The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-05-06

whom he lived. The Roy Hale home is
near the Hoover home. Mrs. Rick also
testified that her son. Earl, is the own
er of seven different kinds of guns. Mr..
Waggener asked the witness if her
home was an auxiliary military post,
and she answered by saying.
Yes; we are getting ready for the
Japs.''
Undertaken Tells of Finding Wound.
w. H. Swain, an undertaken. was fol-
lowed by Mrs. Rick as a witness. He
is the person who first discovered the
bullet wound in Mrs. Hoover's head.
After Mr.. Swain had finished his tes-
timony, Mrs. Rick was recalled to the
stand, but she added nothing import
ant to the evidence.
Mrs. Bonnie Hale, wife of Roy Hale,
Carl Hale's uncle, was the next wit
ness. She and her husband were not
at home on the day of the tragedy.
She stated that Roy Hale had shot
gun and two rifles, and that Carl Hale
may have entered the room in which
the guns were locked. She added that
after Mrs. Hoover's dead body had
he took Mrs. Hoover's mail that morn
ing. and he replied to her that he did
not know why he did it.
Several times Mrs. Hale's testimony
confiicted with that of Mrs Rick. At
ter the attorneys had finished examin-
ing Mrs. Hale. the court adjourned
until 1880 o'clock in the evening.
The trial lasted until $3.50 O'Clock.
B. p. Waggener said after tonight s
session that the evidence now at hand
is purely circumstantial, and conflict
ing.
The first witness Wednesday even
ing was Curtis Newman. a 16-year-old
lad. who testimony was unimportant
except that it showed that the boys
and young men in the Hoover neigh
7, Of
ing and handling firearms. On the
Sunday previous to the tragedy on
March g. a number of young men,
among them Carl Hale. met at the
Roy Hale home and played with fire
arms.
DIR. Hubbard Linley, one of the
physicians at the autopsy. was the
next witness. He was unable to state
how long Mrs. Hoover had been dead
before her body was discovered:
Mrs Jennie Hale. an aunt Of Carl
Hale. was a witness, but gave no i'm
nortant evidence Roy Hale. her hus-
band. followed her on the
witness stand.
Roy Hale Tells of the Confession:
He said that on the second Sunday
after the killing, he together with the
sheriff and the county attorney, heard
carl Hale confess to accidentally kill
ing Mrs. Hoover. In his confession
Carl said that when he fired at sew
eraI dried peaches on a peach tree
standing about two feet from the
Hoover house one of the bullets may
have passed through bed room
window and thence through an open
door leading into the kitchen where
Mrs Hooyer,s dead body was dis
covered. No bullet holes were found
| in the side of the house. although
carl said he fired at the peaches four
| or six times Roy Hale was at Nor
| tonyille during the greater part of the
! day on which the killing occurred
During the night of the day of the
| killing, Carl Hale was at the Hoover
| house.
! Mr.. and Mrs. Anderson Whitley
/ ooiored neonle who live near the
Hoover farm. both testified that dur
| ing both afternoon and night of tht
day of the killing they noticed Car
Hale chopping wood. Most of the
| time that evening they saw him in the
public road near the Hale mouse
| That night Carl called at the Whitley
home and told them that some &C
| cident had befallen Mrs. Hoover