The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-13

The Witness From Ohio.
A bitter fight between attorneys en-
sued this morning when Harry Black,
an attorney of Triton, Ohio, was called
as a witness in the Beers murder case
to testify to a conversation had in his
office in which he, and Mr.. and Mrs
Beers took part. The conversation hao
to do with contract Beers wanted
his wife to sign, the lawyer said, with
reference to their children. The de-
Tense claimed the communication was
privileged and should not be admitted
in court. The state is anxious to get
it before the jury, declaring that the
whole family trouble of the Beers
household was aired during the inter-
view.
The jury was excused while the at
torneys wrangled over the admissi-
bility of the evidence offered. Testi-
mony of the attorney witness was ia
ken to show, in a general way, what
his evidence would be if admitted.
Il finally ordered Beers out of the
Office Black said, but he did not
seem disposed to go without his wife,
Then 1 said to Mrs. Beers, For Gods
sake go. L don't want your husband
here and if he will not go without you,
please go with him.. =
Telling something of the story to the
court Black said that he understood
Mrs. Beers wanted to go to her moth
er in Nebraska. Beers feared, he said,
-CnaI she WOulu not return anu WdHteu
possession of the children. They came
to his office, he declared, for the pur-
pose of having him draw a contract by
which Beers would get possession of
the children as soon as they could
leave their mother.
The court finally ruled that Black
should be allowed to testify.
Blacks Testimony Damaging.
More testimony of damaging char
acter went before the jury that is try
ing the Rev. w. l.. Beers this after
noon when Judge Whitcomb overruled
an objection raised by the defense to
the admissibility of the evidence of
Harry Black, an attorney of Triton, o.,
and allowed him to tell of an inter
view with Mr.. and Mrs Beers on
March IA, 1908.
According to Mr. Black. Beers
cursed the pope of Rome and the
prieMs and nuns of the Catholic
he would never leave the attorneys
office without his wife.
They came to me and wanted me
to draw a contract wherein Mrs. Beers
waived her dover rights, and also
wherein the custody of the child, Paul,
would be with Beers as soon as the
child could leave his mother. Ltold
them I could not draw such a con-
tract, that I did not believe it would
stand in the court" the attorney tes-
titled. Then 1 urged them to make
up their differences and told them the
child was entitled to the dual protec-
ton of mother and father.
Mrs. Beers said she did not believe
it would be possible to make up, as
their differences were church differ
ences, and her husband accused her
of interfering with his work as a min
lister. She was intending to go to Ne
braska, I believe to live with her
mother and Mr.. Beers feared she
might never come. back.
Both Wanted the Baby
Then they left me out of the conversa-
Nebraska, Beers said. You want to
raise the baby to be an idolator. a wor-
shipper of idols Beers grew more and
more angry then. I never knew a Catho-
lie woman who could raise a child he
said. and when 1 would interpose he grew
more angry.
did Mrs. Beers say anything?" asked
Lillcrd
Yes, she kept saying all the time as
she was crying, I must have my baby
Finally Mr.. Beers seem to lose all
control of himself the witness contin-
ued.
Abused Pope and Priests.
He said the pope at Rome was an
merely the masters of the nuns. He said
no Catholic was fit to be fed to the fowls
of the air or the beasts of the field
told him he must go or I would call the
police. Then he said, BY c. I'll not
leave till she goes with me- He said I
was not man enough to put him out the
witness said in answer to a question.
Then turned to Mrs. Beers / said.
Madam, your husband il seems will not
go without you. For Gods sake take
him out of my office"
1t is expected that much of the after
noon will be spent in cross examination
of the attorney. The largest crowd yet
| is listening to the evidence this afternoon,
filling the courtroom to suffocation, crowd
! ing the gallery and every inch of avail
/ able standing room, and even thronging
the stairs outside the court doors for
glimpse at the proceedings within.
DIR. Galloway Promoted.
Washington, March 13.-The nominal