The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-07
Tears and Sobs Prevent Her
From Giving Testimony.
BAD FOR DEFENDANT.
saIina Murder Case Is attract
ing Great Attention.
For Hours Hen and Women
Crowd the Courtroom.

Salina. Kan, Dec. 1.-THE lawyers in
the Caldwell case became entangled
yesterday IN a legal question over in
Producing the testimony that Mrs. Cald-
well gave at the eoroner's inquest
The state wanted the evidence in
troduced. but the defense. objected on
the grounds that a person was not
required to eliminate themselves
Judge r. r. Rees took the matter
under Amusement and will hand down
his decision later.
Sheriff Meyer. viii be the next wit
ness.
Previous to the question of admit
ting Mrs. CaldWell's evidence Lena,
the 16-year-oId daughter of the de-
PENDANT, was on the stand to testify
for the state.
At the coroners inquest and at the
preliminary trial of Mrs. C'aldwell,
Lena testified that a few days before
her father was killed her mother. said
to her: Lena, your father is killing
me by his treatment
The girl had been separated from
her mother all day When she was
brought to the witness stand her
mother began to weep The child
knew that her testimony was among
the strong points against Mrs. CaId-
well, and when Judge Thompson,
who is assisting the county attorney,
Mr. Burch, asked her regarding the
conversation. she did not answer. Her
eyes filed with tears and she attempt
ed twice to answer the question, but
her attempt ended. in cry that
pierced the court room, and she was
led from the stand sObbing so piteous-
y that most of the women in the court
Wept IN sympathy for her. She was
taken screaming to an adjoining room,
where her sobs could be plainly heard
in the court room.
The Hired Men Testified
The three hired men. John LapIey,
SIlas Hughes and Albert Eidgeway,
VINO were at the Caldwell home the
night Of the murder, zorro borated each
others testimony in the main and their
testimony has built UP a strong case
for the state. Late Tuesday afternoon
DR.. Neptune. county coroner, went on
the stand. He identified the evidence
taken before the corOner's jury, given
by Mrs. Caldwell. In this evidence Mrs.
Caldwell made the statement that she
was sleeping beside her husband the
night he was killed and. that she did
no awaken until she heard him gasp
ins for breath.
Or. Neptune said that h reaolled the
house at 3 o'clock in tie fa6rniHgsa Ia
company with the sheriff The man
was dead and had been dead several
hours before he arrived there. He ex-
amined the body and found that the
skull had been crushed on the left
temple and broken in several places.
The man had been struck no less than
six times on the head. On the pillow
where Mrs. Caldwell said she had
been sleeping were numerous blood
stains and one of them appeared to
be the indenture of where an ak had
been laid upon the pillow. The AK
found in the barn had blood upon it.
The AK was taken to the bed and the
pole of the ak exactly fitted the blood
stain on the pillow.
Serious for Defendant.
The testimony has been serious for
the defendant The crowd has been
immense. BY noon the small court
room was filed to the windows For
hours men. women and children stood
and listened to the testimony. The
state expects to finish its testimony
Thursday.