The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1920-11-10
TO JURY THURSDAY
Attorneys Argue King Case
This Afternoon.
Time Limited to Four Hours
for Each Side.
JUDGE INSTRUCTS THE JURY
State Tries to DiScredit DepOsi.
ti0n by Defense.
Spectators Must Make No Dem.
OnstratiOn in Trial.

Lyndon, Kan. Nov. 0.-Arguments
of attorneys in the King case started
at 1880 o'clock this afternoon. A time
limit of four hours has been set for
each side. This indicated that tho
jury will begin its deliberations in the
case early tomorrow afternoon.
Hungate Opens Argument.
Otis Hungate oponed the argument
for the state. He was followed by
John Martin, county attorney of Wa
baunsee county. The first argument
for the defense was by Sen. c. E. Car
roll of Alma, followed by J. J..
Schenck. A. E. Crane of Topeka will
close for the state tomorrow morning.
Judge Robert c. Heizer read his in
structions to the jury this morning.
The reading required thirty minutes,
after which time a recess was taken
until 1880 o'clock this afternoon.
Judge Heizer instructed the spec
tators that they must be in the court
room not later than 1880 o'clock If
they wished to hear the arguments.
He also declared that they must make
no expression of approval or disap-
proval while the attorneys were talk
ing.
On -Four Counts.
Rufe King is charged with the mur-
The first charge is that of shooting;
second. stabbing with a knife; third,
strangling, and fourth killing in an
unknown manner.
1t is believed that If King is found
guilty the findings will be made on
the third or fourth counts.
Only Two Verdicts.
Under the instructions of the court
the jury can return only one of two
murder in the first de-
gree or complete acquittal
The defense rested its case at 4
clock Tuesday afternoon. Following
this the state put on six witnesses in
rebuttal in an attempt to show that
the reputation for truth and veracity
of John Phipps. a former citizen of
Paxico and from whom a deposition
was introduced by the defense, was
bad. .-t-
In its rebuttal testimony the state
used the following witnesses: Fred
johnson, merchant; DIR. H A.
Schwalm, veterinarian: John Ffnney,
farmer; F. H. Wilt, liveryman; Frank
Guiles, farmer, and Harry Kosson,
carpenter.
They Were DispIeased.
On cross examination of these wit
nesses J. J. Schenck, attorney for the
defense, brought out that each of
them were somewhat displeased be-
of King. Much merriment was caused
when the cross examinations took
place. johnson admitted that he used
to shoot craps, but said he had re-
formed twenty-four years ago. Doc
tor Schwalm said he had not QLit as
yet. johnson admitted that he at one
time had troubled with Phipps over
an account. Guiles admitted that he
had contributed money to the cause
of the trial of King and that he tried
to dissuade Sen. c. e. Carroll from
taking Kings side of the case.
Mrs. King on Stand.
Mrs Rufe King was the last witness
to testify on behalf of the defense. She
proved to be the star witness. Her
testimony followed very closely the
statements made by her husband.
Altho she was subjected to strenuous
cross examination, she did not appear
frustrated at any time.
Mrs. King told of John Woody leav-
ing the King home one morning, the
same as was told by Kings sister, Mrs.
Matte Cooper the day before. She
said that some time after Woody left
Maple Hill, a letter came to King ad-
dressed in Woody's handwriting. The
letter, she said. asked King to sell
Woody's saddle and send the money to
him, as he needed it very badly. She
said that Dawson Woody, the boys
father, refused to let King have the
saddle.
Another Legal Tilt.
At this point in the trial the state
objected to the testimony of Mrs. King
on the ground that a proper founda-
ton had not been laid and it was not
shown that the letter was in King
possession. During the legal battle
between the attorneys the jury was
excused.
When Mrs. King resumed her testi-
mony she said that the first time she
saw Reuben Gutshall was one winter
night when they were living in the
Adams property. just following the
time they left the central office nj
MapIe Hill. Gutshall, she said, came
, to tire King home at night and wanted
King to buy his property. King
offered him $3.50. which he accepted
after some hesitation. She said
Gutshall remained over night and left
the next morning and that was the last
she had ever seen of him.