The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-04-28
NEARING The END
Smith Murder Case viii Soon
Be Over.
Defense Centers Around the
DEFENDANTS Daughter.
TELLS OF THE KILLING
Smith Says lie Had Decided to
Stay Bair.
Denies That Trouble Was Over
Dollar.
TELLS OF THE KILLING

81 had made up my mind to kill
him if he was responsible for my
daughters condition
slowly and deliberately, with a set
expression on his face, Oliver Smith
In this manner set up his defense on
Friday afternoon in the Shawnee
county district court, where he is on
trial for the murder of Thomas Barr
smith cut Bair in the abdomen twice
with a "skinning knife on the after
noon of March 2. in a North Topeka
Joint About an hour before, the two
had ouarreled over a dollar which
they had bet in a pitch game The
state has commended that this matter
was solely responsible for the killing.
When the prosecution rested on
Friday afternoon, Hib Case, who is
defending Smith, created q sensation
by stating that he expected to show
the dollar business but an incidental
in the motive, and that the real cause
was the claim of Smiths daughter
that Bair was the father of her
Legitimate child born at Crittenden
home on last Monday night.
Mrs. Smith took the stand and de-
clared that her daughter had told her
that Bair was responsible and that she
then communicated the matter to her
husband. and that he became very
moody and melancholy Smith took
the stand about 8 o'clock and declared
that he had made I'D his mind to kill
Bair if he became sure that he had
seduced his daughter. The Smith girl
has been working away from home
for the past two years, and apparently
did not get along well with her father.
He said that he did not ask her who
was responsible for her condition, s'be-
cause it wouldn't have been any use,
for she wouldn't talk to me-" Neither
Mr.. or Mrs Smith seemed to have in
vestigated the matter very closely. The
fact that Smith sat down to a game of
cards with the man he claims seduced
his daughter, also looked peculiar to
the county attorney. But under the
most drastic cross examination, Smith
kept saying that 1t was in his mind to
kill Bair, and that after the latter
cursed him over the card game, he lost
all control, and committed the act for
which he is now on trial.
Sensational RebuttaI.
The state in its rebuttaI expects to
wipe the seduction story clear off the
records OF the case by proving that
baif was not in the city last August
at which time Smiths daughter states
the alleged intimacy took place.
smith cried on the witness stand
several times yesterday. His face is
pale and worn. and he looks sick
Under Mr.. Hungate's examinations he
Droke down several times, and time
had TO be given him. to recover. Mrs
smith seems much less affected than
her husband. Mrs. Batr, the wife Of
the murdered man. and his sisters
could not restrain themselves, and
Wept bitterly when the seduction
charge was made.
Case States the Defense.
It was 4 o'clock before Mr.. Case
MADE the opening statement for the
eelense the county attorney having
announced the state at rest.
IElIlentOn Home Doctor TeSfffes
LIZ r. j. Ernest was the first witness
called by the defense. He told of a
plrth Of baby to the Smith girl At
Crlttenden Zone
Mrs. Oliver Smith. wffe Of tba dafa,d-
ant, was next called. She stated thar
she had been married to Mr. Smith for
70 years, and that the had four chill
Q.-Where is the Oldest?
A--She is in Crittenoen Home
Q.-Did you know Tom Bair?
A=No.
Q.-Was your husband informed of
your daughters condition?
Q.-By whom?
A.-Myself, last January, when she
went to Crittenden Home.
Odd your daughter work at the
Savoy hotel?
A.-Yes. for several months as
o.-when did you first become aware
OF her condition.
Last winter.
Q--Why did you conceal the fact
from your husband?
Al was afraid.
Odd you tell him what man was
responsible2
A.-Yes, Tom Bafr.
Q.-What effect did the telling have
GUARANTEED IOT1op GLIDE