The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-04-28

A.-Made him moody and gloomy He
only said. I know that man.
Odd you notice aay difference in
the actions of you husband after that2
A.-Yes. He was very melancholy He
staid away from home more
Odd he drink more afterwards2
Al don't know. I never saw him
drunk.
Character Witnesses Called.
N B. Arnold was next called by the
defense. He said he had known Mr..
Smith for IS years, had done business
with him, and knew him real we'll Mr.
Arnold said that Smiths reputation
was good as citizen.
A Y. Heyden and J. M Petro also
testified to his good character.
Defendant on the Stand.
The defendant. Oliver Smith, was
next called. He told a good story.
Q.-What is your age?
A--Forty-seven.
Q.-Where is your homer
A.=1327 North Topeka avenue.
Q--Were you ever arrested before
About 70 years ago I got into an
alteration with a man on election day
and I slapped him. was fined for
assault.
Q.-How old is your oldest girl?
A.-Twenty-one
Q.-Was your house taken away by
the 1ood2
A=Yes.
The witness began to cry and the
court waited for him to recover his
poise.
Odd your daughter go to work.
A-=Yes, she worked on the North
side and then went to the Savoy hotel.
Odd you find out her condition?
A.=Yes, my wife told me in January
and that Thomas Bair was responsible
Q.@How long have you known
Thomas Bair2
About two years.
Q.-State to this jury what effect
that information had on your mind
Al can't express it.
DID it have any effect on you Z?
DID you believe your daughter a
A.ZYes. She attended the Baptist
church. She went to school until she
was Is.
QZwhen did you see Tom Bair
after that?
Mot until in Green's place, the
day we had the trouble.
Odd this trouble cause you to
drink more than usual?
Q.-Were you sober when you went
into the joint?
Ayes
Q.=What were you going to do with
the knife you got at the meat market2
A-Take it home for my wife to use
Odd you intend to use it to cut
Bair or anyone?
A.-No.
Q.-After your game of cards was over
with Lawson, what did you do?
A.-Bair challenged to play me for
Odd you play?
A.-Yes. One hand was dealt. 1t was
never played out. He began to curse
me and abuse me and I refused to play
with him longer.
Gid he keep the dollar?
o-7ou hadn't seen BAR up to that
time?
A=NO.
Did you have the fact that he
ruined your girl on your mind?
Odd the fact that he took your
dollar make you cut him?
A-No I don't think so.
Q.-What did you do?
Al went back to Buechner's and
got my meat and knife to go home.
stopped at Green's place minute and
then went TO IA West Norris street. I
didn't know that Bair was there. It
had a bad effect on me when / saw
Bair in this place. I don't know what
I did in there. didn't go there to
have trouble with Bair or anyone else.
don't remember saying anything to
him about killing him If he didn't give
me my dollar back. I remember that
he called me Z ~ - ~ few
minutes after I got in there.
Q.-Had you made up your mind to
kill BAR?
Al had made up my mind to Kill
him If he was responsible for my
daughters condition.
HUngate's Cross Examination.
The state then took the witness.
Smith stated that his daughter was II
years old, and went out to work IN
1905. She had been employed in a
North Topeka boarding house, at pri-
vate home last spring, and later at the
Savoy hotel The witness stated that
he Was~nOt keeping close track Of ner,
that she was of age, and was practical
ly her own boss He said that during
January his wife told him that Tom
Bair was responsible for his daughters
condition. At the time he said he did
nothing about it.
Did you ever ask Bair what he
would do about it?
A.-NC.
Q.-You intended to kill him2
A.-Yes, under the conditions.
Q-You made up your mind that he
was the man and you sat down in
Green's place to play friendly game
A.-Yes, I did He called me vile
names.
Q-You didn't go crazy then. You're
mind was clear. You both went out2
A.-Yes, we went out.
Q.-You got your meat and knife and
started home?
A-Yes. I went through Green's
! place. I often did that on my way
home, that is, go that way.
Q.-Had you seen your daughter at
/ Crittenden Home, and found out sure
/ that Tom Bair, the man you wanted to
kill was responsible2
A-No. my daughter was peculiar
/ She wouldn't talk to me. It would have
been of no use for me to talk to her.
C.-What do you remember about
what happened at ia West Norris
street2
Avery little He called me a vile
name don't think I ordered drinks.
I did ask him for my dollar. He called
me a vile name. After that I remem-
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