The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-28
Oliver Smith Bound Oger for
Murder of Thomas Bair.
Plea Of His Attorney for Bond
is Denied.
STORY OF THE KILLING
Resulted From Quarrel in Joint
Over a Dollar.
Assailant Used Butcher Knife
With Fatal Effect.

The preliminary hearing Of Oliver
3. Smith, who stabbed Thomas Bair
fatally in a joint at ia West Norris
street. North Topeka, on the second
day Of the present month. was held
before Judge BIcCabe, Of the city
court this morning and the defendant
bound over to the April term of court
without bail.
The defendant waived examination,
and there was Just enough evidence In
troduced by the state to hold the de-
fendant for trial at the next term of
court. An effort was made by Hib
Case, attorney for the defendant, to
prove that the murder was not pre-
meditated and that the defendant
should be released on a reasonable
bond, which he would be able to give.
The court held that from the evidence
introduced the murder was premedi-
tated and that as the penalty might be
murder IN the first degree that the
oRense was not bailable-
The wife of the murdered man was
among the first witnesses called, and
testified to the uniform kindness and
general good disposition of her hus-
band and also as to the wounds which
caused his death, as did his brother.
Doctors Kfene, Bowen and Keith testi-
fed as to the wounds which produced
death.
company with several companions
was playing cards in the joint known
as Green's place. at 815 North Kan
sas avenue, during the afternoon Of
March 2. and quarreled over the loss
Of q dollar which Ba1r won from
Smith. The party left the joint and
went directly across the alley to an
other joint operated by j. W. Genett
excepting Smith, who entered later
and after ordering a round Of drinks
afa frs Qn4 md Fn1d him that
he intended to XIII him If he did not
return the dollar. There were but
few words passed between the men,
and Smith left the joint declaring that
he would return and have the dollar
or XIII Bair.
The story is best told by the testi-
mony of J. w Genet. the bartender
Of the joint where the murder was
committed. as told on the witness
stand this nOruiug. He said. THE
crowd came into the joint with the
exception Of Smith and ordered beer
which I gave them Just as they had
finished drinking Smith came in and
ordered another round Of beer for the
party. and there did not seem to be
anything the matter until Smith
stepped UP In front OF Bair and said:
7 told you that I would kill you,
my dollar
''Bafr replied, Z haven't got your
dollar and turned and walked across
the room to a window and Smith fol-
lowed him. repeating the threat Bair
did not seem to think that he was in
any danger and said, Co get your gun
and commence the killing Just then
Smith made a lunge and stabbed him
I'm the abdomen with long skinning
knife, which which I had not seen be
9ore. and Bafr turned and walked out
of the place.
after Smith had stabbed Batr he
walked out Of the back door, evidently
believing that he had killed Bair, and
threw the butcher knife away. AS he
passed me he said. I told him that
would XIII him and I guess that
would carry out his threat and we did
not see the knife as he had it wrapped
I'm q piece Of brown paper"
After Bair was stabbed he walked
out of the joint and started for home,
but fell on the sidewalk in front of
Llacey's drug store. An ambulance was
called and he was taken to Christ hos
pital, where after examining the
wound. which was a semi-circular cut
tn the abdomen which severed the in
testines In several places. the attend
ing surgeons announced that death
would necessarily follow. Bair linger-
ed for a few days before he died and
was conscious a portion of the time.
County Attorney Hungate secured a
diving statement from Bair which has
not as yet been made public, but which
is said TO contain q statement from the
dying man that there had been bad
blood between himself and Smith
prior to the game of cards, which was
the direct cause of the murder.