The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-12-15
SEE A HUNG JURY
Olsen Murder Case Expected to
Result in Retrial.
States Case Weakened by Testi-
mOny of Experts.
DOCTORS ON STAND.
Disagree as to Whether Slayer
Is Insane.
Case Expected to Be Given to
Jury Today.
DOCTORS ON STAND.

| Council Grove, KAN, Dec. ia
hung jury is expected in the Olsen
murder case, although everyone, of
course, admits that, as lawyers say.
There is no telling what a jury will
do" The addresses to the jury are
masterful and the defense is to make
| its one best plea to the jury late this
afternoon, when Captain J. G. Waters
of Topeka will endeavor to persuade
the jurymen that the defense has
proven emotional insanity. The crowd
began lining up at the court house at
noon to hear Waters plea
County Attorney Crowley redeemed
himself with the crowd by his speech
this morning. Tt was masterful-
Scathingly he denounced the young
rancher for the improper proposals to
the young wife and the murder of his
employee.
He Needed Religious Insanity.
"If Mrs. Olsen lost her mind over
religion" he said, cit would have been
well had her child carried a trace of
this insanity. Had he paid more at
tention to religious matters and less to
worrying about money matters and
the pursuit of the almighty dollar he
would not be here on trial for muir
der"
J. NJ. Miller = the morning ad-
dress to the jury for the defense. He
prove emotional anity.
The instructions of Judge A NJ.
King were read to the jury when court
convened today. They favored neither
side.
Defense Makes Strong Plea.
The defense made a better case of
the insanity plea than was expected,
majority of the court attaches think
Prosecutor Crowley fell down on the
cross examination of the defense's ex-
perts, according to the same authority.
/ But his speech this morning made up
for it and he has been restored to the
good graces of the crowd. The crowd
/ Is greater than ever and since the
opening Of the trial has beer
greatest in the history of the county.
The case Will go to the jury late
today.
Testimony of the Experts
Experts called by the defense and
by the state do not agree upon the
condition of Olsen's mind. Son-e of
| them declare he is still insane, others
say he as insane at the time of the
murder, while others declare he never
was and is not now insane Prose-
cutor Crowley raised a point when he
asked some of the experts of the de-
fense If it were not a fact that wo-
men are frequently insane before the
birth of child. but that such insan-
ity passes away and there is not a
trace of it in the child
DR. A Beam of Wilsey, who saw Oh
sen a few minutes after the killing and
bought him to Council Grove, says
there were no signs of insanity at that
time.
Experts on Witness Stand
Mrs Ben Johnson was laced upon
the stand and testified as to the con-
dition of Mrs Olsen prior to- and fol-
lowing the birth of Tony. After this
witness left the stand, all other wit
neses for the Defense except the
physicians Wert dismissed without go
ing upon the stand.
DR.. E. B. Packer, of Usage, was
placed upon the stand to testify as an
expert on the mind A lengthy state
ment was read In which all of the con-
ditions, from the defense standpoint,
were stated. During the reading of this
statement, which not only described
fully the killing scene, but gave great
stress upon the mental condition of
Oisen's mother, Olsen sat with bowed
head. ]. G. Waters, who was conduct
ing the examination. asked the witness,
after reading the statement, what he
thought was the mental condition Of
the man at the time the killing took
place. DR.. Packer replied:
Il think the man was violently insane
during that time. and some time before.
and some time after that time and is
still insane"
He was cross-examined by Prosecut-
ing Attorney Crowley.
Insane. Says DIR. Roby
The next witness was Dr. Henry w.
Roby, Of Topeka, who answered the
same statement put to Dr. Packer, by
saying:
Il think the man was very clearly in
sane"
Prosecuting Attorney c. A. Crowley
conducted the cross-examination of
the two last named witnesses Among
the questions asked were, How much /
viii the defense pay you for this tes- /
ttmony2 Are you in the habit Of tes- /
tifying in such cases2 Were you not 1
in close consultation with the attor-
neys for the defense for several hours? /
When did you first see the statement /
that was read to you?'
Such Insanity Is Frequent.
DR.. w. E. Crawford. of Council Grove /
the same question put to the other 1
physicians in regard TO the mental con-
dition of the defendant said: My opin- |
ion is that it was emotional insanity" /
In cross examination Attorney 9. A. I
Crowley attempted to bring out the 4
fact that insanity during, and preced- /
ing the birth of a child is quite fire. I
quently found in women, and that it T
would not necessarily have to be here {
ditary, nor affect the child born at /
that time.
DR.. w. H. H Smith, of Council Grove, /
was the next witness to testify and in I
answer to the statement said An 4
swering from hypothesis, my opinion is 4
that at that time the man was in
sane"
The last witness placed upon the
stand for the defense was Dr. Uhls. /
superintendent OF the Asylum for the
the same statement as had been put