The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-11-27
GO TO JURY TONIGHT.
Heck Case Has Reached the Argu-
ment Stage.

The trial of the state against Cal
Heck which occupied most of the time
of the district court last week was re-
sumed this morning and the interest
which seems centered in this trial has
not abated in the least. Although the
rain was falling and everything indi-
Gated that the day would be an un-
pleasant one, the court room was
crowded by the time the case was
called. AS in the past many of the
spectators are women and some of
them have babies in their arms. It
was one of the latter who this morning
caused Judge Dana to interrupt Attor-
ney Costigan, and with apologies both
to the attorney and the mother of the
child which was fretting and crying,
asked that the child be taken from the
room.
NJ. F. Laycock,. who was acting as
court stenogFapher in the court Of To-
peka when Heck had his preliminary
trial, was recalled by the defense and
asked to read portions of the evidence
which was wanted for the impeach-
ment Of John Croft. He was permit
ted to read the portion which told of
the manner in which the confession
was obtained from John Croft. which
was but a small part of the transcript
which the defense desired placed be-
fore the jury.
At 1920 the court began reading
the instructions to the jury and finish
ed by d quarter of II. The instructions
are not bulky and are clear and con-
else and the attorneys for the state
and the defendant are greatly pleased
with the instructions as read by the
court. Judge Dana held that owing
to the Importance Of the case that
there would be no time limit as to the
arguments of the attorneys in the case
Capt McNary, assistant prosecut-
ing attorney, made the opening ad-
dress for the state, speaking about an
hour. During the opening speech he
IL Ill IL
ments worn by the victim, kuntz, on
the night that the assault was made,
as well as the blood stained trousers
which were taken from the defendant
at the time of his arrest. The
trousers show a dozen holes which
indicate the locations of the blood
spots which were cut out by Chemist
O'Donnel, who made the examination
for the state. The most gruesome ex-
hibit Of the collection is the blood
stained overcoat which was thrown
over the head of the victim by his as
sailant as he battered on the skull
with a hammer. The state claims that
the oyercoat was thrown over the vic
TINS head and face so that the ham
mer which belonged to the defendant
would not show the effects of the
blood. There are two holes through
the overeoat about four inches apart
where It laid over the temple of MI
Kuntz when he was struck. These
two holes in the coat correspond ex-
actly with the holes on the forehead
of the victim where the skull has been
crushed in and where the depression
is almost an inch in depth.
Attorney Costigan, of Ottawa, began
speaking for the defense at 11:45 and
continued until the court a recess for
the noon hour. His argument so far
indicates that the defense is not rely
ing so much on their attempted anbi
as they are on convincing the jury
that the witnesses for the state are
unreliable. This is particularly notice
able in the case. of the prosecuting
witness in the case, Mr. Kuntz. who it
is charged is not competent to testify
/ because Of the excessive use of drugs
/ At the rate the case is progressing il
/ is likely that the arguments of the at
itorneys will be completed some time
during the afternoon and that the case
will be given TO the jury late in the
! dav