The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-04-18
MAY LET SMITH GO
Jury Appears To Be Unable to
Reach a Verdict.
Much Conflicting Testimony Is
Heard in the Case.

Since II O'Clock this morning a jury
in the second division of the district
court has been celebrating over the
fate of Charles Smith, a divorced man,
charged with a statutory crime against
Pearl Higginbottom, who was fourteen
years of age last month. The case
has been fought for two days before
Judge G. H. Whitcomb and has at
tracted large crowds to the courtroom.
After the jury had been out for two
hours attorneys around the court
house predicted the result would be a
hung jury; that the jurymen would be
unable to agree.
The case went to the jury about L
O'Clock this morning following the ar
guments of the attorneys for the pros
ecution and for the defense. Ed
Rooney made an impassioned plea in
which he blamed the father and moth
of Pearl Higginbottom for her sit
uation and for the fact that Smith was
on trial. Robert Carver, for the state,
followed him with calm and dispas-
jurors not to be swayed by the pas
sion and prejudice displayed by the
attorney for the defense"
For a fee." he said, IAN attorney
can take the defensive side of crimi-
nal case and do that, but the attor
neys for the state cannot They must
rely on facts and evidence"
In giving his instructions, Judge G.
H. Whitcomb made it plain to the jury
that 1t could not bring in a verdict
finding Smith guilty of statutory
crime against Pearl Higginbottom.
Under his instructions the most the
jury could do would be to find Smith
guilty of an attempt, punishable by
maximum of ten and one half years
in the penitentiary. and a minimum
of one day.
e Mrs Pope Called.
In order to throw a shadow upon
the story told by the little Higginbot-
tom girl the attorneys for the defense
called Mrs. c. S. Pope to the witness
stand.
do you know this girl?" was asked.
Il do
DO you know her reputation for
truth and veracity?"
rs it good?"
1T is not"
would you believe her under
oath?"
Il certainly would not" declared
Mrs Pope with considerable heat.
rs it not true" broke in the pro-
secution, that some of your feeling is
engendered by the fact that she once
charged your son with a similar Of
Tense"
She did make that charge against
my son. said Mrs. Pope, land it was
untrue"
Later the attorneys for the defense
brought out that before the Higgin-
bottom girl charged Smith with at
tempting to assault her she had made
similar charge against young Pope
and that when pinned down to facts
she had admitted it was untrue. But
on the stand today the girl reiterated
that the charge was true.
Kicne on the Stand.
L. L. Kiene, sheriff, was pla ced on
| the stand to testify as to the state
ments Smith had made when he was
| first arrested. Kiene stated that Smith
admitted having had the girl in his
| room but that he stated she was al
ways accompanied by another girl
| Kiene stated that Smith made those
statements to himself and Robert
Carver.
! Smith went right on the stand and
denied every word Sheriff Kiene had
| spoken He denied he had made any
| such statements to Kiene and Carver
| However, he fumbled with the denial
a fact to which the prosecution called
the jury's attention in the final argu-
ments.
alibi than upon anything else. even
/ though the prosecution declined to
state positively the date upon which
the alleged offense was committed.
Pearl Higgin bottom was positive in
! her statement that it was Thanksgiv-
ing day that she visited Smiths room
the occasion upon which she al
leges he attacked her. She made that
| statement numerous times during her
| testimony.
Decline to Fix Date.
However. Robert Carver and RAD
Lee, conducting the prosecution, de.
| clined to fix that as the date They at.
! tempted to show to the jury that the
girl might be mistaken in the date, ir
fact they stated that she must be mis-
taken, But the girl, their own wit
ness, was confident she was not mis-
taken
The Higginbottom girl stated that
she went to Smiths room at O'Clock
Thanksgiving day and left there per-
haps half an hour later: that the al
legged assault or attempte assault
took place in the meantime.
Mote and Rooney, for the defense
put witnesses on the stand to piece out
a story which, if truthfulIy told, made
it impossible for Smith to have beer
at the room at the time stated.
1t was shown by the defense that
Smith left the Best theater where he
was employed, at O'Clock. that he
boarded a street car in front of the
Throop hotel Immediately. and left il
at Tenth and Jackson street and that
five minutes later he was with numer-
Gus relatives and friends who were
giving a Thanksgiving dinner or
jackson street. Smith presented a per
feet alibi for Thanksgiving day and
that is the date to which the girl pins
her story.
.3as- M MIR UHa-Iha