The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-17
BABB CASE is ON.
Snare, States Witness, Tells Of
Killing.
Testimony Conflicts With That
of Negro Porter.
COUNSEL In TILT.
County Attorney Schenck and
Otis Hungate Get Warm.
Babb Will Take Stand in His
Own Defense.

With the testimony of J. F. Snare,
it's star witness, the state concluded
it's evidence against John Babb,
charged with murder, and rested it's
case at IL o'clock this morning. The
defense Immediately took up the in
PRODUCTION of testimony, first submit
ting and reading a volume of deposit
lions from NATION, Ill. where Babb
had been employed, and from Bedford,
Ind. his home.
John Babb, the defendant, will be
placed on the stand by his counsel
probably tomorrow morning. The an
nouncement that he would be subject
ed to the cross fire of the prosecution
indicates that counsel is sure of its
ground. There are many intervals in
the story of the killing of William
Smart, negro, on the Santa Fe train
which no witness has covered. Babb
himself seems to be the only man who
can fill the lapses in the connected
story.
The defendant still is alone. His
mother, who has been here on two
in Bedford, Ind. Babb faces his trial,
nevertheless, with growing calmness.
Snare's Testimony Helps Babb.
The testimony of j. F Snare, who oc-
cupied the witness chair for the state
for an hour and a half, almost totally
II
the negro porter, who concluded his
testimony this morning. McWilliams
in the preliminary hearing a year ago
obviously had been prejuGiced because
of the color question. His testimony
now scarcely harmonizes. But aside
from his own discrepancies, there are
two particularly glaring ones corrected
by Snare.
In the first place McWil1iams testi-
fed he had just previous to the shoot
mo IN h hull crfT 1er1 n
Smart to prevent him from going back
Snare testified that the porter was not
in the car at the time and that Smart
went with two companions voluntarily
to take another drink. McWiHiams
further said that after the first shot
Smart had crawled behind him in the
vestibule and hung onto his legs, press
ing his head against him while Babb
continued to shoot. Snare, who had
stood in the opening of the two vesti-
bules, said the porter had stood lean
ing against one side of the doorway
and that Smart fell directly in front of
the porter, face downward.
Negro Witness Was Worried.
On cross-exanination and for the
purpose of an indication of self-de-
Tense, Attorney Hungate asked McWil-
liams how far apart Babb and Smart
were when the first shot was fired.
The porter answered, 1.-TWO feet"
Prosecutor Schenck got him to extend
| 1t to three or four feet.
Mrs. w. E. Atchison, wife of Attor-
ney Atchison. assistant to Schenck.
was the stenographer who took down
the testimony at the preliminary. She
will be used as witness by the defense
| in an attempt to impeach the porter,
McWilliams' testimony.
Schencl1 and Hungate in Tilt.
| A lively tilt between Mr.. Schenck
and Mr.. Hungate took place at the
| conclusion of the McWilliams testi-
| mony. Hungate was cross-examining
in characteristic style. Schenck inter-
posed, you've got to stop your bull
| DOING" ne said.
| well, what are you going to do
about it?' retorted Hungate.
| Pm going to stop it, that's what I'll
| do about it," snapped Schenck.
| How are you going to do it?'' again
urged Hungate.
'I'n show you how I'll do it." reiter-
ated Schenck with redoubled vehem-
! ence.
'WelI. why don't you do something's"
nagged Hungate. other counsel sprang
forward, quelling the excitement in
! time to prevent history.
| J. F. Snare, a passenger on the train
| and in the smoker where the trouble
started, is a farmer living near Derby
| in Sedgwick county. He had taken the
| train at Kansas City. His testimony
| with the questions eliminated leaves
the story of the killing as follows.
| Snare occupied the third seat from the
rear on the north side of the car.
| Smart entered and sat in the seat
| ahead of him, sitting two quart bot
ties of whisky on the cushions. Soon
he got up and went to the seat behind
| Snare, where a colored man with one
hand gone named Brown, and an I'M
! known drunken white man were sit
ting. Smart turned one seat backward
| and the three occupied the double seat
| 1orOnirC CinCino and drinking R9hh
entered from the chair car in the rear
and stopped opposite the three drink
ers, lifting on the arm of the opposite
chair.
Negro Asked Babb to Drink.
Brother, have drink with me- the
negro, Smart, called to Babb extending
a flask from which the three had been
| drinking.
mo, thank you, rye got whisky of
my own" Babb answered.
At that Snare was turning himself IN
his seat so that his head rested against
the window casing and he could see the
parties and heard the negro hurl vul-
gar insults at the white man and a
bottle of whisky struck the window
Gazing just above Shares head, the
shattered bottle and its contents COW
ering him. The bottle. Snare testified,
had been thrown by Babb at the negro
and lacked but an inch of killing an
innocent bystander.
The defense claims that Babb had
simply knocked the bottle out OF
Smart's hands and one purpose of
putting the defendant on the stand
will be to substantiate that claim Al
any rate, Babb followed the breaking
of the bottle with leaping onto the
negro and beating his face and body
until pulled away by the porter.
Story of the Killing.
Babb then went into the chair car
About four minutes afterward, Brown
said to William Smart and theil
white companion. Come on, Bill. let's
take another drink on that" Smart