The Topeka state journal., 1906-04-30
FIRST DECREE II IS
Oliver Smith Found Guilty Of
Murder.
Jury Says He Killed Thomas
Bair Deliberately.
nTT A LONG TIME.
OUT A LONG TIME.
mas Simply Question Of
Degree.
Defendant Must Go to Prison
For Life.

oliver smiths sensational defense
that Thomas Bair had betrayed and
ruined his daughter, had no weight
with the Jury which after being out SIX
hours. returned a verdict on Saturday
night at 1890 O'Clock of murder in the
drst degree.
The prisoner sat alone with Sherln
Lucas when he heard the clerk read
the result of the Jury's deliberations
sfWe find the defendant guilty OF noI-
der in the first degree
Smith scarcely looked at the jury OF
ct the court, or anyone else IN the
room. Just one swift glance, and then
he dropped his eyes to the floor ana
sat motionless and immovable He sank
little lower into his chair, and had TO
Be prodded on the shoulder several
times by the sheriff, before made 70
understand that it was time for him to
feturn to the jail. He walked out rath-
er unsteadiIy. but without looking back.
It means hard labor for life in solitary
confinement. In other states it would
be hanging, but Kansas does not pun
ish it's murderers in that way
Mrs. Thomas Bair. the wife OF me
murdered man, walked up to the jury
box after the verdict had been given,
and shook hands with each member as
he fled out of the box. Mrs. Bair was
at the trial steadily from its commence
ment, and during the long vigil wnile
the jury was out from until 1U.oV
o'clock Saturday afternoon and night,
she sat in the court room, awaiting the
three sounds of the buzzer, by which
jury tells that it has arrived at YER
dict.
Smiths wife and babies were not
present, as they had been through the
whole trial They left about o'clock
Saturday afternoon, with the majority
of the people who were waiting Most
Of the spectators thought that verdict
would come within an hour after the
jury went out But the jury hung upon
the degree which to return. On the nrsI
ballot the result was unanimous that
Smith had committed murder. The jury
did not believe that he was insane,
neither did it take any stock in the de-
tense that Bair had ruined the defend
ants p year old daughter. This charge
was too fimsily sustained Not enough
direct evidence was furnished concern
ing it. The second ballot which the
jury took was on degree. Eight stood
to return a verdict for murder in the
first degree, and four for the second
It took from o'clock until 10:40 for
the eight to convince the other four that
the verdict should be first degree. TWO
were Won over about clock, and the
remaining two. a couple Of hours later.
The jurors believed that the only
cause for the killing was the fact that
Smith and Bair had duarreled over a
dollar bet in a pitch game, which they
played in a North Topeka joint. On
March :, the two met in a place called
Green's joint in North Topeka. They
bet a dollar on a game, Bair got four
points in the first hand and claimed the
money. Smith refused to give up, and
a fuss resulted. Bair taking the money
About half an hour later the two met
at ia West Norris street Smith de-
manded his dollar. and Bair refused tC
give it up, whereupon Smith stabbed
Bair twice in the abdomen with q
skinning knife Bair died three days
later at Christ hospital
Hib Case. who defended Smith plead
ed that Smith was insane from worry
because he believed that Bair had ruin
ed his q year old daughter, who gave
birth to a child at Crittendan Home or
Monday night. But the story was MOI
sustained. 1t was proven that Bali
was not in Topeka at the time in ques-
ton. The Smith girl failed to recogniz,
a photograph Of Bair which was showI
her at Crittenden Home. She made
deposition, but it was such an incoher
ent affair, that the defense did not risl
introducing it to the court and the jury