The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-04-26
Denies He Intended to Kill Car
Conductor.
THREATENED WITH "BILLY"
When He Was Leaving Car, He
Declares.
Under Peace Bond for Shooting
Brother, He Admits.

NJ
James Dunford went to the stand
today in his own behalf to tell of the
shooting of Joseph Drake. the street
car conductor. Time after time Dun
ford told the jury that he was afraid
of the rather frail. sickly looking
street car employee and that he believ-
ed himself in danger when he fired
the shot that nearly ended the mans
life.
Towering head and shoulders above
Drake, the spectators were given a
contrast of the physical prowess of the
wiry six foot defendant and the boyIsh
looking complainant as Dunford walk
ed to the stand. Dunford needed lit
tie coaxing to tell of his fears of the
billy which Drake held in his hand at
the time of the shooting. The witness
went rapidly over the events of the
early evening and the incidents that
led up to the near tragedy. He said
he boarded the Quinton car at Sixth
and Kansas avenue in company with
his brother, William Dunford, that he
believed their demeanor on the car
was that of gentlemen. The witness
said he was not angered by the actions
of either Drake or Fireman Moray
and that when the shot was fired, he
believed himself in danger and felt
called upon to defend himself.
did you converse on the car with
anyone but your brother?" Dunford
was asked.
ST did not" was the reply.
when were you accosted by any
one?''
Near Eleventh and Kansas avenue.
The fireman came to US and said there
were ladies on the car and not to talk
SO loud. After that we talked in low
err tones.''
County Attorney Simon kept pepper
ing Attorney Jamison with objections
because he was leading the witness
and the court told the lawyer to
change his tactics.
Threatened to Put Them OF.
For the benefit of the distinguished
county attorney" said Jamison, tell
what was said when Drake spoke to
you at the Douthitt switch.
HE said we would have to quit
swearing or he would put off,
did you talk lower then %
Yves; and told my brother to do
Were you disturbed again until you
left the carp"
mo"
Some witnesses have said that after
the car left the Douthitt switch that
you changed your revolver from one
pocket to another; is that sop
cit is not
what did you do when you left
the carr"
s'Fhe car hadn't stopped but a sec
end. Bill was in front. Then 1 met
the conductor. He kept shoolng me
along and says Get off. get off. -
Before that time had you seen any
weapon in the conductors posses
Eyes. Some kind of billy. He
changed it from one pocket to an
Dunford said he was two or three
feet from the door when Drake began
to hurry him to leave the car. The
conductors actions, he said. were such
as to make him uneasy and for this
reason he backed onto the platform
instead of turning his back to the car
man.
9Were you already getting off the
carr"
II was"
what did you do?"
HE kept hurrying me off. I saw
that billy in his hand. All the time
he kept hurrying me. It made me a
Says He Was Scared.
do you mean you were scared 2?
yes, was scared. AS L sided
away, he kept following me and says.
Get off; hurry up or I'll put you off,"
HE kept pushing me and talking
and I says, You are pretty small
man to say so much 3"
why didn't you turn your back to
him and walk off %
II saw that billy. He kept shooting
me and I was afraid he would hit me.
got almost to the iron rail, then
his hand flew up just ike that. he
had the billy in his hand"
s'Then you shot?"
Yes, I shot
ssWhy did you shoot?"
st was afraid"
ssDi you intend to kill hirn?"
ct did not
How many shots were fired?"
"One.'
was there anything to prevent your
firing more shots?"
mo, there was not
How many shots were left in the
=un?''
Two
s'Was Drake above or below you
when you f1red?"
HE was standing above me in the
car
His Record Causes Trouble.
Then Dunford was asked about his
police court record. He admitted hav-
ing been arrested a half dozen times,
mostly for being drunk, he said.
in or nf1r1f