The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-01-23
STATE RESTS.
Prosecution Closes in Richard
son Murder Case.
Defense Asks That the Case Be
Dismissed.
FOR LACK OF EVIDENCE
Court Thinks There Is Enough
For Jury to Act Upon.
Defendant Shows Signs of
Breaking Down.

Plattsburg, Mo, Jan. 23.-The state
rested its case against Mrs. Addie r.
Richardson at 4:40 o'clock Wednesday
afternoon when c. F. Booher announc-
ed that the prosecution had no further
evidence to offer in support of the
charge that Mrs. Richardson murdered
her husband.
The state reserved its strongest wit
nesses for the last and after they had
testified many expressed the opinion
that Mrs. Richardson would be acquIt-
ted. This belief was strengthened when
Judge Burnes gave his reasons for re
fusing to sustain the demurrer made
by the defense to the states evidence
and take the case out of the hands of
the jury.
The evidence that was relied upon to
support the claim that Mrs. Richard
sons relations with Stewart Fife consti-
tuted a motive for the murder, were
given by three young men who claim
ed to have seen the couple under differ
ent circumstances. This was followed
by the introduction. as exhibits, of
charts of the rooms in the house and
the revolver and cartridges shown dur
ing the day to witnesses
When the demurrer was filed the jury
was taken from the room and Judge
Huston of st. Joseph spoke in support
of it. Judge Huston spoke of the dan
ger of convicting a person on meager
son was, to use his own words, an
innocent woman"
There has been" he said, mo sub
Stantial evidence of guilt in this case.
Motive is only useful when evidence
aside from that shows guilt The teSu-
mony has failed to prove either that
Mrs Richardson fired the shot or aid
ed, or abetted the act. The only eVl-
dence here upon that point is that the
shot was fired from the hall while she
was in the bedroom. Justice requires
something more substantial than that
On the theory that she aided and abet-
ted it must be shown that she assisted
in and agreed to the act Mere pres
ence is not enough. The blackest con-
struction that can be put upon the re-
lations between Mrs. Richardson and
Stewart Fife does not furnish a motive
for the crime. The most substantial
evidence that has been offered along
that line shows that Mrs. Richardson
went forth as a good Samaritan, as
good mother, considerate of her huS-
band and her children to bring him
home abusive and beaStly drunk. 1t is
the duty of the prosecuting attorney to
stand like a. stone wall against the con-
viction of an innocent woman as We'll
as to enforce the law. Mrs. Richardson
has not made single statement that Is
not consistent with the facts. can see
nothing but base suspicion in this case.
We cannot go off into the domain of
fancy to convict this woman The very
most that the evidence tends to prove is
domestic infidelity, but we insist that
it has failed to prove that she has
been any other than perfect lady and
sentIewoman. The state has made no
case and we ask that it be taken out Of
the hands of the jury
IF your honor please" said G. F.
Booher, for the state, Judge Huston is
a learned lawyer, having been both a
criminal and civil judge, and he should
know that there are certain facts in
this case that cannot be done away
with. Richardson was killed in his own
c-J,r 4
contradiction that five minutes elapsed
before the alarm was given of this foul
murders It shows that Miss Nora
Terhune passed the house and heard
screams and it is we'll known that a
woman'S screams can be heard almost
as far as the whistle of an engine. The
witness, Ellis, testified that there was
no outcry until after Mrs. Kerr reached
the house. Richardson's hat and cigar
stub far within the room are facts that
have not yet been answered. Had the
drunken, maudlin talk of Frank Rich
ardSon come true when he was sober,
and did he see that which caused him
to say, Has it come to this? The
statements made by Mrs. Richardson
not have the Importance of evidence
given under oath. If the court takes
this case out of the hands of the jury
I would advise public prosecutors never
to fight a case on circumStantial evil
dence 1t is not my province to say
how much weight shall be given to the
evidence, but what there is should go
to the jury.
Judge Burnes interrupted Mr.. Booher
to say that his mind was made up. He
then said: There is not enough evil
dence regarding the relations between
Fife and Mrs. Richardson to show a
motive for the crime. cannot see any
evidence to show who fired the shot, or
whether any one else than Mrs Rich
ardson was at the house. The case is
shrouded in mystery. cannot con-
Strue the facts so as to determine fully
whether the defendant is innocent or
guilty, if it is in my province to say
what should be done at this time
There is, however, enough evidence to
justify me in allowing this case to go
to the jury. 1t is for the jury to de-
enough evidence to convict. When the
time comes to give this case to the
jury then L may see my way to act
more clearly"
the instructions to the jury will be IA
vorable, he said he would ask for in
structions for a verdict of murder in
the second degree.
IF I can get that" he said after
court Il have strong hopes of getting
the verdict after the examination of the
witnesses to appear yet"
When Bruce Stanton, a young clerk
in the store, was put on the stand the
state objected to Stanton, stating that
Mrs. Richardson had frequently gone to
the store when Richardson was drunk
in order to take him home. The court
sustained it.
I'VE wish to show" said Judge Gull
YER that when Richardson was drunk
he became insanely jealous and abused
his wife, but when he was sober he was
contrite and repudiated his accusations
made while drunk"
1--WE object to that staten ent going
before the jury
The states objection was sustained