ever been found.
They were hunted for but are still miss
ing.
Klusmire had a field day with his
children all day Thursday. They came
to see him in the afternoon. AS he took
little 3-year-old Pearl in his arms, two
great tears formed in his eyes and roll
ed down his cheeks.
Gladys, the baby, would not go to him
at first. She chung to the eldest sister
May. The prisoner took Pearl on one
knee and beckoned again to the babe.
1t crowed and then went to him. With
the babies nestled-one in either arm
he said to a spectator: "See. this is
the way used to hold them. The baby
didn't know me. She did not want to
come to me at first. 1t has been five
months since She has seen me-"
1t is to be questioned if the family
feature of this case has been equalled in
Kansas criminal annals in years. The
father of eight children is on trial for
his life, accused of the brutal murder
of their mother. They are summoned to
the court to testify in the case. With a
kindly latitude given him by the sheriff,
the man gathers the mOtherless babes
to his breast. croons to them and plays
with them He takes the two babes to
the window and looks out on a clear
and bright November landscape-out
toward the great free world. Some such
thoughts ran through the minds of the
spectators, but today justice begins the
swinging of the balance in earnest The
jury is being called to the box and the
man who had family yesterday. al
most as much as he had it five months
ago, is now only prisoner at the bar.
In examining the Klusmire jurors to-
day the defendants attorneys asked
every juror if he was married man.
The first man to be questioned was l.
Repstein of Oskaloosa township.
Are you a married man?'
Eyes, sir"
Have you any children?"
Eyes, SIR"
How many?'
mine"
Repstein answered with such prompt
ness that it caused a sensation in the
court room and much laughter. All
recognized at once that Repstein goes
the defendant one better in the matter
of family. The difference is that pris-
oner's eight children are all in court
The defense also has another poser
for the jurymen. 1t Is this question:
DO you believe that Katherine Klus-
mire is dead?"
If they answer in the affirmative they
are challenged for cause.
Benjamin English, an Oskaloosa ne
gro is the only one of a half dozen thus
questioned who has SO far devised the
query.
At noon today the jury box was filed
temporarily. Every one of the II is a
married man. The IL jurors then sitting
had been examined and passed for
cause. The defense has IL peremptory
challenges and the prosecution six
These will be taken up right after
dinner and the jury will be selected
late this afternoon it is expected
Thirtysix of the special venire of 100
were used up this morning.
Klusmire takes unusual interest in the
proceedings today. He realizes that
the battle is on. He has not smiled fire.
Quently this morning and watches the
jurors closely as they are questioned.