The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-11-12


veloping that grounds were being laid
to impeach the witness.
DR.. p. L. Jermane of Holton was then
called and was questioned with refer
ence to length of practice and educa-
ton.
Dr. Jermaine assisted in the autopsy
of Mrs. Klusmire's body with DR.. J. c.
Tucker and Dr. A. B. McCandlass.
He described the position of the body
as found, coverings and clothing, and
said that there We're six or seven de-
pressions on the right side of the head
which resembled fractures. The eye was
badly swollen and bruised. The tenn
poral muscles were badly crushed
the tissues around the eye being in the
same condition. The parietal bone was
bruised and on the left side of the head
the muscles and tissues were found to
be normal. A bruise was found on the
left thigh and one also across the chest.
Odd you make a special examina-
ton of the neck to see if there were
bruises there?
Ave did.
Odd you find any?
A.-No, sir.
Further he said that the right eye
was very much bloodshot and discolor-
ed while the left eye was normal in ap-
pearance.
Q.-what was the appearance of the
part of the body not bruised?
A.-The body was in a fair state of
preservation, the skin being white pos
Sibly of a light yelloWish brown.
A further examination was made la
ter at the cemetery and the defense OBJ
jected to the admission of the testi-
mony because the defendant was not
notified of the intended examin ton.
Attorney Crane read extracts from law
books as authority.
The objection was overruled.
Dr. Jermane then described the TAX
ing up of the body at the cemetery in
+ no Of ~. . nv,1o
B. McCandlass the sexton of the ceme-
terry and others.
He said that clots of blood We're
found in various parts of the body; two
ribs fractured; on opening the chest a
clot of blood of about one pint was
found; the lung were found in a col
lapsed condition.
The skull and ribs were then shown
to the jury and the daughters Carrie
and May left the room hastily. The OBJ
lection by the defense to the introduce
ton of the bones was overruled.
Attorney Hayden was allowed to ex-
anime the witness on the ground that
the second examination of the body was
surreptitious. 1t resulted from DIR. Jer-
names statement that it was simply
understood from mem berS of the coun-
sci for the state and the position that
they We're not to talk about this matter
to other people any more than any one
would discuss his private affairs. OBJ
lection to the introduction of the bones
We're repeatedly overuled. When the
bones of the skull We're taken from the
jar containing alcohol the attorneys for
the defense complained bitterly of the
odor and Attorney Morse grew so faint
that at one time he rose to leave the
ROOM At this point one of the jurors
asked DIR. Jermane if the skull bones
were broken at the time the body was
found.
He replied no.
When asked for his opinion as to
the cause of Mrs. Klusmire's death DIR.
Jermane said that he considered 1t
caused by the blows on her head and
chest.
He was questioned as to how long a
person would live after receiving such
injuries and as an expert he was al
lowed by the court to answer that he
would live only a sort time.
He further said that In his opinion
the wounds and bruises found upon the
body had been received during life
The cross examination was conducted
by Attorney Hayden.
1t brought out the point that the de-
pressions in the skull might possibly
have been natural; that the skin on body
was unbroken; that at the first ex-
animation the fractured ribs We're not
discovered; that none of the other
wounds found upon the body at the
first examination could have caused
death. 1t further revealed that the last
examination of the body occurred after
Mrs. Klusmire had been dead a month
and that notes were taken at both ex
aminations and that proper instruments
We're used.
He further asked the doctor as to his
compensation for his services and the
reply was that he had received 800 and
was being compensated at present by
Jackson county. After a short recess
Attorney Hayden again questioned the
doctor as to what was said to him by
the coroner and counsel for the state
about not saying anything about the
second examination
Attorney r. B. WEIGH then asked at
what time the doctor was instructed by
counsel for state that he might tell of
the examina ton, and he replied:
At some time after. but said that the
counsel for the defense never asked him
about it.
Dr. Jermane was excused after fur
Their questioning about technical nature
of the wounds and how they were in
f1icted and DR. A B. McCandlass was
called He is the coroner of Jackson
county and is 70 years old.
When Attorney WEIGH questioned the
witness as to who went with him when
he made the examination of the body
the first tie objection was made by the
defense that the evidence was not the
best and that the coroner's inquest was
not legal as the testimony was not
transcribed nor put on file in the office