The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-11-21


James is one of the Oldest residents
of Topeka and owns considerable prop
erty. He is Sc years of age. James
has three sons, David. who is a county
surveyor in Colorado, Lewis and Mall
colin, who live here.
An Account of the Shooting.
H F. Crandel, who lives two doors
north of Hayes was eating breakfast
with his mother when the shooting oc-
CURED.
we were eating breakfast said Mr.
Crandeu THE dining room table stands
in front of the south window and we can
see the yards in the rear of Mr.. James
and Mr.. Hayes houses and the yard OF
the house between ours and Mr.. Hayes.
I looked out and saw Mr.. Hayes about
to drive a stake into the ground. He
was on the land that has been in dis
pute- I said to my mother If he drives
any stakes on that ground 1 am afraid
there will be trouble Mr.. Hayes then
went into the house after he had driv-
en- the stake in the ground. In a few
moments heard a shot. My mother
and myself looked out just in time to
see Mr.. Hayes fall to the ground. We
could see the smoke from the gun but
could not see the person who fired the
shot or the gun as the corner of the
Hayes house was between US and the
person who fired the shot, but we could
just see Mr.. Hayes as he fell. ran out
and Immediately summoned DR.. Mitch
ell"
Ed James, the youngest son of T. NJ
James, was in the barn. He heard the
shot and came running to where Mr.
Hayes lay. James had returned to
What is the matter here,' cried Ed
James.
Tom James has shot me-" gasped
Hayes. ''TOm James has shot me-
Mr.. Bryant, who lives across the al
ley, came running to the assistance or
Hayes and supported him to a sitting
position. Just then James came from
h0 hCTT md rra1l rod A0 I7ah ha7~y
Come help US, come help u.s. cried
Mrs Crandell to James, who only looked
at the group and went out to the barn.
He returned after Hayes had been car
ried into the house and went into his
own home where he was when the off,
GERS arrived
James made no resistance but ac-
com panied them to Judge Chesney's
court where Sergt. Owens swore out the
warrant and Judge Chesney allowed
James to have his liberty on a. 81, 900
bond signed by A. J. Arnold.
This morning both Mrs. James and
Mrs. Hayes refused to say any
thing except Mrs. Hayes reiterated
that she knew nothing until she heard
the shot Mrs. James would say moth
ing.
Ever since the shooting Mrs James
and Mrs. Hayes have both been con-
stantly at the bedside of the wounded
man until he was taken in an ambu-
lance at $50 this morning to the Santa
Fe hospital.
Mrs. James has been at the house OF
Mrs. Hayes all day doing what she
could to comfort the family. Mrs. James
and Mrs. Hayes have always been close
friends and have never been estranged
on account of the trouble between their
husbands.
The ground between the houses has
been in question for many years and
involves all the property in the block
facing Kansas avenue on the west side
between kiOus and SayWel streets. If
Hayes owns the Is feet on the south side
of his house he will have to give up 13
feet on the north side of his property
and all the other lots in the block win
lose 15 feet on the south. The house
occupied by the Crandells will have to
be moved north as it Will be on other
property.
Hayes Sworn Statement.
The following is the sworn statement
made by Willim H. Hayes, the wounded
man:
Statement by William H. Haves
made to me this Sunday afternoon, No
vember 20, 1898, at O'Clock. said Hayes
was duly sworn by me, that the state
ments he should make should be the
truth, the whole truth, and nothing but
the truth
My name is William H. Hayes. I am
Sc years of age, I live at No. 1907 North
Kansas avenue Topeka, Kan. This
morning about 8 o'clock I drove a small
stake on my south line about 8 feet, that
is north of my south line three feet. I
X.
out of that" [ could not say which. I
turned around and saw Mr. Thomas
James with a double barrelled gun
pointed directly at me. It rather sur
prised and startled me and said, why,
MI James, you are not going to shoot
me are yOu?" and he said, f'Yes''-When
he said yes went to turn around and
he fired so quick he caught me in the
tell it. / staggered a step or so and
fell / saw several persons running to
me and exclaimed tom James has
shot me" Then my wife and daughter
and Mr. Bryan, my neighbOr, across the
alley came running out to me. Mr.. Bry-
an supported me in rather a. sitting pos
ture. Mr. Hamilton and Mrs. Hami1-
ton all came around me. Mr.. Bryant
just previous to this called to some one
in the street to come in to his assist
ance. Then they took me UP, some
three or four parties and brought me in
to the house. They laid me on the
lounge in the sitting room until rested
a little while and until the doctor came
and then they put me in here. don't
know of anything further that I can
think Of There was a good many in to
see me. had no angry words with Mr..
James before or at the time of the
shooting. Mr.. James did not give me
time to get away if I wanted to- I was
standing with my face to him when the
shot struck me in the side I mean I
had no angry words with Mr.. James be-
fore today. I had no talk with Mr..
James previous to the shooting on Sun
day morning.
MY intention was to get off and avoid
trouble if he had given me time before
he fired at me and we could have had
it settled by law. [ made no resistance
whatever, in fact I never thought of it
but would have left if he had given me
time. The whole time occupied from the
time he ordered me off until he fired
was not over one-quarter of minute.
(Signed) VIM. H. HAYES.
Attest:
PORTER S. COOK.
JACOB c. OWEN.
H. c. CIRCUIT
State of Kansas,