The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-11-20
Ill ~ RG@ - SaS@%
Klusmire Murder Case at Last
Ended.
Only the Verdict of the jury to
Come.
WEIGH SPEAKS TODAY.
Topeka Attorney Closes the Case
For Prosecution.
A, e. Cranes Pathetic Plea EOr
Defendant.
Case Given to the Jury just Be-
fore Noon.

CskaIoosa, Nov. 29.-In all probability
w. H. Klusmire. the wealthy Holton
farmer accused of the murder of ms
wife. will know his fate before he goes
to bed tonight. The final speech in the
case was made by r. B. y elch OF To-
peka who assisted County Attorney
Graham.
Attorney A. E. Crane. of Holton,
Kansas made the first speech for the
defendant Tuesday afternoon Mr.
Crane is a man with remarkable eyes,
very quiet and calm in his manner. and
while his speech was not marked oy
flights of oratory and eloquence, his
salm manner in going over carefully
the facts as brought out in the testl-
mony certainly had great weight with
the jury.
In his introduction he said: Il have
a solemn duty to perform in this case;
/ have given my most careful attention
to this defendant and put the best et-
forts of my life toward clearing TINS
man of the awful charges of which he Is
accused. 1 am aware that in this case
there is a great deal of circumst stantlal
evidence and as we all know, that Is
sometimes very decelving.
Then followed an enumeration of the
circumstances concerning the eXhumlng
of the body the two times. Mr.. Crane
criticised the county attorney, Graham
of Jackson county for the proceeding
upon theories based upon a coroner's
jury the testimony from which never
had been legally transcribed nor put on
file in the office of the county clerk,
saying that he and alone was re-
SpOnsible for the prosecution of this
case and the way it had been carried on
Attorney Crane evidently regards DR..
Tucker as the mainStay of this proSecu-
ton and great deal Of his time was
spent in tearing down his testimony.
His main criticism of the doctor was
that he being paid by the state,
and that he had given careful study to
the case and had come here to uphold
the theory of the state, be it right or
wrong.
Referring to Attorney Schaeffer's re-
quest of the jury to base their con-
what kind of a man the defendant is,
Mr. Crane very earnestly plead with
the jury to do that very thing, saying:
What kind of a man is he? Is he a
man with a long criminal record? Has
he crime after crime in his life for
which he is required TO answer2 If this
were the case, knowing the man, upon
hearing that he was accused of such a
crime as this man has been accused Of
the first thing you would say would be,
We'll, that is what I'd expect of him.
But looking at the defendant-what do
you think he would do? Just the thing
he did do? Secrete the body and hide
everything concerning the deed which
would, as he thought, bring disgrace
upon his family
And how was he found when arrest
ed? Was he going around with a knife
or revolver hidden about his person
like a murderer trying TO conceal a
crime? No. Just an ordinary. peace
able farmer Further, his account of
finding his wife in the barn and the
stories told to Substantiate his reasons
for concealing the body, have been one
and the same. identically, all the way
through That, in my mind gentlemen
of the Jury, has wonderful weight
Later in his speech he referred to the
fact that Drs. Jermane and Tucker said
that there would be a mark upon the
neck If death had been caused by hang
ing. But" asked Attorney Crane.
what kind of cases is their testimony
based upon? Why, cases of official
hangings, where there is an officially
tested rope; knot tied exactly right
by hangman; then, a drop Of six or
seven feet OF course that would give
the neck parcheds burnt appearance
But when an old. worn rope is used and
the body taken down while still warm
would there be mark2 OF course not
Attorney Crane caused a smile to
pass over the faces of everyone in the
court room by a remark made in speak
ing of the falsehoods told by the de-
fendant why, gentlemen of the i,1rv
as far as know, there is only one per
son whom we can quote as never hav-
ing told lie and that is George Wash
fngton, and we all know he left no
descendants
At one place in his speech. when Mr.
Crane was denouncing Mr. Schaeffer
for having in his speech asserted that
the children were apt to forget their
mother in their willingness to clear
their father. he referred to the loss of
his mother 20 years ago and asked of
the jury, DO You suppose can ever
forget her, her loving care OF her beau
tiful teachings? Never In the course
of these tender and pathetic allusions.
Mr. Cranes voice broke entirely and
he wiped his eyes repeatedly
AS a conclusion Mr. Crane made an
Earnest appeal to the jury that their
verdict be rendered in fear of God and
love of truth, justly and INDEPENDENTLY.
that they might go back to their homes
with recollections that will be pleasant
and not regretable in their after wears.
remembering that this defendant has at
stake all that he has, all that he loves
and all that he hopes for: further that
the verdict might consist of the two
grandest words in the English language
10 man who is accused of such
crime as this man is: Not guilty.
Attorney Sidney Hayden, of Holton.
made the next speech for the defense.
Mr. Hayden is a man of imposing an
pearance, having very good voice a
large vocabulary with which to express
his positive convictions His manner
Of speaking emphasizes these convic-
tions very strongly and he shows that
ne has the case clearly in his own mind
and is determined that the Jurors shall
have It also.
Attorney Hayden speaks rapidly Tn
his introduction he said: ssGentlen,en
of the jury, long. serious and import
ant trial is drawing to a close; you all
r@alize probably better than you ever