The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-12-14
PAID SWEARING.
Testimony Given That Wit
nesses Would Be Paid For
In the Collins Murder Trial -
Case Drags On.
COURT ROOM COLD
And Engineers AdmOnished to
Fire Up.
Scenes and Incidents at the
Trial Today.

The court room, at the opening of the
Collins trial this morning, was so cold
that spectators and lawyers shivered
while standing around with wraps ana
OVerCoa is on. To make the room more
desolate and the surroundings more
dreary, a kitten which had made its
way into the court room kept up q
plafntive crying until removed Ihe
court officials sent frequently perenp-
tory commands TO the engineer to fire
up, but 1t availed nothing and the crowd
ehivered and the men-some of the men
-swore occasionally at the cold.
The defense this morning resumed the
Impeachment of the witnesses for the
prosecution which has been in progress
for two DAYS. Owen McCafferty, an
Atchison policeman was the first wit
ness and told how Johnson Jordan had
said to him in the union depot at Atchi-
son that he, Jordan, would get $1,000
for his testimony in the Collins case.
This morning owen McCafferty of the
Atchison police force was the first wit
ness in the Collins case. He said:
lie said:
Sunday morning, November 90 at 2
o'clock I saw Joe SmOthers in the union
depot at AtchisOn. We talked about the
Collins case and asked him if Collins
would be convicted and he said he
ought to be, because there would be
lot of paid swearing in the case. SmOth-
ers said he was a witness for the state
and would get $1,000 for his testimony,
no matter how the case goes"
The cross-eXamtnatio did not shake
this testimony, and William N. Seip, an
employe of the Wells Fargo, was called.
he went into Ayres Bros restaurant
in Atchison on the morning after
Thanksgiving.
''Smothers was sitting on a stool
when went into the restaurant, and
just as entered the door I heard him
say?I am a witness in the Collins case,
and I viii get 81, 900 for my testimony
regardless of the decision Of the court
I didn't know the man who made the
statement when I went in but I got
up on a stool beside him and after he
got through making his statement
asked him what his name was and he
said 'Srnothers.' FL
These two witnesses stated that
Smothers talked earnestly about the
matter and did not seem to mean what
he said as joke.
A week later Mr.. Seip met Smothers
at the union depot and had a talk with
him. A letter which Seip had written
to Mr. Hayden, telling what he had
heard, was offered in evidence, but was
ruled out upon objections from Mr.. SAT-
ford.
William Tarrent, night clerk in Ayres
Bros. restaurant at Atchiso1, was the
next witness. He is a young man with
small mOustache and a very small
goatee. He said: Three weeks before
Thanksgiving Joe Smothers came into
the restaurant and was there off and
on all night. After THANKSGIVING dav
we were in the restaurant alone and
the state and would get 81 900 for his
testimony in the Collins case and that
after the case was ended he would al
ways know where to get a dollar.
Later he told me he had a bright
future. as a result of this case and that
after the trial was ended he intended to
marry an Atchison girl he had known
all his life"
On the cross-examination Tarrent said
that Smothers had told him that
neither the state or the Collins family
were to pay him the $1,000. Mr.. Stafford:
Q--Why didn't you tell that before?
Al didn't think of it.
Q--What else did he tell you?
Al don't remember
Q--When did you recall this?
Aust now it occurred to me
Q.-Are you sure that ''just now'' is
the first time this has ever occurred to
you?
A.--No; it was told me. but I didn't
recall It.
Q-What did smothers say to sefp?
A.-That he would get 81 900 and
would always know where to get more
Q.-You heard the conversation be-
tween them?
A--Yes.
When the ross-examination had pro-
ceeded for some time, Tarrent said
Smothers stated that only two persons
knew about the $1,000 himself and the
person who was to pay the money.
Many other things the witness did not
recall and Stafford said:
Q.-You seem to have forgotten some
parts of the conversation?
A.-Yes, wish had forgotten all of
1t.
Seip and Tarrent testified that Nr.
McCanerty had given them round trip
tickets to Topeka, in response to oues-
Gons on cross examination
Mr.. GODDARD asked both of them if
they had received any promise of re-
ward or money to come to Topeka and
testify, and both replied no. very en-
phatically.
Charles Phelps, a saloon keeper and
barber from St. Joe, Mo. He became
acquainted with Joe Smothers last sum
Ener. Snothers was at that time work
ing in a house of ilI-fame.
The defense then showed by Mr.. PheIDs'
testimony that Smothers was not work
ing for the water company in St Joe.
because, mo colored man ever gets &
job on the works. The only place
Smothers worked in St. Joe was at this
mouse of fll-fame."
From Phelps talk it was apparent
that he is a political boss of some kind.
ana paid particular attention to the en-
ployment of colored men, and said if
the water company employed a negro
I would know it. -
C-4ou're an intelligence Office then? ?
A.-Yes, but I don't get paid for my
information.
The witness was asked who furnished
MIN ticket to come to Topeka.
Ihe ne defense furnished the Atchison
and st Joe witnesses tickets and we
are responsible for their time" said
Mr.. Hayden.
The court here took recess to wait
Tor the court room to warm up.
Testifies About Smothers.
John Mcnamara Of St. Joe. a police
man for eight years, and employed in
the secret service since July l. was the
next witness. He testified that during
the months Of June and July Joe