The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-02-05
CRUCER'S BLOOD.
1t is on Ex-POliceman Gaines
Hands.
Can He Justify His Death Deal
ing Shot?
WITNESSES DECLARE
That Gaines Was Pounding Mrs.
Cruger's Mother
With a Piece of Hose When Mr..
Cruger Interfered.
THE TESTIMONY SHOWS
That Cruger Was Not Resisting
When He Was Shot.

The district court room was filed to-
day by those anxious TO hear the trial OF
ex-Poiiceman Gaines for murder.
The defense has brought forward a fine
point to overbalance the argument that
Gaines was a trespasser because he had
no warrant. Tom Robbins was putting
he stolen wagon tongue over which the
claim, in the plain sight of the officer
when he arrived.
They say that appropriating stolen
property to ones use is crime. As Tom
Robbins was doing this in sight of
Gaines he had right to take him with =
out warrant
The witnesses for the state are ex- Cor
oner F. W. Bailey, Dr. ]. B. Hibben,
Mrs. Maggie Cru ger, Cynthia Robbins,
Lille Robbins, Caroline Henthorn, Tom
Robbins, Robert Hitchcock, Jack Neal.
Sarah A. Garland. Mrs. E B. Akeroyd,
Mrs E. L. Kinade, Jesse Smith, Mrs.
Silvernail, Anna Silvernail. II. S. Bates,
Mrs. Miller, Mrs. Christopher. Mrs Diff,
Mrs. Carter Roe and Miss Inis Kincaid.
There are twenty-oue of them but it is
not likely that they will all be called.
When the def ense begins it's presenta-
tion of testimony Gaines will proba bly,
be the first on the stand on his own be-
half Following him will come Ollie
Smith, Scott Carr, Henry Schriber, p. L.
WondeIly, Delaney Wilkerson, Policeman
Art Wellman, l.. Rocker, = Fry, and
perhaps Mrs. Delaney Wilkerson.
Yesterday afternoon jury was Sc
cured after seven challenges by the de-
nd hIyr fats Il afo
waived its other five rights of challenge
and the jury was sworn.
The jury is made up of F. a. Schone,
Albert Griffith, j. II. Howes. ]. T. Frank
lin, j. 81. Bowers, C. A Lamb, C. 81. Z.r-
kle, G. W. Berry, J. D. Harvey, c. D.
Bush, James Stevenson, A. E. jackson.
The state first put upon the stand Mrs.
Cruger, the wife of the man killed by
Gaines. She took her two little children
to the witness stand with her.
Q-Were you at the homo of your
mother, Mrs Robbins at 1913 North Har-
rison, street on August 26 last.
A-Yes; l went there after dinner to
help them pack up as they were going
TO move Mr. Cruger and Mrs. Hen
thorn were also there to help.
Odd you see Gaines on that day?
A-Yes, we saw him coming up
the street. My husband said, Il wonder
what that Ingalls, wants. and we went
out the back door into the yard.
Q-What did you see?
Al saw Gaines coming from the back
of the lot with my brothar Tom (Tom
Robbins). Mother was out cutting corn
for the COW. She went up to Gaines
and said, what have you got my boy,
for? Where's your warrant? He re-
piled, Go to - with your warrant
Q-What then?
A-She pushed him back with one
hand. She had short piece of rubber
hose in her hand and Gaines jerGed it
away from her and began hitting her over
the head aid back with it,
Q-How many times did he strike
her?
Al know he hit her at least three
times.
Q-What did you do?
Al picked up a stick and ran to
where they were. Gaines struck at me
with the hose.
Q-Were you going to hit him with the
stick?
Al expect 1 would if he hadn't struck
me with the hose.
Q-Why were you going to strike him?
A-To make him quit beating mother.
Q-Simply to defend your mother.
What then did you see?
AIR. Cruger started toward Gaines.
Bid he have wagon spoke?
A-No.
Q-What made him do this?
A-Because 1 was yelling, Don't strike
mother, don't strike mother and Gaines
wouldn't stop.
Q-What did your husband do?
Ale came down to where we all
were. l didn't see him strike Gaines,
but did see him start to run and Gaines
after him. He followed him from the
spring wagon where we were standing
until MIR. Cruger got to the corner of the
house He was looking back to see if
Gaines was following him, l suppose,
when be shot him.
Q-How far apart were they?
A-Not less than 10 feet.
Odd your husband fall immedi-
ately?
A-Yes, he fell right down and l ran
to him. Irving (the child) came up and
said ''Get up, papa" He was alive, but
unconscious.
Odd you see any other officers?
A-De Wilkerson and Art Wellman
came around there and Wellman said,
whats the matter here? What's all
this racket about?" 1 replied, sob,
they've killed my dear husband" Art
Wellman said. "It's good enough for
him. He ought to have been killed The
whole family ought TO nave been killed -
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