The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-09-14
w. B. Dorwo0d Takes RespOn-
sibility for L.H.PerkinS' Death.
to Keep Appointment to
Inspect the Roof.
PERKINS WENT ALONE
Left Pencil Marks on Defective
Tile to Be Repaired.
Letters Concerning Poison In
vestigatiOns in Evidence.

Perkins being on the roof" said w.
B. Dorwood. a stone mason of Law
renee, in the hearing upon the appli-
cation of the Mutual Life Insurance
| company of New York to exhume the
body of Lucius H. Perkins.
The hearing of the case was re-
sumed again at 10 o'clock this morn
ing in the United States circuit court
after an adjournment lasting over ten
| days to permit the attorneys for the
| Perkins estate to prepare their de-
Tense.
The Insurance company is contesting
the payment of 100000 of insurance
on the life of Perkins on the claim that
| he committed suicide on June 1. 1907,
| and that the fall from the roof of his
new house was not accidental.
Judge Smith Mcpherson. who is pre-
| siding, has thrown wide open the gates
| to the introduction of testimony and
testimony relevant to either the law
| side or equity side of the case is being
permitted. In fact, anything that may
tend to clear up the exact cause of the
death of the former Lawrence attorney
is allowed to be introduced. a large
number of witnesses arrived from
Lawrence. most of them subpoenaed
by the defense. Several of these ar
rived this afternoon. The hearing
may continue over today or it may
dicatiOn exists as to the proba bility of
the outcome of the case whether the
court will issue an order to exhume
the body of LuciuS H. Perkins and de-
termire by an examination of the con-
tents of the stomach whether suicide
was committed by the taking of NOR
phine or not.
Mr.. Perkins telephoned me Friday
at 1920 and asked me if L could go
up to his house at 1 o'clock that he
had something that was bothering him
very much and that he wanted my
advice as to what he should do" con-
tinued w. B. Dorwood, who evidently
feels that he is partially responsible
for Mr.. Perkins being on the roof of
the house on the evening of Saturday.
when 1 got there Mr.. Perkins had
not yet finished his dinner. He did
not telephone to me from his house,
he telephoned from some other place.
don't know where. He did not have
his dinner and was little late. We
then went up on the roof together,
just Mr.. Perkins and me.
I'VE were up there from 1 o'clock in
the afternoon until $3.50. He pointed
out the places to me in the roof where
the sparrows were getting in under
meath the tile and building nests.
There were a lot of them around, on
the roof of the house and around
about, waiting for US to leave. Some
of them had pieces of straw and hay,
carrying it. I could see bits of hay
L
guess they were building nests. Mr..
Perkins said it was worrying him
nearly to death. The sparrows were
running the appearance of the house
and spelling the water for the cistern
and he wanted to have some way to
remedy it. He wanted me to suggest
something. We got together and he
put his plan together with my plan
and we decided that the best way was
to cement up the places in the tile
he me a
tile. He decided that it would be
best to mark all the places that need |
ed fixing and I said to him that to-
morrow evening at o'clock l would |
be there and go on the roof with MIN
to mark these places. I was to meet
him on the roof at o'clock Saturday |
But I found that I couldn't be there |
at that time and telephoned him. |
Saturday is my pay day and L mad
some little delay in paying off one of |
the men and had to wait. Mr. Per-
kins said, Very well. will go on the |
roof and do the work myself It was
about twenty minutes of when l
elephoned and the next thing 1 heard i
was that he had fallen off the roof !
I did not hear anything until I heard |
that he fell.
Have you been on the roof since?"
asked Judge Riggs in examination i
Yes sir I was up there and founo |
three little marks on the roof near the
porwood then volunteered some hear
say testimony that a pencil had been
found on the roof. !
]. S. Dean. one of the attorneys for
the insurance company. than examined
Dorwood and attempted to show that
the witness could have located the
places that needed fixing without re-
sorting to marking them
YOU could see these places from
where you stood?"
Yes, sir.
eff you could see them from Whe ere
YOU stood why was it necessary Tor
YOU to go down to mark those places!
IT didn't know how many places there
were there might have been thousano
Mr. Perkins thought we ought to fnd
out how many of the places neeoeo IN
ing"
"What marks did you find there when
you went up on the roof again Oa
IT found three pencil marks one
and two were right back of the cnlm-
ney and three was about two Teet from
the gutter. The marks were piaGh 49, |
I'll marks about an incn anu M M
ong and were regular hgures' l. anu
He stated that he had not been up
IN the roof since the THURSDAY OF the
week following the DEAN an VI S Elm
axieted or not. The sparrows were stu
building in the roof This was the most
mnortant testimony brought forward
Ii ~ =. the morning session. all of
IL vas devoted to cross-examina-
80, tending to show the reason why
por1,,re should be found on the roof
# the the house at o'clock in the even
ne.
Perkins Inspected the Work.
John T. Constant. a builder and
extractor Lawrence, who was en-
slowed in the construction of the new
perkins residence, was examined by
nudge Barker, one of the attorneys for
he defense. Constants children,
hree of them. are benef1ciaries under
he will left by Perkins to the extent
~ 500 each and some reference was
,a6e m this fact in the testimony .