The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-02-24

JAMES KAY.
As He Appeared Today in the Court Room
with fiat iron, was held in city court
this forenoon, and the defendant was
bound over without bond.
Kay was brought into the court room
at $3.50 by Marshal Josiah Ross. He
sat down in the chair Indicated by his
attorneys, and Attorney McNary read
the charge and the witnesses FOR the
state were sworn.
The first witness called was f. NJ.
Clark, a neighbor who lives at S25C Chest
nut street, about block from the scene
of the tragedy, and who was the first
person to view the dead body of Mrs.
Ellen Kay, the victim He testified that
he had known Kay for two years, and
was for the past few months a fellow
workman at the Crosby mills. He last
saw Kay about o'clock on the evening
of the 9Th. at the MILL and had not seen
him again until he was in the court
room.
When Mr.. Clark came to the story of
the finding of the body he was visibly
agitated, and the horrible sight of the
murdered woman lying on the floor
while the two little children were in the
same room seemed to be vividly re-
called He told how he had been called
to lead the party consisting of John II.
Johns, a mill employe, Policeman Henry
Aye and another man whose name he
did not know, into the house The rea-
son of the visit, which was to notify
Mrs. Kay of her husbands attempt at
suicide, was not admitted as evidence.
John Johns, who assisted in cutting
down the body of Kay from the Ninth
street viaduct where he was hanging,
and twenty minutes later was a mem
beTS of the party who went to the house,
testified very clearly to the circum-
stances, and had evidently paid close
attention to the facts. knowing that he
would be called to testify in the case.
He said there was no evidence of a
struggle, and that he had not noticed
any disarrangement of the furniture.
The cross examination failed to change
the evidence.
Attorneys w E. Atcrison and Joseph
Reed for the defense questioned all the
witnesses about the window curtains, as
to whether they were down or showed
any signs of having been pinned down,
but did not bring out anything to ex-
plain the question. Like Mr. Clark.
Johns testified that he had not seen Kay
after that night until he saw him in
the court room.
Mr.. Johns said in his direct examina-
tion that he had stayed at the house
from the time the murder was discover
ed until $40 when the coroner arrived.
What wounds, if any did you see on
the person of the deceased?" asked At
torney McNary, who conducted the pros
ecution.
Il saw four wounds" answered Johns.
Zone over the left eye, which was pro-
badly two inches long, another on the
right temple, which seemed more like a
bad bruise. the left ear was cut almost
off, and fourth wound in the back of
the head, which could not describe, be-
cause it was covered with blood and
matted hairs"
Did you seee any weapon ?"
Yes, I saw fiatirOn lying a few
inches from her head, and there was
blood on the back part of it
Did you move the iron?
Yes, 1 picked it up, examined it, and
then put it exactly on the spot it had
been before
He said that he had known the de-
fendant about three years, and that ne
had always been considered peaceable.
In speaking of Kay's attempt at suicide.
he said that mill employe named Ed
Beard had cut him down, and closely
described the occurrence.
Carl Lawson, deputy sheriff and jailer.
was the next witness. and he testified
that he had heard Kay make a confes-
sion to DIR. Hogeboom in which he said,
when asked If he had killed his wife
with a hatchet, No. 1 only had fiat
IRON
On cross-examination Lawson would
not admit that Kay acted dreamy, or as
if he was under the influence of some
drug when he made the confession, and
stated that Kay could understand and
answer questions all right when he
Continued on Sixth Paee.l