The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1920-10-27
Legal Battle Causes HALT IN
Taking of Testimony.
Jaxy Excused Until Points Can
Be Settled.
ROM OVER GUTSHALL KALMG
GRtshaH Killed Four Years
After Woody Murder.
No Witnesses Will Be CaNed
UntA Dispute Is Settled.

the Rufe King case in the district
court of Usage county was held UP
this morning, due to a hot legal battle
between attorneys on both sides, con-
cerning the introduction of testimony
pertaining to the killing of Reuben
Gutshall. which was supposed to have
occurred in 1913. King is charged
with the murder of John Woody in
1909 and attorneys for the defense
contended that the killing of Gutshall,
which occurred four years later did
not have any bearing on the charges
made against King in the Woody case.
The arguments became so hot that the
jury was excused until after the points
under discussion could be settled.
No Testimony Before Tomorrow.
These points are being discussed
this afternoon and 1t is not expected
that the taking of testimony will be
under way befo e tomorrow
The legal battle occurred at 10
CLOCK TINS morning during the tes-
tlmony of Eugene Bourassa of Maple
Hill, who told of the finding of the
| skeleton supposed to have been that OF
Reuben Gutshall. in the rear of Kings
home at Maple HILL At this point
Gus Hungate, attorney for the state
asked if he could identify this skull.
J. j. Schenck. attorney for the de-
Tense. raised an objection, which was
the cause of the battle that led to the
excusing of the jury.
Must Show Motive
The attorneys for the defense con-
tended that evidence of other crimes
cannot be admitted except to show a
motive. intention or general scheme.
Schenck declared that the killing OF
Gutshall in 1913 could not show any OF
these points concerning the killing of
| WOODY IN 1909. He also said that the
| parading of the skeletons was intend
ed to prejudice the jury and that, al
tho instructions might be given by tho
Jburt lqfer to disregard this parade.
u would not have the proper effect
| on the members of the Jury
When the snag was struck Schenck
held that King was being tried on the
| charge of killing Woody and that tes-
timony pertaining to Gutshall should
not bo admitted.
The outsTa anding feature in the case
tuesday afternoon was the testimony
OF DR.. Hubert Sheppard, associate
professor of anatomy OF Kansas unf-
versity. In qualifying before the Jury
| as an expert anatomist he said that he
, had dissected between 200 and ESQ hu-
man bodies
Arranges the skeleton.
Sheppard quickly arranged the
/ bones of the skeleton, supposed to
| have been that of John Woody, in
! their proper locations. He told how
the age of a man at the time of death
4
on the bones of the leg.A BY this pro-
cess he said Woody must have been
| between 19 and FL at the time OF
death.
On cross examination of Sheppard.
Schenck produced a copy of Henry
| Gray's book on anatomy. Sheppard
admitted that this book was accepted
as authority in Kansas schools, but
nevertheless Gray was wrong about a
great many things and that he (Shep-
/ GC ell t,ft
If Gray's method of telling age by the
skull was a good one and the witness
said it was not The skull examina-
tion showed Woody to be about 35
Hair Has Become Lighter.
1t was brought out that Woody dur
\ ing mis- lifetime had black hair Wit
lHesses said hair found on the skeleton
was black at. the time the skeleton was
found in the livery barn. Since that
time the hair has become much
Tighter. Sheppard explained this by
saying that the action of the chemi-
Gals in the manure in the Ilverye barn
in which the skeleton was found would
/ cause it TO become lighter when ex-
posed to the air.
At the time the Woody skeleton
was found one tooth was missing.
sheppard said that from his examina-
ltion he believed that this tooth was
lost about twenty-four months before
dedln. Inc DOneS OF the right ana
left middle fingers of the skeleton ex-
hibited were larger than other fingers.
sheppard declared these variations
often occurred in bones of the human
body. The other bones were found TO
be uniform
| Sheppard was on the stand about
four hours and during much OF this
time was under a most severe cross
examination.
| Finding OF Bones.
Another witness was Fred Baker.
sheriff of Wabaunsee county. who told
about the finding of the skeleton and
7 the inquests that followed. He said
that following the finding OF the first
skeleton and while County Attorney
John Martin of Alma and himself were
talking to King. that King had made
the statement while discussing the
finding Of the skeleton: "HeiI. they
have nothing on me. I brought three
home from the PHILIPPINE Islands"
Baker said King later changed his
statement to skulls instead Of sksle-
tons. Baker will be called to the wit
mess stand again today.
Custodian of Skeletons.
| J. E. Ketterman. undersheriff OF
Wabaunsee county. is the custodian
of the skeletons supposed to be those
Of William Ringer and Reuben Gut
shall. which were also found in the
livery barn King conducted at Maple
Hill These skeletons have not as yet
been introduced in evidence. Attor-
neys for the state say they will be In
ltroduced later, but attorneys for the
defense say they will fight the intro
duction in evidence. of these two skeie-
tons and that they will not be brought
forth If they can prevent II.
Aftho much interest IL shown in the
case by the residents of Lyndon and
vicinity, ii is not attracting large