The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-11-18
Beers Case Rests After Att0r-
ney Argument.
Those Who Followed Case Ex-
pect Acquittal.
/ THE JUDGES Instructions
If Preacher Pushed Teeth Down
Wife'S Throat
Then, and Only In That Case,
Can Be Found Guilty.

An acquittal in the Beers murder
case is expected by various courthouse
officials who have been following the
trial in the district court. If the case
results in a second hung jury, the
Judge will dismiss it. 1t goes to the
hands of the jury today. Seven far
mers, one retired farmer, a laborer.
truck gardener, and two Topeka bust
ness men will decide whether or not
Wilbur F. Beers is guilty of pressing
his wife's false teeth down her throat.
thereby strangling and killing her.
The defense, represented by Otis
Hungate and j. J. Schenck. is alleg-
ing justifiable homicide Judge Geo.
H. Whitcomb, in his Instructions to
the jury, declared Mr.. Beers could be
found guilty on one of four charges.
John Switzer opened the argument for
the state. Otis Hungate followed. Mr..
Schenck will conclude the arguments
for the defense, and County Attorney
Atchison for the prosecution.
From nine until five yesterday, with
a recess at noon, Mr.. Beers was on the
stand. He told to a crowded court
room the story of his life and the
history of the tragedy at the Hotel
Glenwood.
Interest in the case does not dimin-
ish. Today the court is filled. The
woman with her embroidery is still
there. So is the woman with the
baby. Various attorneys and law
students pass in and out. All the
seats are taken.
Any One of Four Degrees.
Mr.. Beers, according to the courts
instructions, may be convicted of muir
der in the first degree-with malice
aforethought; of murder in the sec
ond degree unprecedented; of
mansla lighter in the first degree
committed while the defendant is
undergoing assault; of manslaughter
in the fourth degree-committed in
the heat of passion.
The forty-two instructions which
Judge Whitcomb read to the jury this
morning followed closely the 1nstruc.
lions given at the first trial. One
paragraph was added. The prosecu-
ton called the attention of the jury
to the fact that Mr.. Beers, though as
saulted, did not call for aid.
Judges Instructions.
SHOULD you fnd," said the judge.
Through the evidence, that the de-
PENDANT delayed in calling for help,
though he saw that help was needed,
and by reason thereof. the SAID Laura
BEERS lost her life, you would not be
warranted in finding the oe!enoaht
guilty by reason of such negligence.
He can only be found guilty IN the
that is, by pressing her false teeth
down her throat, thereby strangling
and killing her."
John F. Switzer, who opened the
arguments for the state. pointed ORA
matically to the set of false teeth ~
ing on the court stenograpner taole
He raised his hand impressively and
declared:
John Switzer, Orator.
"Gentlemen of the jury. it would
take me a week to swallow those
teeth. In my opinion it couldn't be
done. Nothing could have lodged
those teeth in her throat except MT.
Beers fingers which-he adm1ts-ac-
cidentally got into her mouth. How
ever innocent Mr.. Beers may be OF
murder, he is guilty Of pushing those
false teeth down the throat of his
wife. 1 don't believe he murdered his
wife premeditatedly, but the laws OF
the state of Kansas declare he is
guilty of granddaughter. On that
charge you will be asked to convict
him.
Mr.. Hungate, the courts instruc-
lions in his hand, faced the jury.
I'm common with every one who
has listened to this trial." he began.
"you are convinced that this Is a most
unusual a most extraordinary case.
1t is unusual in all its aspects; un-
usual In the fact that the deIenOant
is charged with the murder of his
wife; unusual because he is a minis
ter of the gospel: unusual in the mo-
Z tive for killing as claimed by the
state; unusual in it's relation to relf-
gious beliefs; unusual in the fact that
the state admits that the defendant is
a man Of unblemished reputation; un-
usual in the fact of the means
charged that the defendant took the
life Of his wife,
. Mr.. Hungate bounced with JOY upon
the fact that Mr.. Switzer asked for
conviction upon the charge of man
slaughter.
Great Lord, gentlemen! We talk
about the law being Illuminating. Mr..
Switzer asks a verdict of manslaushter.
First or fourth? He doesn't know. II
it's difficult for a skilled attorney to
distinguish. it's going to be mighty
hard for you!
I'VE don't claim that Mr.. Beers
killed his wife in self defense" con-
tinued the attorney, I'VE do contend.
however, that she was engaged in an
unlawful assault upon him. In his
twenty-fourth instruction. the court
declares homicide is excusable when
committed by accident or through mis-