The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-11-21
Tom James, Ex-Representative
From Northern Shawnee,
Shoots and Perhaps Fatally
Wounds w. III. Hayes
NEIGHBORS FALL OUT
Over a Boundary Line and
James in a Fit
Of Passion Empties a Shotgun
Into Hayes Body.

Thomas NJ James shot and probably
fatally wounded William H Hayes sun
day morning at o'clock.
James lives at the corner of Kious
and Kansas avenue, North Topeka, ana
Hayes lives next door at 1907. There IS
a space of about Is feet between the
house occupied by James and the one
occupied by Hayes and for the past 10
years the title of the Is feet of land has
been in dispute between Hayes and
James. 1t was over the right to this
piece of ground that the shooting oc-
Cured.
When Hayes was shot he was digging
a post hole on the piece of ground in
question and a little to the rear Of the
houses. James came out of his house
with a double barrelled shotgun in his
hands and commanded Hayes to get off
the ground. Hayes says that without
giving him time to obey James raised
the shotgun and fired the right barrel.
The charge took effect in Hayes right
side and tore a hole an inch and half
in diameter through Hayes abdomen
from left to right. After firing the shot
James went into his house and the
wounded mans wife and the neighbors
carried him into the house and sum-
moned the police.
been used by James for many years as
a roadway into his yard. Last week
the dispute as to whom the ground be-
longed to was discussed by the two men
and they decided to have a surveyor
determine where the line was dividing
the James property from the Hayes
property. The line was found to run
close to the north side of James house,
allowing the disputed land to Hayes.
It was found by the surveyor that the
bay window on the north side of James
house stood four inches over the line.
After the line had been surveyed James
consulted an attorney and was advised
to hold possession of the land if it re-
quired force
When Hayes found the land belonged
to him he decided to put up a clothes
line and yesterday morning before
breakfast he went into the yard and
drove a stake where he intended to
put the post for the clothes line. He
then went into the house for breakfast
but finding that the meal was not ready
he took a spade and went into the yard
to dig the hole. He had thrown but a
few shovelfuls of dirt when he heard
some one say:
Get out of that
He looked around and saw James
standing with double -barreIled shot
gun at his shoulder as if ready to shoot.
You won't shoot me. will you Mr..
James?" said Hayes and he started to
move away.
Yes" said James, and almost in
stantly he fired.
Hayes had partly turned to go and
the shot took effect in the right side of
his abdomen and tore its way through
and came out the left side
James turned and went into the house
and Hayes was carried into his own
home and DR.. Mitchell summoned.
DR.. Mitchell found that the shot had
spread but little. He took 20 shot from
the wound besides a few that had scat
tered and taken effect in other parts
of the abdomen.
HaVeS had a small eTa &C bottle in I7ia
vest pocket and when the shot struck
him it shattered the bottle and drove
pieces of the glass together with shreds
OF the clothing into the wound. Sew
eral pieces of glass were removed.
The police were notified and Sergt.
Owens, Patrolmen McElrOy and Par
cell went with the patrol wagon to
James house. When the officers ap-
peared James said I have shot one Of
my neighbors. don't want to say
much but did not think it would hurt
him, L thought it would just Craze his
clothes
Mr.. James was quite cool but Mrs
James was greatly excited and could
not control her tears.
Il would rather have had a. hearse
come to my door than that wagon
she said.
Where is the gun?' said sergt. ow-
What do you want Of it?" asked
James.
Here it is said Mrs. James. and she
drew the gun from under a lounge.
hurt"
The right barrel Of the gun was emp
ty, but the left barrel held a loaded
she'll The gun was of u gauge and the
shell that was fired contained No. !
shot.
James was taken to the police sta
tion and his lawyer, Mat Campbell was
summoned. James was taken before
Justice Chesney and was allowed to 90
on a bond of 1000 which he furnished
Ia q a
seemed greatly worried. Yesterday af,
pacing back and forth in the yard at
the rear of his house and was afraid
that he was about to commit suicide,
but after a time James went into the
house.
Yesterday afternoon Sergt. Owens
and Sheriff Cook went with G. B.
Payne, notary public, to Hayes house
Where Hayes gave sworn affidavit OF
the shooting.
hayes was suffering great pain but he
taIked freely and although his face
IWlIcneQ from pain he did not otherwise
snow ms suffering. When the affida-
VT was haII mpleted he asked for a
sip OF water and continued DR. Mitch
ell was afraid that if he were moved to
the hospital he would not survive the
trip, as Hayes was suffering from a
great nervous shock besides from the
palnIulneSS of the wound and the loss
of blood. When Hayes moved even a
hand the movement caused him great
agony.
Mrs. Hayes said she heard nothing
until she heard the gun shot and ran