The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-11-16
EVIDENCE ALL IN.
Doctors Disagree About Death
of Mrs. Klusmire.
Question Is Concerning Eeffct OF
Blows.
BEGIN. ON REBUTTAL.
State Calls Physicians Back to
the Stand.
Testify Further Concerning
Wounds on Body.
Court Refuses to Allow Broken
Ribs Shown to Jury.

oskaloosa. Nov. 1s-The defense
closed its testimony in the Klusmire
case late Friday afternoon and the state
then began the introduction OF reouttai
evidence.
The rebuttal testimony centers in the
doctors and there is a clash of opinion
which always comes when there is any
chance of casting doubt upon the cause
of death.
Doctors testified that the wounds on
Mrs. Klusmire's body could not have
caused death and others that they GER
tainly would Doctors testified that her
death could not have been caused by
hanging and others that it might have
been.
DR.. A C. Smith was the first witness
called to the stand in the afternoon by the
defense and the same hypothetical ques-
tion including all the conditions as testl-
fled to by DR.. Tucker and insisted upon
by the state was asked by Attorney
CaSebeir and the answer was, Il thlnk
1t would cause death
Questions concerning the result of IN
juries upon chest We're asked but as
they were repeatedly overruled by the
court. the witness was excused
DIR. S. Johnston, of OSkalOOSa, was
then called and the same hypothetical
question was asked DR.. Smith was
put to him and the response was, IT
would cause death"
DIR. Geo A. Dean. head of homeo-
pathic school, Kansas City, Mo, was
then called.
He testified that during the month of
June he had examined the body of Mrs
kluSmire at the request OF the defend
ant, in the presence of MeSsrS. Hayden,
WOodburn and others. He described the
examination, saying that they were try
ing to discover what had caused death
He said that at that time the body
was so discolored that he was not able
to decide as to the extent the injuries
received on the chest: but that there
was great mobility of the neck; that-the
larynx was in a crushed condition. that
there We're signs, that to produce such
conditions as he discovered. the body at
that place must nave received some con-
fusion; that no further examination of
the vertebrae was made because part
of the bones of the skull had been re
moved and that if he were wishing to
destroy evidence of hanging the first
thing he would do would be to cut the
ligaments which were already cut
Further. he said that he had exam
ined the bones of the skull and the ribs
used by Drs- Jermane ard Tucker IN
their testimony, and that in his opin-
ion no injuries had been received by
these bones that would produce death.
The same old hypothetical question
was asked DIR. Dean, and his reply was
1T would not" He also was asked,
Wiu swelling occur after death ?''
No" Then, will blood circulate after
death2" 1t will not"
Attorney Hayden then asked. ~Doc-
tor. If six or seven blows inflicted upon
the side of the head without in any
way abrading the skin. would it in your
opinion be sufficient to cause death %
The answer was in the negative.
Then practically this question. Would
blows across the chest, causing slight
fracture of two ribs, with clot of a.
pint of blood formed near one side.
negative.
Attorney r. B. Welch conducted a
rigid cross-examination. The first point
brought out was that if the chest ha v
ing at the time any covering should
receive a heavy blow of some kind
even if it did not produce an abrasion
of the skin, there might be a jar suffi-
clent 10 cause death The result of this
cross-examination, however was that
the testimony of the state was not
shaken to any great extent
DIR. A G. Smith was then called and
upon being asked to describe the symp-
toms of puerperal mania, from which
the defense is trying to prove that Mrs
and melancholy"
In the cross-examination Attorney r.
-MB- Welch brought out the point that a
such a way that death would be caused
in comparatively short time
the witness was excused, and Attor-
neys Hayden and Crane We're then
sworn, the former taking the stand
first
He gave full description os the place
In the barn where the defendant claims
that he found the body of his wife
hanging He stated that he was in the
sleeping room of the defendant and his
wife. and stated also in his test of the
height of the room that he was unable
while standing on the floor to touch
the ceiling with his hand.
About the only question asked by At
torney Welch in the cross-exa mination
was, Cant you fnd-welI, say a hum
dred places in any barn where a per
son could hang himself?"
This caused some amusement hnt
Attorney Hayden finally acknowledged
that such would be the case. proba biy-
Attorney Cranes testimony was cor
roborative of Attorney Hayden's. A
recess OF few minutes was then taken
REBUTTAL TESTIMONY.
The state here offered evidence in
rebuttal, and DR.. P L. Jermane Was
the first witness called to the stand.
Have you the ribs taken from the
body of Mrs. Klusmire 9''-
Il have"
From the fact that the point was in
sisted by Attorney Hayden that these
rips were now broken further and not
In the same condition as when formerly
eXnlolted, Dr. Jermane was excused
and DR.. Dean was called
He states that the ribs were in a sir,-
liar condition as when he had examined
them in the presence of Drs. Tucker AMI
Jermane.
RIBS RULED OUT
Then Dr. -Jermane stated. upon being
questioned, that they were not in fhe
same condition as when he had exam
med them IN the presence of the illry-
When witness was further examined
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