The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-16
IS SELF DEFENSE.
Plea of John Babb Charged With
Murder of Negro.
Hard Work to Get Jury as En-
tire Panel Exhausted.

Self defense will be the contention OF
the attorneys for John Babb, whose
trial on the charge of numbering Will
lam Smart was begun in the district
court today. Many jurors were excus-
ed for cause and in order to simplify
the question of opinion as to guilt or
intention Otis Hungate, of the counsel
for defendant, admitted that Babb had
killed the negro.
Hence there will be no attempt to
deny that on the night of October Is
1909. Babb, whose home is at Bedford,
Ind, shot and killed William Smart, a
Topeka negro, as a Santa Fe train
WeStbound, on which both were pas
sengers, neared Topeka.
Even that admission, however did not
simplify the qualifying of jurors and
the entire regular drawing and an ad-
ditional "A summoned yesterday were
exhausted without filling the box.
Three solid hours of examination or
the jurymen left the defense with two
challenges remaining. The sixth and
final challenge of the prosecution sent
the last juror from the list.
Judge Dana Immediately called for
the drawing of a special venire. 1t was
just noon when the last man was
thrown out. Repairing to the clerks
Office and summoning the sheriff the
names of six more jurors were drawn.
These are ]. H. Casson, Chas. F. Hardy.
Chas A Kline, r. L. Gamble and G..
w Gilkison. These men are being ex-
amined for qualifications this afternoon.
Negroes Barred From Panel.
The color line is being drawn rigidly
by the defending counsel, Otis Hungate
and D. H. Brannaman. Four colored
men were dismissed from the jury box
this morning. Many men prove to have
formed an opinion of the murder and
are necessarily dismissed by the court.
Jury VIII Be Composed of Farmers.
The jury finally accepted will be com
posed very largely of retired farmers
or men retired from other occupations.
In their eagerness for unbiased jurors,
R. S. NystrOm, of Swedish descent, who
complained that he could not under
stand English spoken rapidly, was pass
ed by both sides.
John Babb sat during the filling of
the jury box flushed and nervous. The
weight of the impending trial bears
heavily upon him. Since his prelin-
mary hearing, he has been out on a
$1,000 bond and has worked every
day in the Missouri Pacific shops at
Kansas City. He quit work to come
to Topeka only last night
The defense has dispositions regard
ing his good character from the may
or, sheriff, county and other officers
and prominent men of Bedford, Ind,
all of whom, it is claimed, were ex-
tremely eager to express their high
opinion of the young mans character
and reputation.
States Star Witness Arrives.
J. F. Snare of Derby, Kansas, whom
it was feared by the prosecution would
not reach Topeka, arrived today He
is the star witness for the state, being
a white man. The colored porter on
the train, William McWilliamS, is an
other witness of great value to the
prosecution. The testimony of these
two men in both the preliminary hear
ing and the cOroner's inquest Offset
other testimony so far as to confuse
the testimony and cause the action to
be carried to the district court.
Associated with County Attorney ].
J. Schenck in the prosecution are his
assistants, w. E. Atchison and A. j.
Bolinger and w. l. Jamison, who first
was almost connected with the de-
tense.
Case Will Be Hard Fought.
The case will be one of the hardest
fought battles in the Shawnee court in
years The trial probably will not
occupy so long a time as many others
though a score or more of witnesses
will be examined and as many deposit
tons read.
The court room was filled today
with friends on both sides. The sister,
present. Babb was supported by no
relatives. The larger part of the
crowd, however, were railroad men in
terested in the fate of John Babb. The
defendant is a member of the Broth
erhood of Railway Employees and is
receiving much support from the or