The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-02-25
Story of Visits to the Rooms of
Charles Smith.
PUT HIS ARM AROUND HER
When She Objected He Slapped
Her, Pearl Says.
Preliminary Hearing in Statu-
tory Offense Case.

attempt of Charles Smith, a One-armed
piano player, to commit a statutory
offense against her. Pearl Higginbot-
| tom, 13 years old and pretty, went
on the stand in the court of Topeka
| this morning as the principal witness
against Smith. When the preliminary
hearing came up before Judge Fish
er, Rad Lee, deputy county attorney.
submitted to the court an amended
complaint charging an attempted stat
utory offense. Smith was arrested on
a warrant charging the actual COM
mission of the crime. The amendment
was allowed by Judge Fisher and tes-
timony of the girl and her mother was
taken. D. D. Mote, who with Ed
Rooney, is representing Smith, waived
testimony for defense. Then W. IL:
IAtchison, county attorney, appeared
IN the court room and asked that the
complaint be amended again to read
as originally charging the commission
of the crime. Mote objected us the
| defendant had been tried on the
charge of attempting the offense:
Judge Fisher adjourned court until
afternoon at O'Clock when the mat
ter was threshed out.
Owing to the nature of the case, the
court room was cleared during the
preliminary by Judge Fisher The
room was packed with spectators in
expectancy of racy testimony when
Judge Fisher made the order. Mar
shal Frost cleared the rooms and al
though the crowd was orderly in i'll
ing out protests of dissatisfaction were
heard among the would-be listeners
after they were once outside.
Her Mother TestifieS.
Mrs L. B. Higginbottom, mother OF
the girl, was the first to take the
stand. She testified that her daugh-
ter was 13 years old. Until a rev
days ago Mrs. Higginbottom was eu-
ployed as cashier and musician at
the Best theater, she said. She said
Smith asked her once about the age
of her daughter She said she saw
her daughter and Smith talking To-
gether at the Best.
Then the girl took the stand. Rad
Lee began the direct examination. -,
| She testified that before she ram
away to Grove, Kan, where she WAS
found with Hazel Gardner, age il,
ldressed in boys clothes she was a pu-
nil in the Fifth grade at Harrison
school.
Yes"
since before last Christmas. when
mother worked at the Best as cashier
and piano player"
You went there?"
Yes, about once a week
When did you first meet Smith ?"
Met Him Before Christmas.
quite a while before Christmas
You talked to him.
Yes"
who would start the conversa-
tions?"
.'Mr. Smith,
Ever go anywhere with Smith,
| NO
Ever go any place where he was?''
Yes to his room on West Sixth. y
why did you go?"
| ssHa told me he had something to
show me-
.'The first time you went there, who
was there?"
The landlady and Smith,
After she left after you came in.
was there anyone besides you and
Smith there?"
No"
What did Smith do and say then ?''
He put his arm around me and
told me how nice I was
Was there anything offensive
them"
No"
Ibid you go again ?''
Yes, few days after that
who was with you?''
Others Were There.
Susie Zelington."
Anyone else there?''
ED Delaney"
The girl stated that Smith indirect
him no. she testified. And then ]
, left"
did you go again?''
"Yes, three or four days later
''Why?''
! He said he was sorry and prom
ised not to act that way again.
There was another girl with me
when 1 went the third time" explained
the witness. When We got to Mr.
Smiths room she combed her hai1
and went out. ! went behind the
door"
2 1t was then the girl said Smith came
/. in and made the attempt to commit
r improper acts. She claimed to have
t struggled but made no outcry.
Il refused she said, "and he
slapped me-
D. D. Mote then took the witness
for decentralization. Under Notes
questioning the girl stated that
Smith asked the other girl in the
room to go OUT
why did you go up to Smiths
room ?'' asked Mote
. Because I cared for him.
Did you ever ask him for money p
Asked Him for Money.
Afterwards 1 told him 1 had ought
} to have $5.''
! Didn't you accuse him and threat
l en- to tell on him if he didn't give you
money"
: ''I told him I would tell"
) Whom were you going to tell?''
: Il don't know
! What did you want with the
: money!
! ITO go away (The girl stated thar
, the demand was made short time be
| fore the Grove escapade)
= Did you ever tell on him?f
I Il never told anyone except Haze
r Gardner and she told mother"
| fCoufiuuad Ioo1a