The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-11-05
HOW He SHOT HIM
j. F. Snare Tells Story Of Smart
Killing.
His Account Makes Situation
Bad for Babb.
TRYING TO GET AWAY
Illustrates to Court the Firing
of Revolver.
Effort Made to Break Down
Snare's Testimony.


The preliminary hearing of John
Babb charged with the murder OF
VIM. Smart. negro, on Santa Fe
train is being held today.
After a separation of the witnesses
asked by Joseph Reed attorney for
the defense, DIR. H. H. Keith, coroner,
was placed on the stand by the coun-
ty attorney, j. ]. Schenck. The cor
oner testified that Smart was not who'll
ly unconscious when taken off the
train, but that he was unable to tell
who shot him.
DR. Keith held post mortem ex-
animation of the body of William
Smart and was asked for his findings
with regard to wounds. I'VE round
three" he answered. "One struck In
the left jaw about half way up the
face and ranged down through the
neck and body. That caused death.
It severed blood vessel in the neck.
Another. struck near the center of the
back, hitting rib and glancing down.
1t did not go into the pleural cavity
at all. Another one struck the ne
gro's back, Also"
Snare Important Witness.
The most damaging testimony of
the preliminary against the prisoner
came from ]. E. Snare of Derby, Kan.
He was a passenger on the train No.
IT, October Is, as it came through
Topeka. He was placed on the stand
by the prosecution. His testimony was
to the effect that he had been lying
crosswise in his seat in the smoking
car. Smart sat in the seat directly in
front of him, then moved directly be-
hind him with white man named
Browney, one-armed man. Babb
was standing in the aisle smoking
when he first saw him, and near the
seat of Smart Smart and Browney
were drinking and Smart offered
drink to Babb, who refused, replying
that he had whisky of his own.
1.-THE first thing knew said Snare.
''Babb threw his bottle and it broke
into fragments on the window casing
two inches from my head" Snare in
sisted that the negro had not said =
word and had made no disturbance and
had not offered to defend himself but
that he did rise up and Babb knocked
him down and beat him until the col
ored man hid his head between his
knees when Babb struck him several
times more on the neck. He was not
vestibule, but he had gone there for q
drink when the shooting began.
Did you see the shooting?' he was
asked.
Il did,
Take this revolver" said County At
torney Schenck, handing him ssabb's
gun. "and show us just how the shooter
stood"
Snare arose dramatically and point
ing the gun almost directly downward
posed there.
The self defense plea would have lit
tie weight if it is true that Babb was
pumping lead into the negro while the
latter was trying to get away. Snare
said after the first shot he saw Smart
duck into the south vestibule and try TO
get away.
The testimony of Frank McWilliams,
the porter, who testified in the inquest,
was allowed to go in as it is and thus
save time
Break Down Snare's Story.
In the cross examination of Snare.
Special Agent B. F. Wood who inter
viewed half a dozen passengers at the
time of the shooting. In that report l.
is recorded that Snare did not see the
shooting in the vestibule and only knew
that the whisky bottle was smashed
near his head. He denied that inter-
view this morning.
Mr.. Wood was placed on the stand
TO prove his report to the company ana
she substance therein, and though he
moment. he said he wrote it directly
afterward in the Pullman car and
tould there, on the stand. tell every
tting in it. His memory was taxed by
the county attorney but not found
wanting.
Frank Cramer, a passenger of the
chair ear Immediately behind the
smoker. testified that he had been
awakened by the sound of SCATTERING
glass and that as he opened his eyes
he heard shots and saw smoke Tnen
he noticed glass strewn UP the aisle
rast his seat. Babb had been sitting
IN the seat in front of him after the
first row in the smoker and it was his
belief that the bottle had been hurled
at Babb, broke, and scattered over the
floor He did not see the shooting or
the shooter.
Babb's Companion Testiffes.
Thomas Tannehill, with whom Babb
had been riding in the chair car, says
he awoke at the shooting and Babb
walking in said, give shot a niger,
I'm sorry but I had to do it." The
witness swore also that neither he nor
Babb had a grip of any kind so Babb
must have carried the gun on him and
not in a grip as before stated.
Members of the police force who as
sisted in removing Babb and Smart
from the train were called to testify
ny the defense Smart was notorious
lad character in Topeka and Kansas
City according to the record in the
memory of the police and it was hoped
TIC show he had been the aggressor
both by nature and in fact.
Judge E. K Simon, of the court OF
Topeka, this afternoon held John Babh
for trial in district court without bail
His hearing will be during the Janu-
uary term of court.