The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-11-12
TELL THEIR STORY
Klusmire Children Put on the
Witness Stand.
Tell of Their Fathers Sus-
piciOus Action.
HEARD NO QUARREL.
Said That in the Morning
Mother Was Missing.
Father Told Them She Had Left
ON Train.

OskalooSa, Kan, Nov 12,-John Davis
was the first witness called by the state
Monday afternoon in the Klusmire
murder case. and was examined by H.
| B. We1ch, of the firm of Welch &
, Welch, of Topeka, to location of the
| klusmire farm, and conversation held
with defendant May 29 in relation to
| the wife of defendant in which K1uS
| mire said that Mrs. Klusmire had sold
her chickens, receiving $40 for them and
| he guessed it was burning her pocket
| so she had gone to Texas to spend it.
| Later the witness said that Kiusmire
| had told him two days later that he had
received a letter from Mrs. Klusmire
| saying that she had been injured by a
| fall and was not feeling well.
When witness was questioned as to
| the ditch where the body was found
| the defense made an objection but it
| was overruled, and Mr.. Davis continued
| to explain that on Saturday morning,
! he bad assisted in removing brush from
| a ravine in which willow posts had
| upon digging down about three feet be-
! low the level of the ravine, had found
| the body of Mrs. Klusnire.
| When the attorney for the state ask
ed the witness to place in sight of jury
| the clothing found in the grave of Mrs.
| K1usmire, Sidney Hayden Of the de-
fense made a strong objection to it's
| admission which was overruled.
The clothing was then placed in COM
paratively the same position as when it
| was found in the ravine.
When witness was questioned as to
| how the body was found another OBJ
| lection was made by defense, which
| was overrMed. The witness then de-
| scribed how the body lay in the grave
when found.
| Mr. Davis then described the ap-
| pearance of the body and said that a
| bruise was seen across the chest, one
| eye had been cut. and another bruise
| was seen across the nose, but upon be-
| ing specially questioned, stated that he
| had seen no bruises upon the neck.
The witness then testified that he had
| talked with Klusmire while in the jail
| at Topeka and that he denied that he
was guilty of the crime eff which he
| had been accused, saying, tsWhy, John.
I didn't do that; she hanged herself and
| when I went down to the barn in the
morning, the first thing I seen was
Kate hangin' there. / cut her down.
| and put her in the hay and covered her
| up. That night 1 took her on a wheat
| drill out to ravine, where I had dug
| grave and pounded in willow posts to
| keep the dirt from washing"
Davis then said, well, Bill, how
| about the bruises?"
| "'Why. when I cut her down she
| might have hit her head against the
| studding and as L hauled her out on
| the wheat drill I might have bruised
| her up some and when I went to put
| her in the grave she slipped out of my
| hands and fell in. I expect that bruis-
ed her face. -
Attorney Sidney Hayden then con-
Quoted the croSs-examination and queS-
! toned Mr.. Davis as to the home of the
| defendant; then he was asked to state
how the body was clothed when found
in the grave.
Cross examination further revealed
that Mr.. Davis had not noticed any
break on the skin Of the body when
found.
CARRIE KLUSMIRE ON THE STAND
The next witness called by the state
was Miss Carrie Klusmire daughter of
the defendant, and on the witness
stand as well as in the audience of tie
court room, impressed everyone as be-
ing a modest and refined young lady.
She and her sister were both attired in
deep black and their faces show signs
of deep grief and care.
Her testimony in substance was that
on May IL, the family were all at home,
and that while her parents had been
very quiet during the day there
was no open quarrel, but that they were
in the habit of quarreling frequently;
that upon the return of the children
from church that night everything in
the house was as usual and that she
mad neither seen nor heard her father
and mother that night; that her mother
missing next morning and when
her mothers absence, his reply was
that after a quarrel during the night
she had gone to take a o'clock train
at Straight creek station, and that she
did not wish to live with him any more.
On Tuesday Carrie said that her
father had hauled a load of brush away
from the orchard That on that night
she heard some one light the lantern
down stairs and then saw a shadow of
a light between the house and the barn.
As time went on continued question
ing of their father by the children as
to their mothers absence met with very
indefinite responses, but he told them
he had received a letter from her, but
could not remember what postoffice it
was mailed from, and had answered
and destroyed it.
Later he claimed to receive a tele-
gram from his wife saying she was
very i'll, but could not produce the
telegram for the children whereupon
Carrie accused him of having put her
mother away. At supper on the day
it was claimed the telegram was re-
ceived her father was questioned as to
whether he would go to the bedside of
negative was asked again as to
where the place was, but his reply was
very vague.
She denied having ever heard her
was gone as he might have peace
Once.''
She testified that she looked at vari-
Gus times for her mother and that in
passing this ravine had noticed that the
ground there had been dug up by
pitchfork-
She described fully the details of the
search of the children for the body
after the departure of their father.
Attorney Sidney Hayden again con-
Klusmire, and brought out the point
that at various times Mrs. Klusmire