The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-22


the court that the jury was hung
Attorneys in the case were notified and
the formalities of the discharge of the
jury took little time
The Beers case will be tried at the
April term of court before Judge
Dana.
Additional instructions from the
court, given late this morning. are ex-
pected to result in a verdict this after
noon, according to the statement made
by Foreman c. w. Main of the jury
just after noon today.
I'm another hour, judge, We ought to
be able to reach a verdict" the fore
man said. 1--WE are working over the
last instructions you sent us and are
sure we will be able to agree"
Judge Whitcomb asked them if they
wanted to continue the consideration of
their verdict or go to lunch, and they
accepted a chance to go to lunch, prom
Using to get to business Immediately az
terward. So they were sent to luncn,
and shortly after 1 o'clock were PACK
at work the case.
This morning two questions on which
additional light We're wanted were sent
to Judge Whitcomb. The jury wanted
to know how much force Beers might
use in repelling the attack of his wife
as they lay in bed. and also to what ex-
tent he should have been dihgent IN
summoning assistance for her after he
comb sent back new instructions on
both points. more or less reiterating
former instructions. He warned them
that Beers had right to repel an at
tack but he must not use undue force
or take undue advantages of her after
he had repealed the attack. He also de-
fined due diligence in which the min
lister was responsible for calling for
help.
Court House Rumors.
The rumor was strong around the
court house this morning that the ma
jority of the jurors were standing out
for conviction last night. The de-
Tense today, however, believe the new
only a resume of which
became known, will result in the ac-
quittal of their client. Interest in the
situation became intense when 1T was
learned that a verdict might De eX-
pected this afternoon.
The trial so far has consumed
eleven court days. 1t began two
weeks ago next Monday, two days
being consumed in filling the jury
box Then the evidence consumed
case required two days for their COM |
pletion, the case going to jury Thurs !
day afternoon at $50 o'clock Since |
then the jurors have been wrang1ng |
over the tangled skein of evidence, |
and the law as given to them by the |
court.
History of Case.
The Rev. w. L. Beers, former pas |
tor of the Wakarusa, Linn Creek and /
Berry Creek Methodist churches, was |
accused of killing his wife at the |
Glenwood hotel the afternoon of No |
vember IL last. The killing is charged |
to have been committed by the min
ister forcing his wife's false teeth !
down her throat, strangling her. The
teeth were found at the post mortem
examination imbedded in the tissues
Of the neck, having been forced
the wall of the pharynX until
,nly three of plate of fourteen teeth
in the throat. The rest of
he plate extended in the tissues of
he neck, bullying the skin where it
ended. The preacher is said to have
,alled for a doctor and a policeman
shortly after the struggle with his wife
hat ended in her death, and imme-
lately gave himself up. The trial has
,een one of the most bitterly contest
ID in the history of the county, and
las aroused tremendous interest.
Preacher Alone Today.
The defendant minister alone appear
d at the court house this morning,
lis two daughters and two brothers
rom Ohio who have been here for the
rial having returned home Friday af-
ernoon. Miss Grace Beers, the elder
# the two girls, had to be back in
r of ii school in Marion county, o.
donday morning, and as the others
ecided they could be of no assist
nee further to the minister, and as
he trip is a long one for the young
woman to take alone the others de-
ided to return with her.
Not a Happy Jury.
1t was not a happy jury that went
o bed on the cots provided for them
/ 4
7as considerable grum bling among the
nen who, for 80 hours, had been kept
n much the same manner as prisoners.
n their jury room the jurors are lock- ;
d up like prisoners, their only COM
lunication with the outside world be-
1g through the bailiff. They are taken
o lunch like convicts in charge of
he bailiff, and they go to bed at night
ehind locked doors with the bailih !
lways on hand to see that no one
peaks to them.
Nearly every telephone in the court {
ouse is being kept busy with calls t
rom those interested in the case, ask
lg for information about verdict.
well, isn't there anything you can
III me ~ persist some of the question
rs. And they express their disap- 7
ointment by their tone of voice as :
ell as in words when they are told :
lere is nothing to tell but that the
Try still is out. 7
Ot Such Interest Since Collins Case. i
Not since the John Collins case '
ere there such crowds in attendance $
a Shawnee county trial Even so {
OF since the same case has there
cen so much interest in the outcome. =
has a theory as to why the +
Try remains out, and nearly everyone )
surprised they stayed out SO long. n
ut the theories are as widely at var
nee they could be- One man this s
offered to wager that the p
Try stood eleven to one for acquittal. n
hen somebody offered to take the e
1T he withdrew his offer. Still an
her man was sure one or two only
ere hanging out for acquittal, while
1other theory, that has constantly t.