The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-06
TO PRISON
Scott Gabbie Pleads Guilty to
Killing His Baby.
Indications Are He Didn't Try
to Kill Infant.
JUST "DROPPEDo 1T.
Did This to Run After His
SQuaw.
She Was Trying to Get Into a
Negro Resort.

Scott Cable, the Indian charged with
numbering his baby on the. streets of
Topeka August 80, of last year. was
found guilty of manSlaughter in tile
third degree at 2:45 o'clock today.
When the state had concluded it's intro
duetion of evidence. the Defendants att
torneys offered to let their client plead
guilty to that charge. This was salts
factory to the state and Judge Dana
ordered the jury to make a finding ac-
cordingly.
In giving his instruction to the jury,
Jude Dana, said the evidence of the
state failed to show any intent on the
part of the Indian to kill his child
and that the ends of the law were fully
SubServed in d finding of third degree
or second degree would have been an
/ impossible finding.
Almost Immediately upon the reading
of the verdict, Judge Dana pronounced
penitentiary sentence upon the Indian.
The sentence is an indeterminate one
not to exceed three years in the peni-
tertiary.
Stories of Eye Witnesses.
The trial of Scott Gabbie, the Indian
of the Mayetta reservation, charged
with numbering his infant child Au-
gust 80 of last year, was begun in the
Though the state has not yet intro
duced half its evidence, cross examin-
alton of the witness has thrown quit
different light upon the killing.
It may be proven by the defense
that the drunken Indian accidentally
dropped the child. The report that he
swung the baby by the heels striking
it's head on the sidewalk has not been
substantiated today. The prosecution
undoubtedly will be hard fought by A.
E. Crane and E. D. WOODBURY., able
criminal lawyers of Holton, employed
by the Indian.
Several witnesses for the state testi-
| fed, however, that the mother cried
out, ooh, he has killed my baby That
exclamation is expected by the prose-
cution to show sufficiently that Gabbie
was possessed of vicious motive.
ODE Miller, negro who lives at 302
East First street, was the first witness
called when a jury had finally been
empanelled. He said he saw the baby
strike the walk and that it happened
directly in front of his house.
Did you see the Indians coming
| down the street toward the east %
| asked County Attorney Simon.
Eyes, sir
Were they quarreling ?"
"They seemed to be having trou-
what happened in front of your
.'They stopped there. The woman
ped the baby and ran after her.. He
hit her. She ran back to the baby and
cried, He's killed my baby!'
Now. Gabbie was carrying the
| baby was he %
Yes, SIR
teWhat did the mother do when she
reached the child?'
''She picked it up, but Gabbie took
| it away from her. and walked away
with it,
Did you follow him ~
/ yes, a crowd followed him down to
Madison and up through an alley
| back to Quincy street where he was
arrested
| What did the woman do?''
when he took the baby away she
leaned against a eolored woman and
just cried, He's killed my baby"
| Cross examination was by Mr..
! WOODBURY..
You say the Indians were quarrel
| lingo
Yes
bic ~
Eyes, she hit him.
WAS Gabbie. this defendant, intox-
Eicated2"
HE looked to be pretty FULL
WAS the woman drunk 2''
well, she didn't seem to be as full
as he was"
Now. did Gabbie throw the baby
down or did he just drop it when
he started to run after his wife %
| He Just dropped it,
How was he carrying ii? %
In his arms
Did its head strike the sidewalk
f1rst?''
81 believe it did"
"Gabbie just did not pay any atten-
ton to the baby when his wife started
| to run, is that right?''
Yes. that is what it looked like
Apparently he forgot he held II