The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-10-21
HELD FOR MURDER
John Babb and VIM. Tannehill
Must Answer.
Testimony of Negro Porter
Placed Them in Bad Light.
VERDICT WAS SPLIT.
G. w. Jackson, Colored, Dissent
ed From Finding of Others.
They Held That the Shooting
Was Unsuitable.
VERDICT WAS SPLIT.

Information charging John Babb and
William Tannehill with murder In the
first degree was sworn to last night by
Lena James, sister-in-law of William
Smart, the negro killed on Santa Re
train between TecumSeh and Topeka
Monday night. with the result that
both were placed under arrest. and are
today incarcerated In the shawnee
county bastile awaiting further action
Following the inquest held by Coroner
H. H. Keith, jury of six men return
ed a split verdict G.. w. jackson, a
negro, dissenting in the intention OF
the other jurors to exOnerate Babb' on
a self-defepse plea.
An interesting coincidence in connec-
ton with the inquest was that all the
damaging evidence against the railroad
man who shot the negro, was given
by negro porter who witnessed the
affair, also it was the only negro on
the coroner's jury who held out that
the shooting was not a justifable one
Gone in self-defense.
The verdict of the coroner's jury fol-
lows:
THE said jurors upon their oaths do
state that The said William Smart came
to his death by being shot on an A.
T. & S. F. train between Tecumseh
and Topeka on the night of October Is.
and we further find that John Babb
was justiffable in shooting William
II. self-defense.
"I G. w. Jackson. disagree with the
above verdict and do not believe the
shooting justif1able-
Fired H Jewell. foreman; P. H.
SCuther. Calvin Brewer. William NJ.
Stewart. George A. Heron, G. w. Jack
son, Jurors"
McWilliams' Damaging Story.
During the evidence at the coroner's
inquest all was well for Babb until
Frank McWilliams. negro porter on
1rn1 rnf
out the damaging evidence that resulted
in the arrest of both Babb and Tame
hill
According to McWilliams a drink
was offered Babb by Smart who re-
fused, saying that he would not drink
with niger Smart answered
with a vulgar expression, and Babb
jumped on him." said the witness,
striking him about the head with his
fists 1 separated them and told Babh
to go back to the chair car where he
had been sitting. Then he started to
go. At the door he turned back, but I
again told him to go, and he did So AS
1 went back in the car Smart had gone
ahead to a seat where he had pack |
age, and returning was coming toward
the rear of the smoker.
II tried to stop him but he went on |
out. AS he was about half way across |
the vestibule Babb came out o; the |
door of the chair car carrying a re- |
and threw whisky bottle at his head. |
Babb lodged the bottle and began
shooting
McWilliams testified that during a |
conference before going into the chair |
car. Babb had told witness, that he |
would kill the niger Further testi- |
mony of witness was that Babb return |
ed to his seat in the chair car and |
also returned the gun to Tannehill, |
after which he was told to keep it. Nc |
Williams also testified to having heard |
Babb tell Tannehill that he had KILLED |
a niger, but it don't cost anything to |
kill a niger
Assumption that Babb after his first |
conflict with Smart returned to the |
chair car and borrowed TannehilPs |
gun, and then started back to kill |
Smart as he had threatened in McWil- |
liams' presence to do, will form the |
basis of the prosecution against the
two men. Thus will the Shawnee coun- |
ty authorities seek to prove murder in |
the first degree, on the ground that the |
killing was premeditated, and that
William Tannehill was an accessory to |
the crime. Both men were committed |
to Jail without bond.