The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-11-13

slipped his INST into his fathers hand.
and demanded q drink of water.
Several OF the - witnesses subpoe-
naed by the defense arrived today. Mr..
Beers appeared more cheerful. He
shook hands with his former parishion-
ers at Wakarusa. and strolled about the
room. x
The gallery was opened for the first
time this morning. Almost az many
women as men are In the crowd OF spec
tators. One woman brought her cro-
cheting. A man sat with a baby in
his lap. At the first hearing of the
case women brought their lunch in
order to keep their places.
Many of the details are hashed and
rehashed. The jury occasionally grows
weary and looks wistfully at the clock.
Charles Beers fell PEACEFUL asleep.
Confused States Witness.
The state received a severe jolt this
morning when H. w. Bomgardner, one
of it's witnesses. supplied the defense
with bit Of evidence which caused
J. J. Schenck. Beers attorney. to grin
with cheer.
"On November IS. 1872" said Mr..
Schenck. slowly, didn't you say to
Mrs. George Keizel. wife of the post
master at Wakarusa, This is one of
the saddest misfortunes I ever heard
Of. 1t was purely accidental. I don't
think Beers will ever be held'?''
Incompetent. we object shot out
Mr.. Switzer.
"Overruled," said the court.
Mr.. Bomgardner thought he re-
membered making the statement
This testimony was not introduced at
the first hearing Of the case.
The propositions i'm ana ION" are
playing an important part in the trial.
Did Mr.. Beers place his hand in
or ION" his wife's mouth?
las I remember it. said Mr.. Bonn
gardner, who was coroner at the time
of the tragedy, "Mr. Beers told me he
placed his hand over his wife's mouth
to prevent her screaming, and his fing-
ers got inside her mouth"
Did you ask ar. Beers II he chok-
ed herr"
II don't think I did. He said he
took hold of her throat
Did Mr.. Beers tell you at that time
that she was in the habit of screaming
in self-defense ?"
Mr.. Beers, nervously lingering his
attorneys papers. leaned forward.
ct don't remember" responded the
ex-coroner, by way of anti-climax.
Mr.. Beers settled back.
Read Chief jenkins Evidence.
Phil Wilson, son-in-law of Morris
Jenkins, was sworn in and testified
that the ex-chief of police. now in
Oregon, was unable to appear. His
testimony, which will be read, will
close the evidence for the state.
A new theory was advanced by Mr..
Wilson. He Is of the opinion that Mr..
Beers choked his wife. then pushed
her false teeth down her throat to make
her death appear accidental
The Precedent of the German Woman.
The defense has been making efforts
to prove that Mrs. Beers swallowed the
teeth which now lay on the stenogra-
piers table. Mr.. Hungate produced a
huge medical volume and read of q
German woman who swallowed her
teeth with a mouthful of sauerkraut.
The county attorney has examined his
thoat, and declares it is impossible for
set of teeth to be swallowed without
external force being applied.
James Mcclure, ex-deputy county at
torney, and Lester F'ilson. reporter for
the Daily Capital, took the stand. Mr..
Filson interviewed Mr.. Beers at the
Hotel Glenwood. The clergyman told
of meeting his wife, of her '.pummel-
ing him in q quarrel at the hotel. of
placing his hand over her mouth to
prevent her screaming.
The testimony for the state will be
completed today. Twenty-seven wit
nesses have been subpoenaed for the
defense. The clergyman will take the
stand in his own defense the first of
next week. The court will have re-
cess on Saturday. All evidence, accord
ing to Mr.. Schenck, will be in next
Wednesday.
County Attorney Atchison will not
ask the jury to convict Mr.. Beers for
murder In the first degree, although
that is the charge against him. The
state may request a conviction for
fourth degree ACKNOWLEDGEMENTS
committed in the heat of passion.