The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-11-18
Argument i'm KIusmirA Murder
Case Commenced.
County Attorney Graham the
First to Speak.
He REVIEWS THE CASE
Places Great Stress Upon Bruis-
es on Body.
Inference Given That Murder
Was Premeditated.

OskaIoosa, Nov. 1S.-There was a
large crowd in the court room at the
resumption of the Klusmire case this
| morning there being a number of la
dies present although slight rain was
falling. John, Carrie and May Klus-
mire, the three eldest children of the
| defendant were present, and they with
the prisoner were very quiet The pris-
oner presented a very we'll kept ap-
pearance, and listened intently to the
Instructions of the judge to the jury,
and later to what was said by Attorney
Graham who made the opening speech
for the state.
After going over carefully some of the
facts which were definitely known, Mr..
Graham called the attention of the jury
to one of the instructions by the court
concerning circumstantial evidence. He
said that almost all the evidence in TINS
case was purely circumstantial; that It
was fact that in nearly all the great
cases of murder the evidence was such,
because people planning such things
sought to cover all with darkness and
secrecy; that very rarely was there wit
ness to be obtained who had seen the
fatal blow given, but that in the eyes
of the law circumstant8a1 evidence.
when it could be received as true, is
given the same weight as direct evil
dence.
of the home life and things occurring
at the time of the murder. Mr.. Graham
described very vividly the bruises on
the head and chest of Mrs. Klusmire.
laying particular stress the fact that
Drs. Germane and Tucker stated posi-
lively that these bruises had been in
f1icted during the life of the deceased.
Speaking of the testimony of the de-
PENDANT in his own behalf, Mr.. Graham
said:
There is no doubt in any of your
minds / am sure, gentlemen, that the
defendant was the last person to see
Katherine Klusmire alive; neither IS
there any doubt in any of your
minds and here an impressive pause,
that he was the first one to see her
dead
Mr.. Graham made a strong plea for
the careful consideration of the testi-
mony of Messrs. Dannaka and Ingalls,,
who said that previous to May II, the
day of the murder, the defendant had
told them that his wife was going to
Texas These were the only witnesses
for the state who testified to anything
previous to the murder, and the defense
made a strong effort to impeach their
testimony.
The fact that Carrie had accused her
father of putting her mother away just
before his departure for Texas was
strongly emphasized, also the failure Of
the defendant to account to different
ones who had questioned him, for the
bruises upon his wifeS body anything
concerning the falling from the hay
NOW.
But" said the attorney very impress
sively, those bruises had to be caused
before DEATH"
He brought carefully to the attention
of the jury the fact that none of the
men on the coroner's jury nor any of
the neighbors who saw the body, testi-
fed that there were marks upon the
neck.
Court adjourned at noon, and resum-
ed its session at 1:30, after which Mr..
Graham resumed his speech and was
followed by Attorney Casebier for the
defense