The Kiser Trial Continues....

      Stahl was beginning to drive home his point of Mrs. Boston’s mental instability. Prosecutor Mead couldn’t let his star witness be nullified without a fight. And fight they did. The opposing lawyers seemed to be close to blows on several occasions throughout the trial.  At one point, the opposing attorney’s were beginning to lose patience with each other, and it wasn’t long until things came to a head. While Mrs. Boston was on the witness stand, Stahl asked if it was true that on December 16, while being interviewed by Prosecutor Mead, she was experiencing one of her “spells,” and she was tied to her bed. Mead took exception to the question and strongly stated it wasn’t true. Attorney Stahl snapped back, stating he could prove it was true, and Mrs. Boston’s daughter, Helen, would testify to the fact. Mead shot back stating that if she did she was a liar and would perjure herself. Stahl quickly responded that he would believe Mead a liar before he would believe it of Helen Boston. This prolonged outburst caused cooler heads to prevail. Judge Garver calmed the men down with this level-headed statement, “if counsel on either side has been doing anything improper there is a remedy and a proper course to pursue.” With Judge Garver’s sobering remark the two men once again settled down to business.

     Day two of the trial was another packed house in the courtroom. Mrs. Boston was still on the stand telling all she claimed to know of the circumstances surrounding Mrs. Kiser’s death.

     Mrs. Boston was prepared with new statements that would add plenty of fuel to the fire of the prosecution. She claimed that Kiser had presented her with jewelry on several occasions. She also claimed that plans were discussed for Josh Kiser and herself to live in the Buchanan street home after their marriage. Boston further stated that when Kiser heard authorities were planning to exhume his wife’s body, Kiser told her that he was very concerned that poison would be found in her system.

     While Mrs. Boston is testifying that she and Josh Kiser were spending time together, insinuating an affair of sorts, she would now testify that she was also friendly with Mrs. Kiser. Did Mrs. Boston consider herself a wolf in sheep’s clothing? Or, was she delusional and living in a fantasy world? Attorney Stahl, of the defense,  was sure of the latter, and he was determined to prove it.

Sixth Installment of The Kiser Trial Serial

     Attorney Stahl’s opening statement for the defense was very brief and to the point: “To the indictment we enter a plea of not guilty and we now say to you that Mr. Kiser is not guilty of any offense charged in the indictment.”

     The prosecution called as their first witness, Mrs. Louise Boston. Mrs. Boston was the alleged “other woman” who supposedly was having an affair of some sort with Josh Kiser. She had been the cause of the bulk of the rumors that led to the arrest of Kiser. The State was building their case around the testimony of Mrs. Boston, and intended to prove that their relationship is what led to the murder of Mrs. Kiser.

     Mrs. Boston began her testimony stating that she was at the Kiser home on the evening before Mrs. Kiser’s death, and she was also there at around 4:00 a.m. on November 17 when Mrs. Kiser died. The courtroom fell dead silent when she began telling of conversations between herself and Josh Kiser, which occurred after Mrs. Kiser’s death. She told of several conversations in which the two discussed the rumors flying around Fremont that Kiser had killed his wife. She testified that on several occasions she questioned him as to how his wife died. According to Boston’s testimony he always replied that Mrs. Kiser died of ptomaine poisoning. Boston continued her testimony and stated that in early March of 1916, in a conversation at her house, the subject of Mrs. Kiser’s death came up again. This time Josh Kiser responded that, in fact, he did kill his wife using a corrosive sublimate poison, which he purchased at the Thomas and Grund drug store. Mrs. Boston’s damaging testimony continued. She claimed that about a week after Mrs. Kiser’s death, Josh Kiser had promised to marry her and provide a home for her and her children. Mrs. Boston also claimed that Kiser had given money for a divorce from her husband, John Boston. Boston continued that she and Kiser spent time together before her divorce and, after she filed for divorce, she stayed at the Kiser home for a few days. Prosecutor Mead seemed to making a strong case with his star witness. The prosecution gave way to cross-examination of Mrs. Boston after she was on the stand for over four hours.

     Attorney Stahl began his questioning by asking Mrs. Boston if she had a brother who committed suicide. The prosecution vehemently objected to this question, and the jury was excused while the matter was discussed. Stahl claimed he was trying to lay a foundation for the defense that Mrs. Boston was insane. The prosecution argued that her brother’s suicide had no bearing on the case. Judge J.T. Garver sustained the objection, and this served to fuel much arguing back and forth between the prosecution and the defense.  In further cross-examination it was learned that Mrs. Boston would tear her clothes, and pull out her hair if she did not take nerve pills. She also divulged that on at least three separate occasions she had attempted suicide. Attorney Stahl’s line of questioning seemed to be getting the intended results.