The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-11-06
FOR FOUL MURDER
w. I'll. Klusmire Placed on Trial
For UxOrcide.
Body of Wife Concealed i'm Ra-
vine For Two Weeks.
FOUND BY CHILDREN.
Father Told Them Mrs. KIus-
mire Had Gone to Texas.
Telegram Received Announcing
Death From Yellow Fever.
TELLS A QUEER STORY.
klusmire Says His Wife Hung
Herself.
Concealed Body to Save Child
rem From Disgrace.
The Selection of the Jury Now
Going On.
Telegram Received Announcing
Death From Yellow Fever.
TELLS A QUEER STORY.
Says His Wife Hung
Herself.
Concealed Body to Save Child
rem From Disgrace.
The Selection of the Jury Now
Going On.

trial of w. H. Klusmire for the
murder of his wife wss begun in the
Jefferson county court here to-
day. A change of venue secured at the
September court in Jackson county
brought the case away from Holton
where the crime was committed on the
night of May II last
Before the trial of Klusmire had prog
ressed an hour this morning it was
halted by an exhaustion of the jury
panel There were "a jurors in the or
iginal panel When the attorneys be-
gan the collection of the jury it was
readily seen that the state would make
little progress today and that the real
battle will begin tomorrow.
Seven jurors were passed by the state
out of the "a called. Judge Gephart
then adjourned the court until o'clock
tomorrow morning.
In the meantime, a special venire OF
100 jurors will be called. The drawing
for the additional jurors was set for 2
o'clock this afternoon.
The first thing this morning after
Klusmire was brought into court still
smiling, though diffident, was the argu-
ment of point raised by the defense
about the uncertainty of the informal
ton.
Attorney Hayden opened what prom
ises to be a long fight by demanding
that the information be amended. His
contention was that it is double. That
and murdered his wife in two ways-by
clubbing and kicking her to death. The
court overruled the motion.
Judge Welch stated that the informa-
ton was drawn word for word like the
O'Neil case, passed upon by the su-
preme court
The attorneys for the defense except
ed to the ruling of Judge Gephart for
cause in carrying the case higher, IL
that is ever done.
In questioning the jurors it developed
that a majority of the thirteen excused
live in the western part of the county
adjacent to the Jackson county line and
are familiar with the case or preju-
diced.
Local interest in the case is at a min
imum- Besides the attorneys and
jurors there were not more than half a
dozen spectators in the room
In taking up the case ]. r. Owen, of
Ozawkie, was the first juror examined.
Owen said that he had not heard of the
case. and was passed by the state.
Arthur E. Roberts, of Oskaloosa, had
expressed an opinion, was challenged
by the prosecution and excused by the
court.
Amos Fleming. of Rock Creek. had
conscientious scruples against capital
punishment. He was then challenged
and excused.
Benjamin English, an Oskaloosa COL
ored man, was put through the examl-
nation, and was satisfactory to the
prosecution.
Frank Dick lives in Union township
and had never heard of the case. He
is a young farmer. There was no OBJ
lection to him.
John Reithart, living three and one
half miles north of Valley Falls for
SO years past. knew of the case, had an
opinion, and was challenged by the
state.
A. T. Stambaugh knew of the case
from the newspapers. He lives at
Granville. Stambaugh was challenged
because he had an opinion.
Robert Shaw, residing in Oskaloosd
township, was the eighth juror called.
He answered the questions satisfac-
torily and was passed for the time be-
ing.
w H Jones, of Oskaloosa township.
was challenged because he was opinion
ated.
David E. Mitchell was called. Judge
Gephart announced that he had been
excused on account of sickness
James S. Cost, of Delaware township,
was excused on stating that he held
decided opinion.
w. E. Cosey has been excused on ac-
count of illness.
James Pearson of Kentucky town
ship, was passed by the state
Eliza C. Miller, of Oskaloosa, had
formed opinion and he was also ex-
cused.
]. r. Pressell, of Meriden, was accept
able to the state.
Ernest E. Proud had read of the case
but this did not operate against him rs
a good juror.
W. A Tillotson. of Rock Creek. had
an opinion and was excused.
Warren d. Sill. of North Cedar. had
read an account of the case and was
challenged.
H. c. Grange, of Jefferson township.
and Miller Stewart of Ozawxie. were
passed by the state for the time being.
George S. Filing had read an accour&
of the killing in the papers and held am
opinion.
The court sustained H. 3. Shaffer II
Attorney H. Shaffer's challenge and ex-
cused Filing.
This exhausted the panel Attorney
Hayden demanded a special venire-
Judge Welch asked the court for jurors
from among the bystanders and towns
people in accordance with the new law
of 1901. but it was determined that the
usual form of calling jurors by the
sheriff would be followed.