The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-10-08
May FREE J. C. KAY
Topeka Wife Murderer in Line
for Parole.
Governor Urged to Extend
Executive CIemency.
HUSBAND USED A FLATIRON
Sentenced to % Years When
He Pleaded Guilty.
Insanity Urged as an Excuse
for the Crime.

| Governor Hodges was today request
ed to extend executive clemency to
James c. Kay, who went to the state
penitentiary from Shawnee county in
| September, 1902, for the murder of his
wife. Kay killed his wife with a fiat
| iron, pleaded guilty and was sentenced
| to q years in prison.
The Kay murder was one of the most
| sensational killings in Shawnee county
in recent years and attracted much 10
| cal attention at the time. For more
| than IL years Kay has done time for
| the murder and has been an exemplary
prisoner Now his friends are urg-
| ing that the governor grant him a pa
role pardon.
| 1t is stated that a number of infiu-
| entail Topeka citizens have agreed to
work for a parole for Kay because
they believe that he was not RESPONSE
| BILE for actions on the night of the
murder and that to grant him parole
a this time would serve the ends of
justice and mercy. D. o. Crane, a well
known Topeka man, has written to
Governor Hodges urging a parole for
| Kay and the Crane application, to-
gether with similar documents from
other Topekans, will be presented to
, the governor and to the state board of
correction at an early date.
Was Kay Insane?
The story of the murder of Mrs. Kay
is told by Crane in his letter to the
governor. Crane also offers some in
formation which was not made public
at the time of the killing and which
Kay has secretly carried in his breast
until this time, although the man en-
tered plea of guilty to the murder
and accepted 81 year prison term
without q murmur.
On the night of the murder Kay
and his wife had returned to their
home about IL o'clock after attending
a lodge meeting
to the murder Kay had exhibited signs
of jealousy toward his wife, Cranes
letter claims, and after attending the
lodge meeting the husband and wife
quarreled about the frequent visits of
a man to the Kay home. Mrs. Kay
insisted that the visits were perfectly
proper, but told her husband that she
had consulted a lawyer and had pre-
pared petition for divorce. Kay
begged his wife not to bring the suit.
But the wife refused to be recon
ciled.
Husband Used EYatiron.
In Kay's mind the wife's determine
ton to bring suit for divorce was IL
of unfaithfulness- So, when the wife
refused to drop her suit, Kay sudden
ly picked up flatiron and hit his
wife on the head. Instantly Kay
seemed to realize the enormity of his
crime and in his remorSe and sorrow
tried to nurse his wife back to life
But in a very few minutes Mrs. Kay
was dead.
Wild with grief and anguish. Kay
tried to hang himself in the room in
which he had committed the murder
But he was unable to find a place in
the house where he could successful
ly accomplish his purpose. Then the
man ran to bridge which spanned a
Kay tied one end of a rope to the
bridge timbers and the other end of
the rope to his neck. Then Kay
jumped from the bridge. But the light
rope broke and the wife slayer fell.
Still the man was determined in his
plan to end his own life and went to
the Crosby Mills, where he had been
employed. At the mills the man found
heavy rope and hanged himself
near the mill building. A group of
mill employees found the man and he
was taken to a hospital, where he re-
gained consciousness.
Pleaded Emotional Insanity.
= Kay never denied the murder of his
wife. But he refused to discuss the
details leading up to the killing. On
advice of his attorneys, he entered a
plea of guilty to second degree muir |
der when arraigned in the Shawnee |
county district court September 8, |
1902. He accepted the sentence of 81 |
years at hard labor without a murmur |
or a protest.
Often since Kay went to the penf- |
tertiary, there have been requests !
for a parole but the first united eff |
forts of the mans friends to secure |
clemency is being made at this time. |
Several times under the Stubs adj |
the matter was presented, |
but no action was taken. Now d. o. /
Crane and other friends and acquaint- |
ances of Kay expect to push the case.
Two children, son and daughter, |
are said to be living in Topeka. Not
since Kay went to prison, it is said,
have the children seen their father.
The girl has been adopted in private
home, and the son is living with
ri