Jasper County Democrat, Volume 14, Number 67, Rensselaer, Jasper County, 25 November 1911 — SHOT FOUND IN KEMPER’S SKULL [ARTICLE]

SHOT FOUND IN KEMPER’S SKULL

Witnesses Tell of Discoveries in Field After Finding Body JAW BONES FOUND BROKEN Efforts By Defense to Break Down Testimony of State’s Witnesses Fails In Poole Case —State Will Probably Finish Today. Lafayette, Ind., Nov. 21.—Witnesses for the state today corroborated details of Emory Poole's testimony against his father, John W. Pooie, who is charged with the murder of Joseph Kemper. Incidents of the search for the body believed to be buried on the Poole farm, the finding of the mutilated trunk and the shattered skull, and Poole’s action following his arrest and release previously to the finding of the body, were told by his neighbors. Two interesting exhibits were introduced in evidence by the state. They were 'checks issued by the Swanington Grain Company to John Poole for grain delivered. One was for $lO, the other for $3.97. Both were indorsed by Poole and one bore the signature of Joseph Kemper. Kemper wrot^d¥f?‘ f mi i me so that it was fairly legible and it is the only bit of his handwriting known to be in existence. The state maintains that the $lO check which Kemper cashed according to his signature, represented all that Poole paid him, making the fact of his owing him much more money and being unwilling to pay it a motive for the murder. The defense objected to the checks being introduced in evidence, but the court overruled the objection. The controversy between the counsel for state and defense over the question of the admissibility of a note which Poole wrote to 'his son after his arrest, the note being inclosed in a letter from Poole to his wife, was not settled this afternoon, although the jury was excused while the attorneys argued the matter. The defense contended that the fact that the note did not bear the boy’s name, but was a part of the letter to Mrs. Poole, which she was to convey to her son, made it a confidential communication between husband and, wife and therefore not admissible. Mr. Barce argued that the mere fact that the note was placed in a letter directed to the wife was evidence of its confidential character. The counsel for the state argutfi_that the note was plainly meant for the boy and not for the mother, even if it was inclosed in her letter. The court held the question open to allow the attorneys to look up authorities on the point.

Emory Poole was asked what became of the papers in the pigeonholes of the desk in the dining room op which he saw so many blood spots. He said he saw his sister Grace take the papers out of the desk before the coroner examined the room, and what she did with the papers he did not know.

Lou Rummel, a grain dealer in Swanington, denied that Poole had obtained SBO from company the day Kemper dis appeared. Poole has said he got the money due Kemper from the grain company and paid Kemper all that was due him before Kemper left. Lafayette, Ind.. Nov. 22. With one branch of its case concluded the state ' in" the Poole murder trial proceeded today to take up another line, of evidence and called a number of witnesses from Fowler, who testified as to what was done with the body exhumed on the Poole farm May 2, 1911, after it was taken to Fowler, and who also testified as to the size and weight of the body. The state brought out facts as

to the discovery of human teeth, toes and finger nails, hair and parts of a human body in the hole from which the mutilated corpse was taken. That shot was found in the skull was another new point. The state produced a sealed box containing ghastly relics of the skull, thigh bones and other parts of what the state alleged was the body of Joe Kemper.. The admissibility of the letter which Poole wrote to his son Emory again came up today. Attorney Barce for the defense contended that the letter was a part of a letter addressed to Mrs. Poole and, therefore, a confidential communication and not competent evidence. He said the defense did not know how Emory Poole or the state obtained possession of the letter. “I am reliably informed,” said Attorney Barce, “that the son literally wrung the letter from his mother.” He also said he wanted to question young Poole about the letter. The court then deferred ruling until the evidence could be heard. •

Charles Ferguson of Fowler testified he was on the Poole farm the day the body was exhumed, He said that sixteen shot were found in the skull over the left eye. Budke Walker, deputy prosecutor of Benton county. testified about the screening of the dirt found at the Poole farm and the discoverv j ■ of three human teeth, eighteen pieces of human skull, toe and finger nails and a quantity of brown hair- He also found remains .of hogs and other objects. On cross-examination he said he looked in the grave for shot and found some.

Ben Thurston, sexton of the Fowler cemetery, testified that he saw flattened shot taken from the inside the skull above the left eye. John Knickerbocker, undertaker at testified that v the jaw bone of the skull was broken on both sides. Mrs. Josie Lewis, who worked at the Poole home in Ma_v, 1910, testified that she observed a dark spot on the dining room floor. It looked black, but when she scrubbed the flopr it turned red like blood. Homer Mills of Tfoswell said he worked on the Poole farm lour years ago. He said that in }9lO he asked Poole what became of ‘‘the Dutchman.” Poole told him that Kemper wa* in Michigan working in the timber region. Dr. R. B. Wetherill of Lafayette qualified as ar expert witness. Prosecutor Kimmel opened the sealed box on a table in front of the jury and Dr. Wetherill took out the skull; 'He said the skull had met with a very Severe irtJufy and that the injury could havE been done by a shotgun. He could not tell whether the