The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-03-01
AND STILL 1T GOES ON.
Moore VIII Case Has Reached the
Defense Stage.

The defense in the trial of Mrs. Ellen
Osenberg against the estate of John w.
Moore began their inning today and
placed on the stand Mrs. Rosetta Smith,
sister of Mr.. Moore.
She had come from her home at Toledo,
Ohio. four different times at the sum-
him during his illness when he was taken
While Mrs osenberg testified that she
had nursed Mr.. Moore at the hospitals all
by herself, Mrs. Smith said she had
stayed all day with Mr.. Moore and that
Mrs Osenberg, except for an hour
or SO a day, stayed at home.
Mrs Smith contributed toward the con-
tention of the defense that Moore was not
SO sick as the claimants counsel would
have them believe. She stated that she
was with him at the national encamp-
ment of the G. A. r. at Denver in 1904.
where he spent several weeks, including
a stay at Colorado Springs, and that he
went to Ohio four separate times to see
her.
On cross-examination John ]. schencR
attacked the witness in characteristic
style. The stenographer made an honest
attempt to get the witness answers but
the jury listened to the argument.
What Mr.. Schenck finally got to was
the fact that Mrs. Smith, who had re-
ceived a $1,000 bond and deed to $500
farm near Dover from her brother short
ly before his death, filed claim in pro-
bate court for $50 from the estate as
compensation for her services to him,
She acknowledged the claim as hers
for railroad fare, expenses and leaving
her home. The deed and bond, she said,
were merely presents and not inteded as
compensation n any way.
And YETI said Schenck, after receiv-
ing $1,000 and a 100 acre farm from your
brother, you put in this claim for $50 a
then say that Mrs. Osenberg, who cared
for him and nursed him every day for 10
vars, did not earn a cent?"
This question, of course, was stricken
out upon objection from the defending
counsel but it was argument to the jury,
Mrs Smith admitted that she was al
lowed 800 in the probate court but that
she got only $50 as her attorneys took $40
of it.
This remark led to a friendly quip be-
tween the lawyers concerning attorney $
fees but Mr.. Larimer hung a singer on
it by saying significantly, Sometimes
lawyers get half
The sensational feature of the case TO
date was the disclosure yesterday even
for his mother, had stolen $62 from his
chum on his last appearance in Topeka
and that he had paid $35 to get it hushed
and prevent his arrest.
This STARTER came out when Lee. Osen-
berg was recalled to the stand. The de-
Tense had preferred not to bring it out on
first cross examination. On or about
February 10, 1910 when Osenberg was in
Topeka and his wife had gone to Arizona
to visit, the evidence showed he was out
OIL money. He went to see his chum,
Ernest Rhodes and Rhodes and his moth
er took him to show. Osenberg saw the
lady get the money from huge roll in
bag. He called around again the follow
ing night and when the others had gone
to church. he remained behind to get the
cash. He was accused and interviewed
by a policeman in company with his
chum and his mother. Then he con-
fessed and turned back $S5 on condition
that he would not be prosecuted. He ad-
mitted on the stand he stiT owed Mrs
Rhodes S2S on that account. 1t was the
purpose OF this testimony to discredit the
testimony which Lee Osenberg had given
at the opening of, the trial by showing
that he was unreliable. His main testi
mony had been that he paid his own room
and board a the Moore home. His room,
he said, cost him 81 to s. q month on a
sliding scale which he could not explain
He had given the money to his mother
to pay Mr. Moore. His grocery account,
he said had been kept separate from that
of his mother and Mr.. Moore.