The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-19
Does Not Urge Premeditated
Murder.
But Prefers Manslaughter
Charge Against Beers.
Be TEN YEARS IN PRISON
If Preacher Found Guilty First
Degree.
Day of OratOry on Part of
Attorneys.

1.-THE state never has, and does not
now, believe Mr. Beers took his wife to
the GIenwood hotel in Topeka last
November with the intent of killing
her." was contained in the first re-
marks of Assistant County Attorney
Thomas M. Lillard in his opening argu-
ment in the Beers murder case.
"Inasmuch H. the court has instructed
you that deliberate intent to commit
murder must be shown to prove murder
in the first degree, aid as the state be-
lieves and always has believed that
there was no intent at murder on the
part of Mr.. Beers, We do not ask you
to find him guilty of murder
Mr.. Lillard then declared the state is
asking for a conviction either on a
charge of manslaughter in the first de-
gree, which is punishable by a term of
ten years in the state prison, or of
manslaughter in the fourth degree
punishable either by Imprisonment in
the county Jail or not more than two
years in the penitentiary.
The crowds that have been in at
tendance ever since the trial began,
were on hand again this morning, fill
ing the courtroom to oVerflowing,
seemingly anxious to hear the argu-
ments of attorneys. These arguments
will require the entire day today and
may extend into tomorrow, the court
having decided he will not place time
limit upon the speeches. There will be
three addresses for the state and two
for the defense.
That Beers, angered when his wife
assaulted him as they lay in bed to-
gether the afternoon of the tragedy, in
turn assaulted her, and in so doing
thrust his hand into her mouth, which
the minister has admitted he did, and
al, g L. H.
teeth down her throat, is the theory of
the state upon which a conviction is
asked. To prove this theory Lillard
spent nearly two hours this morning
reviewing the testimony up to the point
of the killing, and calling attention to
the testimony of witnesses to what
Beers said Immediately after the death
of his wife.
The defense is relying upon the le-
gal definition of "eXcusable homi-
cide,' wherein it will be shown that
Beers, through no fault of his own, ac-
cidentally thrust his hand in his wife's
mouth, dislodging her teeth, and that
the spasmodic contraction of the mus
cles of her throat forced the teeth
through the walls of the pharynx, and
into the position in which they were
found, to free their client.
The case has been one of the most
bitterly contested in the history of the
county. A week ago last Monday
which to try the case began. 1t re-
quired two days, and the summoning
of a special panel of talesmen, to fill
the jury box. Then, Wednesday morn
ing week ago, the state began the in
PRODUCTION of evidence in the case.
Five court days were required to COM
plete the evidence, which was finish
ed late yesterday afternoon, and at
morrow will be consumed in hearing
the arguments of attorneys. The case
is expected to go to the jury some
time tomorrow morning.
At the opening of the morning ses-
sion this morning Judge George H.
Whitcomb warned the spectators not
to make any showing of approval or
disapproval at any time during the ar
guments. He asked that order be
maintained through the entire argu-
ments and declared he did not want
to see any demonstrations of any kind,
either for or against the defendant,
during the arguments
THE prosecution never believed, and
does not now believe, that Mr.. Beers
went to the Glenwood hotel with the
idea of killing his wife, Lillard said.
''The information in this case was filed
before Mr.. Atchison became county at
torney, and before I became assistant
county attorney, and we had nothing
to do with it. 1t covers, however, the
crime for which We are asking for con-
viction, that of manslaughter.
I'm the present case it was of course,
impossible for the state to bring any
eyewitnesses to the killing before you.
There was no one in the room at the
time of the tragedy except this de-
fendant and his wife. So the state is
relying upon circumstances that led up
to the death of the woman. and the de-
fendant's own admissions, fastening up
on him the crime of which he is
charged.
THE prosecution also has admitted,
and now admits, that the defendant
bore a good reputation in the COM
munity in which he lived. He was a
Methodist preacher, and it would be
impossible for him to have retained that
position, in the Methodist or any other
church, and not have had a good char
acter.
"But the prosecution believes that
crime has been committed, and in
these arguments will endeaVOr to help
you gentlemen of the jury to arrive at
a verdict in the case
Lillard then went back to the be-
ginning of the trouble between Beers
and his wife and followed their life
from the time of their marriage down
to the day of the tragedy, declaring
that the minister's opposition to the
Catholic church had much to do with
the quarrels between the husband and
wife, and that his intolerance of her
religion caused the separation and
disagreement between them.
He emphasized the testimony of
Harry Black and E. G. Staley of Mar
ion county, Ohio, who were here to
testify and also of Father John P.
Kunert, all of whom Beers contradict
ed in his own examination whenever
treated his wife He declared that
with so many witnesses against one