The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-02-08

physicians announced that late this af-
ternoon he might take some soft food
Kay has been visited by his lawyer
and his parents. His mother visited
him yesterday afternoon and his father
saw him this morning. Kay has main
tanned an almost stolid silence ever
since he regained consciousness but dur
ing the interview with his father this
morning he broke down and Wept. He
made no confession nor excuses to
either his parents or his lawyers but
talked with them in q general way. He
refuses to see anyone except his rela-
tives and his attorney and they have
ell warned him to make no statements
to anyone and upon their request the
jail authorities have refused to allow
him any visitors.
The wife murderer slept fairly well
last night but groaned and tossed all
during the night. He did not talk in
his sleep. His nurse, one of the prls-
oners in the room with him, changed
his position in bed several times. Kay
seemed to be too weak to move. His
body is bruised from the effects of the
10 foot fall to the frozen ground when
he was cut down.
Jailer Carl Lawson said this morning:
kay has talked to no one since yester-
day. He pays no attention to the prlS-
oners in the cell with him. He asked
this morning for paper and the pris-
Oners gave him copy of Fridays State
Journal which he read. He made no
comments on the account OF the muir
der. yesterday AFTERNOON ne SalQ 10 ME
that he killed his wife with a fiatiron-
He was asked if his wife was killed with
a hatchet He said No, with 1atiron-'
Then he said, I killed her with a flat
iron' He has said nothing else about
the tragedy
No warrant has as yet been issued.
Kay is kept at the county Jail on the
charge of murder but no charge has
been made against him by County Al
torney Nichols 1t is probable that by
Monday a warrant will be issued In the
CITY court for his formal arrest on the
charge of murder in the first degree
Kay's preliminary trial Will not be set
for hearing until he is able to attend
court.
The charge that will be placed against
Kay will be murder in the first degree
1t is doubtful If the state can MAINTAIN nam -l
that charge but the prosecution Will ex.
pect to convict him on the charge OF
murder in the second degree. As there
was evidence of a struggle and as the
evidence before the corOner'S jury was
to the effect that Kay and his wife had
not had any trouble during the evening
lust before the murder, that II was not
premeditated and that the Killing oc-
Cured during the heat of passion and
that he struck her and killed her in that
way.
IT will no difference whether Kay is
convicted of murder in the first or sec
ond degree. Murder in the first degree
would call for sentence to hang ana
murder in the second degree might
mean imprisonment for life. in the dis
erection of the judge. The defense VIII
undoubtedly make strong tight Tor ms
acn1ittal or in any event to secure
conviction upon q degree of manslaugh-
ter.
Chief of Police Donovan said this
morning: kay made no confession and
no statements relative to the muruer
while he was in charge of the police
1 have heard nothing more that viii
throw any light on the crime. nave
Il ma Il
feel certain that jealousy was the
cause"
Kay's only remark regarding his con-
dition was, IT wish had died The
iafI authorities are taking every pre-
caution to prevent a successful attempt
of Kay's to take his own life.