The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-06-13
Mrs. TObin Gives Sensational
Evidence in Smith Case.
Says ROSsviIIe Farmers Heirs
Were Defrauded.
CHARGES AGAINST THE WIFE
Ten Girl Compelled
to Work in Fields.
Sons, Men Then, Whipped
With "RIacksnake."

Mrs. Pat Tobin. of Della, threw a
sensation into the trial OF the q A.
Smith case shortly before noon TO-DAY
when she related a conspiracy on the
part of Smiths wife to gain possess
sion of the big Rossville farm and de
fraud Smiths children of their right
of inheritance. The testimony OF MRS
Tobin was this afternoon corroborated
by that of her husband.
1t was a few years after the West
Virginia schoolma'am married smith
that the Tobin incident occurred. The
details of that conversation are the
mainstay on which the plaintiffs-three
minor children-hope to recover pos
session of the farm which their rather
and stepmother decided without con-
sideration in 1907.
Mrs Smith came to my house one
dav." said Mrs. Tobin in the course
of her examination, land told me she
wanted to give Pat deed to the farm
She said he could hold it few months
and then deed it to her"
They Were Friends Then.
At the time of this conversation
Tobin and his wife were living in Ross
Vile Mrs Tobin was Mrs. Smiths
warmest friend and the two women
visited often. Both were Catholics
Under a searching cross-examination
Mrs. Tobin was mistaken in her testi-
mony.
Added to the story of a conspiracy
to defraud the minor heirs, were the
sensational stories this afternoon by the
minor children. They told of the cruel
and heartless treatment in the home
after the new monther came and rela-
ted incidents of abuse at the hands OF
the father, who was encouraged in his
treatment by the young wife
Children Tell of Cruelty.
Alton and Ronald Smith, the two
sons. told of their labors on the farm
Both plowed corn and worked early
and late to help accumulate the wealth
which Smith possessed at the time of
his marriage to Kate Conley. 1t was
after their step-mother came, they
said, that they were numerically
beaten and abused. To escape this
treatment, the elder of the sons ran
away from home.
when we told father that we had
not done the things for which we were
whipped" said Ronald Smith. father
would say, Katie said so-Katie's u
Catholic-and Katie don't lie
The witnesses said that Mrs. Smith
pretudiced her husbands mind against
the children. told of misdeeds that were |
never committed and brought about an
ill feeling that before had not existed
in the home.
Late this afternoon pretty May
children, told her story to the jury. |
The girl is 16 years old. When only 20 |
years old. she said. her father and !
step-mother compelled her to work in |
the fields, where she followed culti- |
vator all day under a burning sun.
In the fall and winter she helped her |
father saw wood. Because of her work |
or the farm, she was often late at |
school. She told her teacher of the |
conditions in the home, she said, and |
the teacher promised not to discredit |
her work because of the late arrival in
the school room.
Wore Marks for Days.
Then conditions grew worse and the |
girl planned to run away. Because of |
her fathers weak mental condition, |
he believed the stories that his wife
told him and the girl received many
unjust whippings. Once the father !
had whipped the elder son with a |
"blacksnake'' and som etimes May wore
the scars and bruises from her whip |
pings for days.
One day the girl wrote a letter to
Mrs. Thorpe, then police matron. She |
told the Topeka woman of the abuse |
her to help her. Mrs. Thorpe went to |
Rossville and brought the girl to To- |
peka. Later she was sent to the or
phans' home. After remaining there
home of DR.. and Mrs Kemper of Ma
pie Hill.
Other witnesses today said that the
Smith farm was worth $4,000 and |
tnat S1,OOO year was 1alr rental
value. Several experts were called |
this afternoon and testified as to
Smiths mental condition, their an
swers being based on hypothetical
questions by the plaintiffs.
The case will not go to the jury
until Saturday. More than a dozen
witnesses will be used by the defense.
The plaintiffs-the three Smith chill |
dren-ask that an alleged pretended |
deed of the las acre farm to Mrs.
Smiths brother be set aside and that
they be given judgment for rents in
the amount of $500 a year since the
transfer. They also ask that the mar
riage of their father to the West Vir-
ginia woman be set aside and that she
be denied any right of inheritance.