The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-11-14

Overman. a neishbor who was on bad
terms with Smale. and had threat
ened to shot him, can also prove an
alibi. The exaggerated reports which
have been printed about the affair
which connect Mrs. Mary Smale, the
widow of the dead man. with the case
are easily disproved. Some of the
stories about her are true to a certain
extent-others are founded on nothing
at all
People who have known her since
childhood say that there is absolutely
no foundation for the story that she
may have had something to do with
the death of the former Mrs. SmaIe.
which occurred 21 years ago. At that
time, they say. she was about IA years
of age, and William Smale had never
heard of her. The children which have
died since her marriage to Smale were
her own, with one exception, a son of
William Smale and his first wife, who
died suddenly Is years ago, shortly
after the marriage with Mrs. Smale
NO. z. The two children mentioned as
having died under suspicious circum-
stances were her own, and there would
have been positively no motive for her
TO have caused the death of the chill
dren. DR.. Trivett, of Eskridge, who
attended ate led the little girl, Salina, who
died last winter, says he is positive
that hydrophobia caused her death
The case is one which battles every
one connected with it. County Attor-
ney f. A Seaman and Sheriff Fred
F'reye have been working night and
dav since they took the case and if
they have found any evidence of i'm
portance they are carefully keeping it
TO themselves. Friday afternoon the
preliminary hearing was to have been
held before Justice S. B. Easter at this
place. The witnesses assembled hut
Mr. seaman refused to allow the hear
ing to be held and called for a con-
tinuance of ten days. Judge William
Thompson for the defense said he
would waive examination and made
a motion that his clients, Charles Chelf
district court, which convenes in Alma
next February, under the same hond
which now holds them, 1000 each. Mr.
Seaman insisted that the men be given
ticA.
He said that he did not care to have
the accused running at large where
thev could easily forfeit bond and
escape from the country if thew saw
that the prosecution was piling up
evidence against them. The unusual
argument lasted about two hours in
the crowded little court room over a
vacant store in HarveyviIle. Finally
Ihe Justice oVerruled the motion of
Judge Thompson, and then the at
torneys got together and by mutual
consent set the preliminary for De-
mere is probably not one case out of
hundred where the prosecution re-
Iuses 10 accept a waiver on the part of
the defense, but in this case the bonding
OF the detendants was the issue If al
IoWeu 10 waive. the justice would be
compelled to admit them to bond. be-
cause The information held up to date
by the county attorney would not war
rant the holding of the men in any 9th
er manner. nan Ihe prosecution would rath-
cember 1 than until February 1904.
The crowd in the court room made no
demonstration, but they watched the
accused men curiously. and listened at
tentively to the arguments of the conn
sci. Scraps of conversation heard
among the farmers after the court had