The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-02-23
A1dreD~eL Wzle


assertion before a jury for the first
time in the Kimmel insurance suit to-
day.
White, sitting in the witness chair,
faced Mrs. Estelle Kimmel. whom he
claims as his mother and who repudi-
ated him before jury few days ago.
Mrs. Kimmel gazed keenly at his face
but he did not return the look. Depo-
sitions bearing on the suit were being
read when the claimant entered the
court room.
He Fears the Test.
When his name was called he went
to the witness chair and addressing
Federal Judge Amidon said
Judge. I'm nervous this morning
and hardly in condition to stand this
ordeal"
DO the best you can, said Judge
Amidon, and don't be afraid
The claimant said he would like to
have physician examine him but the
judge said he thought it not necessary.
The claimant gave his name as George
Alfred Kimmel, said he was born in
Niles, Mich, February I. 1867. He
testified he was a brother of Edna
Kimmel Bonslett and son of J.
l1stelle Kimmel- His direct examina-
cross examined
On cross examination he seem eddie
faint rather than nervous His an
swers were sharp and snappy. He
was asked about his deposition which
he gave in Auburn prison in 1908. He
testified he did not remember the date
and that he told the attorneys when
the deposition was taken that he was
not competent to testify. He accused
the attorneys of having put data in
the deposition that he did not say.
Can't Recall Deposition.
He said in reply to questions that
he was not able to recall any part of
the deposition he gave in prison. The
attorneys for the plaintiff continued
reading the deposition and asking the
claimant il he said that He invari-
ably replied that he could not recall
Many statements in the deposition are
opposite to the sworn testimony given
by other witnesses.
TT is unfair to read that deposit
ton before the court, the claimant
said. because it shows me UP in
man who was not mentally strong
All my memory was practically
wreck
Not in His Right Mind.
After reading numerous questions
from the dispositions an attorney for
the plaintiff asked the witness if he
made those replies to questions asked
him. The witness replied:
1T must be mistake
Before ordereing a recess Judge |
Amidon said TO the claimant:
Mr.. Witness. a lot of this may |
seem unnecessary to you but it is most
necessary that we reach solution of
this case"
But. your honor" said the claim !
ant 1T seems foolish to read a depo- |
sition I gave when I was not in my
right mind"
THAT is all right" said the judge. |
at is not foolish to u.s. Do the best
you can.
trial is approaching was
evidenced this morning when Judge
Charles F Amidon told the counsel
that his instructions to the jury would
be exceedingly brief.
He said practically all the law he
would instruct the jury on would be
as to the death Of George A. kimmel, |
whose mysterious disappearance from |
Arkansas City, Kan. in 1898, occasione5 |
the controversy between Kimmel's heirs |
and an insurance company of New |
York finally resulting in the present |
hearing. The jurors will be told to |
return a verdict in favor of the heirs |
If they decide Kimmel is dead, for the I
insurance company if they believe he is |
alive.
The Kimmcl claimants story of an i
attempt to urug. imprisOn and finally /
to murder George A KimmeI because
of his refusal to buy stolen express
bonds in Arkansas City, Kan, in 1895.
was told to the jury in the United
ne Kimmel case. by William p. Lard
ner of Duluth, Mimi, a witness for the
defense.