The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-02-05

Ayes, or one similar.
Odd you subsequently probe this
wound?
Ayes; 1 located the bullet under the
skin on the other side of the head. 1t
had gone through both sides of the skull.
1t ranged backward and upward.
Q-Were there any powder marks?
A-There were not. Dr. Hibben and
I failed TO find any.
Odd you see any marks on Mrs.
Robbins at the inquest?
A-There was discolored place three
or four inches square on the shoulder.
1t was evidently made by blow.
Oh will ask if you gave orders not
to allow the family or friends of Mr..
Cruger TO see him?
Al did not
Mr. Welch cross examined:
Q-Would not bullet ranging as this
one did miss the nerve centers of the
brain?
At would. Death was caused by
hemorrhage of the brain. This would
cause immediate paralysis of the limbs
ana body.
Q-Is it not easier for the skin of an
old person to become discolored from
blow?
Ayes.
Q-Might this discoIoration not have
bean made by something other than
blow?
At had every appearance of being
made by blow.
Dwight it not have been made by q
pinch?
A-Oh, it might. possibly.
DR.. j. B. Hibben's name was not in
dorsed on the information, and therefore
was not competent to testify, but the de-.
Tense insisted on his testifying and the
county attorney consented TO use him.
He located the point of entrance two
inches above the right ear and exit of
the bullet the same as the coroner.
Odd you notice whether there were
any powder marks?
A-No.
The object of asking about the powder
marks is to prove that Cruger was not
close to Gaines when he was shot, but
trying to run out of his way.
Mrs. Cynthia Robbins, the mother of
Mrs. Cruger, has lived in Kansas City
ever since the tragedy. She was the next
witness.
Odd you push Gaines back?
Al did [ asked him where his war
rant was. He said, "Go to h with your
warrant"
Odd you hit him with the hose?
Al expect 1 tried to. He grabbed it
out of my hand and hit me three or four
times, the first time on the right shoulder
know where he hit me after that.
Odd you see Mr.. Cruger strike
Gaines?
Al did not.
Odd you see Gaines fall?
Q-He did not fall.
Odd he drop to his hands or knees?
A-No, sir, he did not
Odd you see Gaines shoot?
A-Yes, he followed Mr.. Cruger to the
n S5 !, =, -.
pocket and shot.
Odd you see Cruger at that time?
A-Yes. lie never moved a step.
Odd Gaines say anything as he
started after Cruger?
Ale said, "You son of gum or
you - - -" l don't know
which. "I'll get you"
Odd you exhibit the places where
you were struck. at the coroner's in
quest?
Al showed the place on my shout
der.
Cross examination by WEIGH:
Q-What did you ask for warrant
for?
Al thought officers always carried
warrants.
Q-Thats the way they'd always done
when they came after the other boys,
was it?
A-That don't make any difference in
this trial.
$50 you picked up this hose to help
you ask for the warrant?
Al thought I'd try to get Tom away
from him.
Q-Where were you when Cruger and
Games started to run?
A-Standing there by both of them.
Q-Where were you when the shot
was fired?
Ask or eight feet may be from
Gaines.
Q-How did you get there?
Al don't know how l got there.
Q-Isn't it a fact thar all this racket
took place right there by the we'll?
A-No, it is not.
Q-Will you explain to the jury how
you can remember everything Gaines
did and can't remember what Crnger
did?
A-Well. had my back to Cruger.
Extracts were read from Mrs. Robbins
testimony before the coroner which dis
agreed with her present evidence. She
said if she testified to it she didn't know
what she was talking about.
Mrs. w. H. Henthorn, lives at
1923 North Harrison street, near the
Bobbins and Cruger homes. She testi-
Q-Did you see Gaines with Tom
Ro ubins?
Ayes. 1 saw them at the wagon,
halfway back to the barn. Mrs. Rob
bins came up with some corn in her
arms. droppsd it, and picked up piece
of hose. She is Ieft-handed, and drew
back as if to strike Gaines with it He
jerked it out of her hand.
Odd you see any throwing?
A-Yes. The women were ali throw
ing, but there was nothing large in the
air. Gaines seemed to turn all his at
tention to tg hting the women, then, and
cracked the hose around him. Cruger
ran to the crowd and threw up his arm
as if to ward the blows off the women.
Then he stepped back behind the women
and picked up something. He jumped
forward and poised this in the air mo