The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-04-27
JURY is SECURED.
Smith Murder Trial Is at Last
Started.
Eyewitnesses Tell the Grue-
some Story.
ALL OVER A DOLLAR.
Say Bair Was in No Way to
Blame.
Attorneys for Defense Made No
Statement to Jury:

men, a jury was secured this morning
at 1890 o'clock in the Shawnee county
district court, to try Oliver Smith for
the murder of Thomas Bair, on March
2. The trial was at once commenced,
and by noon the state had taken the
testimony of three eyewitnesses, who
all declared that the only apparent mo-
tive for the murder was the fact that
Bair had won a dollar from Smith in a
pitch game which the latter wanted
given back to him.
The jury is as follows:
George W. Veale. jr-
Henry Checks1eld.
T. P. Newell.
J. ". Bigger.
W. E. Bellman.
G. I. House.
John Schroeder.
G. G. Blakely-
o. A Anderson
D. c. Harbaugh.
Jerry Chubb.
NJ. Alexander
Three special venires were needed to
secure this jury, which with the regu-
lar panel and talesmen made a total OF
149 men. The great difficulty expert
enced was the fact that so many of the
persons summoned claimed to have
fixed opinions. which would need evil
dence to remove from their minds.
After eight persons had in succession
been excused for that reason from the
third special venire this morning, the
court ordered all of the unexamined
persons summoned to wait out in the
hall. He suspected that some Of them
were getting a liberal education as to
how to keep from serving on the jury
waived his eleventh. and twelfth per-
emptory rights of challenge, after Mr..
Hungate had given up his sixth. With
a sigh of relief Judge Dana announced:
The jury is secured. Let it be
sworn"
The court announced Immediately af-
ter the jury had accepted its oath, that
1t would have to remain in charge OF
bailif both day and night, at its meals
and at all times until verdict was
returned. The jury Hilt not be permit
ted to separate. -.
Babies Must Keep Quiet.
Then the court admonished the -babes
in arms which have been in attend
ance at the trial Four women, two
of whom are sisters of the murdered
man, and the other two friends of the
families. have been present from the
start of the trial with their babies
The wife of Tom Bair is also in at
tendance with her baby, which Is about
6 months old. Oliver Smiths two lit
tie boys, about and years Of age,
are present with their mother The
children and babies became restless,
and the court took occasion to request
the mothers to spare him the embar-
rassment of having to ask them 10 take
the children out of the court room,
whenever they became tired.
''The jurors are entitled to hear ev-
cry word, said Judge Dana This is
a very important case. / wish the
mothers with children here. would take
note of that. Spectators are welcome,
but they Will please be as quiet as pos
sible."
County Attorney Otis Hungate told
the story of the case for the state as
follows: I'VE will show that on the
afternoon of March 2 Smith and Bair
played a game of pitch in Green's place,
at S16 Kansas avenue, in North Topeka
for a dollar, which Bair won Bafr
went to a place at ia West Norris
street with a man named Lawson.
Smith demanded the money back from
Bair but the latter refused to give it
up. Smith got a skinning knife from
Buechner butcher shop. He went into
the place on Vest Norris street into
which Bair and Lawson had gone. See
ing Bair in there, he demanded his dol
lar back. When Bair refused, Smith
said:
You -- I'll Kill you
Bair answered: NO one is afraid Of
you. Smith stuck the knife into Rair's
abdomen twice. At the door some one
asked Smith: What have you done1
To which he replied: Il said I'd kill
the and I have done
it. Smith went out of the place, threw
the knife away, and was arrested
short time afterward. We will snow
that the whole cause of the quarrel was
this dollar which Bair had won in the
pitch game"
Mr.. Case. who is defending Smith. did
not make an opening statement to the
jury.
Lawson the First Witness.
Arthur Lawson of North Topeka was
the first witness called by the state. He
stated that he knew both Smith and
Bair. He was an eyewitness.
About 8 O'Clock in the afternoon en-
March q" said Lawson, I went into
Green's place in North Topeka smith
was playing pitch with myself and an
other party We finished our game
when Tom Bair came in. Smith and
Bair got to talking about playing, and
finally challenged each other to play for
a dollar. Bair made four POINTS on
the first hand. Smith got mad and said
he wouldn't play any more BAR pick
ed up the dollar, and he and Smith had
some words The keeper of the place
took the cards and put them away
"Bair and I went down the street
and stopped at a place on West Norris
street between Kansas avenue and
Jackson street. The pulidlng races the
south and we went into the east door
About five men were inside. Genett-
Newman. Ferguson. Henry Smith and
a stranger were inside We bought
beer and drank il. Oliver Smith came
in from the east door. He came up to
the bar and ordered drinks for the
crowd Bafr and | had just finished
drinking beer when Smith came in.
He saw Bair and demanded the dollar.
Bair said he did not have his dollar.
The two stepped back in the room and
I paid no further attention until some
one called He has stuck him I
turned around. saw Smith IN the
act Of cutting him in the abdomen
with a butcher knife. Bair dropped
his hand to his side and started to