The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-02-07
CASE REACHES THE JURY.
The Gaines nurder Trial Is About
Ended.
GAINES ADMITS HE SHOT In ANGER

This AfternOOR-Gaines OnceArrest-
ed for Being Correspondent of the
SUNDAY sun"
The Gaines trial is over, and now all
that remains to do is to be done by the
twelve jurors. for whose emil ghtenment
the trial has been carried on.
The defense closed at 4 o'clock yester-
day afteruo on, and rebuttal evidence was
introduced by the county attorney. This
was completed last evening, and this
morning the jury visited the scene of the
killing, at 1913 North Harrison street, to
get the place better fixed in their minds
than they could by plans and photo
graphs. After their return Judge Hazen
charged them, and the arguments by the
attorneys, three on side, were begun.
County Attorney Stafford brought for
ward Mrs. Kincaid anu Hiss Inez Kin
caid. who live at 1920 North Harrison,
in giving rebuttal evidence last evening
to prove that Henry Schriber, the most
important witness for Gaines, was not in
sight of the men when the killing &C.
Cured. Just as the shot was fired he
came running mp behind them from the
rear of their yard, and did not see the
killing at all, they said.
Had you seen him before?"
"Just a few minutes before he ran
through the yard and followed to me.
They're after me; where can hide,'
replied Miss hlncalG.
Others testified that Sohriber was not
present at the killing.
Gaines was tho last on the stand for the
defense. He told his story in a slow,
calm manner, with his voice pitched
rather high.
II saw Cruger start toward me from
the doorway and pick up a piece of
iron pipe shouting. You ----@
you can't take nobody I grabbed the
had the wire and iron on it and flourish
ed it around and told them to keep away.
Mrs. Robbins got gun barrel by that
time and came at me with it.
"Cruger came in behind the
woman and struck me in the
side Of the head with the iron,
but saw it coming and caught part of
Pll fix you 1 dropped to my right
knee and right elbow. As was rising
got my gun out, staggered sideways a
couple of steps and saw CruCer standing
ia front of me with the iron still in his
hand. He was looking straight at me.
The gun went off and saw Cruger stag
ger and thought to myself that 1 had
hit him. l then turned and drew down
on Tom Robbins, but thought better of it
and put my gun away. When Dee Will
kerson and Art WelIman came 1 said.
You fellows have got me in a h of a
scrape. Why didn't you come on?'"
Cross examination:
Q-Were you ever arrested before?
Ayes. Once here and once in Beloit
The Beloit time they took. me for another
man. In Topeka / was arrested for being
! a correspondent of the Sunday Sun.
Q-Were you ever in any other shoot
ing scrapes?
A-No.
Q-Were you ever shot?
A-Yes. Twenty-one years ago in
Oregon.
Q-Were you ever arrested in Ne
braska?
A-No.
E-No.
Q-How many times did Mrs. Robbins
strike you with the hose9
Advice.
GLOW many time did you strike her?
A-Once.
Q-How was Cruger holding the iron
when you shot him?
Gaines illustrated with the gas pipe.
| He took it in his right hand aud drew it
| back below the shoulder, as one would
strike with base ball bat held in one
hand.
Q-What did he do when you fred?
Ale kind Of 'dooped" (ducked) his
Q-What made you start to shoot at
| Tom Robbins?
Al dent know.
| Q-Do you mean to say that you were
| going to shoot man there who was guilty
of nothing but petit larceny?
Al didn't shoot him. tell you
| Q-Why didn't your
| A-By that time l was at myself.
| Q-Then you mean to tell this jury
that at the moment you fred at Cruger
you were not yourself, but in less than a
| second after you were?
| Ayes sir.
The argument of counsel consumed
most of the day today and the case then
went to the jury.