The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-20
of him. that he was beaten in DEM

ocratic landslide
Schenck then ridicule6 the theory
that Lillard had written out the testi-
mony of Staley and Black in Ohio to
present to the Shawnee county COM
missioners for the purpose of seeing
if the county board would pay for the
evidence.
1t was written out and brought here
and then the county board decided it
would be worth $40 day and board,
and washing, and patching" Schenck
said, Ito bring those witnesses here.
They bid for the testimony, and Sta
ley was mighty glad to come and get
his money
Talking of the assistance Mrs. Beers
had rendered her husband Schenck
said she had done all she cudld to help
him in his religious work. He said she
went into his work with all her might
became active in the Ladies' Aid soci-
eties, the Epworth League led in
prayer at the churches, and otherwise
did everything she could to assist him.
They had to bring that fat priest
from Ohio to tell you how he told Beers
his wife had complained about being
dragged around by the hair, and choked,
beaten, and kicked by her husband. Do
you believe that when in a little town
like New Washington the defendants
neighbors say they never knew of any
trouble? Don't you suppose they would
have known something about it, at least
the people who lived on the next lot,
whose dispositions have been read here.
If 1t were true%'
Schenck called attention to the in
struction of the court referring to the
evidence showing a good character. The
instruction concludes with the warning
that the fact that the defendant has
proved a good character is a recon-
mendation that he told the truth when
he appeared on the stand in his own
behalf.
"That is one time when a man may
be glad of what his former neighbors
have thought of him. Schenck said.
when he Is in trouble the opinion of
his neighbors and friends mean much.
We have had dispositions here from
IA people in Ohio who knew him well,
and spoke of him only in the highest
terms. Then we had seventeen people
from Wakarusa, your neighbors and
friends of Mr.. Beers, who have told you
of the life he lived there"
Some time tonight there may be
verdict in the Beers case. 1t may not
require long to reach a verdict, but on
account of the vast amount of evil
dence introduced in the case it is be-
lieved likely that it will require some
time at least to go over all OF It, Ana
then, those who have been watching
the case impasSionately, expect one
of three things. There is the inevita-
BILE chance that the jury may not
agree. But if it does agree there are
but two chances, 1t is believed. Inc
verdict may either be one of guilty of
manslaughter in the fourth degree, or
one of acquitta1. Friends of the min
lister feel sure he will be acquitted,
and there seems to be a good chance
that he will be. On the other hand,
inasmuch as the minister admitted
that he placed his fingers in his wife's
mouth just before the tragedy, al
though declaring he did so uninten-
tionally, the .tculpable negligence"
definition in the Kansas law NAV be
taken to mean that he is guilty of
manslaughter.
1t is interesting to note that ap-
proximately. quarter of a million
words of testimony was taken in the
case An estimate of the number of
pages used by Stenographer c. D.
Wellman puts the total number of
words at about 250,00O. Some of it,
of course, was unimportant. But
much of it bore directly on the case,
and may have to be reviewed by the
jury before a verdict is reached.
SchencI<'s Startling Theory.
Attorney Schenck for the defense.
bid fair to talk most of the afternoon.
His most startling statement after din
ner was to the effect that DR.. Ernest,
not the preacher, pushed the false
teeth through the walls of pharynx
where they were found in the coroner
inquest on the remains of Mrs. Beers.
Schenck argued that the doctor must
have pushed the teeth through the
walls of the pharynx while trying to
extract them from their lodging in
the throat.