The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-11-22

mo, E. c. Clark asked me to sig1
it
Did you say anything about this
tarring while you were walking along
yes, I said I hoped to God they
The crowd in the court room today
is greatly reduced over what it has
been the past two days. Every seat is
taken, but there are no spectators
standing It is believed here that the
case will be ended and verdict re-
turned by tonight
Reach Arguments Today.
Closing arguments in the tar party
| case will be reached late otday it was
! predicted at the opening of court this
! morning. The state rested it's case with
the testimony of Mary Chamberlain
Tuesday and before the evening adj
! journment IL of the defense's witnesses
/ had been heard
now on trial, resumed the stand at the
/ opening of court today. The plan of
/ the defense was to follow his testimony
with that of the other two accused
men, Sheriff. Clark and John Schmidt
Only q few more witnesses. if any other
than these will appear, 1t is understood
1t is possible that Miss Chamberlain
will be called to the stand for further
interrogation. A letter in the possess
sion of Everett Clark which came from
former friend of the young woman
is regarded highly by the defense, and If
an attack is made on the character OF
the girl as is expected an ef1ort may
be made to get it into the record.
Letter to Clear Them.
On the night of the tarring. it is
said, Clark held this letter aloof and
said: Boys, here is letter that Will
clear u.s.
Its contents have never been made
known in court. The main line of de-
tense to be followed throughout. how
ever, is that Clark, Simms and Schmldt
were not at the "tarring' and therefore
that although they both knew 1t was 70
take place and started to the scene or
the crime they were not actual parttcl-
pants and should be freed.
The closing argument for the state
will be made by Prosecutor W. w Nc
Colonel David Richie. ]. c. Milli-
gan and J. J. McCurdy will follow for
the defense. The last argument will
be made by S. NJ. Hawkes. of Topeka,
assistant attorney general of Kansas.
Defense Starts Testimony.
The different viewpoints of the
plaintiff and at least one of the de-
PENDANTS regarding the case, stood out
plainly when the defense offered the
testimony of James Booze a few min
utes after Miss Chamberlain had fin
ished her dramatic story.
Booze started to the 'tarring" but
did not reach there.
'fWhy did you wish to go" he was
asked by Prosecutor McCanles.
II just wanted to see the fun" he
replied.
putting tar on Miss Chamberlain ?"
Yes"
Booze is under arrest. but not on
trial now. The three defendants now
A N. Simms and John Schmidt, !
charged with completely in the assault |
On the witness stand Simms re-
viewed the conversation the party had |
at the E. c. Clark mill
Knew Holdup Was Intended.
ct heard them say it was the inten- |
ton to hold up Mary and Ed he said. |
I'VE engaged in a general conversation |
about the girl, and Chester Anderson |
said 1t was the plan to catch the couple |
in a compromising position at desig- |
mated place."
did you talk about Mary?"
yes, I suppose I did,
You had talked about her before?' !
Eyes her reputation was not the !
best
what did you four men say when
you started up the road toward the
scene of the assault?'
1--WE said we didn't think they would
do anything
Did you want to see anything done?'
Simms Would Have stopped 1t.
mo, sir. If I'd been there and it would
n ItS been possible ID nave stopped
Couldn't you have stopped them?'
You couldn't have stopped those fell
lows with a Gat1ing gum
did someone in the crowd shout to
Ed Schroeder as you passed his house?"
Wife Keeps Schroeder at Home.
Yes, I think 1T was John Schmidt;
he asked Ed to go along. He said he
could not, because his wife would not
let him.
Simms then told of how the party,
hearing motor cycles coming, decided
the attack had failed and the boys were
returning, so they sat down in field
I'm few minutes said simms, he
and his three companions. deciding the
'tarring'' had not been done, started
back to Shady Bend. While they. were
walking along the road, Ricord and
Miss Chamberlain, who were returning
20 Shady Bend. following the attack,
1rove past them.
No Warning to Give.
Ibid --ou warn Mary that she was
n danger?'' he was asked.
mo, I didn't think it necessary, as
hey were returning to Shady Bend"
answered Simms.
Shortly after the couple passed in the
buggy, the four pedestrians we're over
aiken by some of the members of the
Ibid they tell you anything about
What had been done?' the state asked
Yes, someone said tar had been ap-
1lied to Mary" replied Simms.
Simms could net remember who told
i'm the "tarring'' ha6 been accom-
)lished.
Miss Cham berlain was asked if she
lad not stayed at Green's house when
Ter mother, who is his housekeeper,
vas absent. She denied she had.
Did these men treat you roughly % .
iueried Attorney Richie.
They were not very rough, but 1
uttered i'll effects from their treat !
nent."
s'Didn't you testify in a Justices t
curt hearing in this room that you I
we're not injured?'
mo, sir; said no bones were
roken."
..rAia h. 4oa-. r-o1,,- c1othas that is |