The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-04-27

A-"Joint''
Q.-..What were you playing fOr2''
A.-''The drinks"
Q.-''HoW many had you had"
Ask or seven.
Q.-.Did they get away with your
Q.-..who was the barkeeper2"
At didn't know
Q.-tfWere Smith and Bair drink
ing2"
Q.-..Who proposed the pitch
Ar don't know
Q.-tWhere was the money!
Lying on the table"
Q--.Bair made four points and
claimed the money, did he?"
Ayes. and because Smith got
mad and said he wouldn't play any
more"
Q-.'when did Bair leave Green's
place %
Q.ZHow far is It from GREEN'S
place to the place on Norris street?''
About four rods"
The witness then described the Ioca-
ton Of the place on Norris street, al
though he did not know the number.
Q.-"How long were you in this
place before Smith came in %
A--"About fifteen minutes
Q.-"You and Bair were standing at
the bar drinking beer ?"
A.-'sYes.''
what did Smith say when he
came IMP
A" Let's have another round of
Q.-.Dtd bartender FIX up the beer %
A.-'Yes, he set it on the counter,
glass for every person in the ROOM
Q.-"What did Smith do?''
A.-'sWhen he saw Bair he stepped
UP and demanded his dollar. 'Bair, I
want my dollar he said. Z haven't got
it, said Bair. They stepped back and
I didn't pay any further attention to
them
Q.Z'How far were you from them %
A--"About thirteen feet, still stand
Q.-"Was there any noise in the
place?"
A.Z"No, it was quiet
Q.-"Could you have heard anything
said in the room?"
A.-aYes, but was talking to some
Q.-'Did you hear Smith call Bair
vile name and threaten to kill him if
he didn't give back the dollar?"
A-''No, was talking to someone"
Q.-"Were you drunk?''
A.-"No, but had been drinking and
might have been a little under the in
huence OF liquor
Q.-"Did you hear anything that was
said by either when they stepped back
from the bar2''
A.-.'No."
Q.-'.Did anybody interfere?"
/ A+"No.''
Q.-"Did you see what Smith cut Bair
with %
A-"Butcher knife
Attorney Case then asked The county
attorney for the knife. Mr.. Hungate
produced a little short *skfnning knife. =
sharp as a razor. Mr. Case had the wit
ness wrap up the blade as he had seen
it in Smiths hand
Q.@"Did you see Bair struck?''
1,aa 4
somebody say, He's stuck him.
swung my head around just in time to
see Smith using a knife on Barr
| Q.-'Where did Smith go3''
Ale walked out the front door,
Q.-''Did he say anything.
! A.-"Not that heard"
O='sWhat became of Bair?''
Ale put his hand on his side and
walked out alone"
Mr. Hungate took the witness again
at this point.
Q.-"When Smith came into the place
on Norris street, did he say anything to
| your
A.-"No. but I offered him a dollar. .
Qz"Did he take it?''
A.-"No, he said he wanted It from
Bair."
The witness was then excused.
Told Nature OF Wounds.
DR.. H. H. Keith. who with DR..
Rhodes and DR.. McVey examined Bair,
told of the nature of the injuries. He
said that the stomach had been cut
in two places, the knife having gone
through both walls, and the intest1nes
were also cut in two places. After Balr
died an autopsy was held, and the alb
donen was full of clotted blood, and
very bad gangrenous condition also OBJ
tanned DR.. Keith. stated that such
wounds are ordinarily fatal
Ferguson Tells of Killing.
nv
the state. He lives in Central avenue
in North Topeka, and is painter ana
paper hanger by trade.
Ferguson told practically the same
as related by Lawson
Q.'sWhat did Smith do when he came
in and saw Bair?'
A-"Demanded the dollar and threat
ened to kill him unless he got it.
Q-"What did Bair do?'
A-''Told Smith to go get his gun
Q.1'Did Smith say anything? ?"
Ale said don't hit me, Tom
O="What did Bair say2"
Ale said, I amt going to hit
S09. o.-..D4d Bair nave anything in his
A.G~He held a glass Of beer in his
right hand
Ale cut Bair in abdomen twice
with a knife. "
Q.='What did Bair do2''
Ale put his hand to his side and
walked out without saying a word
Q.='What became Of Smith
Ale ran down the alley, and
saw him later on the avenue. He
didn't say anything to me
The defense then took the witness.
Q.-What did you go into this
joint for?"
A.-"Glass Of beer"
O.-"Did Smith say anything? -
A.@"He said he would kill Bair if
he didn't give the dollar back
The cross examination of the de-
fense did not shake the story Of the
witness
Third Eyewitness Testifies.
Jerome Newman, another eyewit-
ness. was called by the state.
O-"Dfd Bair make any attempt to
A-Z..No. he held a glass Of beer in