The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-02-18
DIR. s. E. Smith Sentenced to
Thirty Days and Fined $500.
Found Guilty of Performing IL
legal Operation on Girl.
APPEALS TO DISTRICT COURT
Released on $1,000 Bond Fur
nished Mrs. HOrning.
Defense Let Case Go to Judge
Lee Without Testimony.

A fine of 5000 and thirty days i'm
prisonment in the county Jail was the
sentence pronounced this morning in
the court of Topeka by Judge Rad Lee
against DR.. Stephen E. Smith, S32
North Kansas avenue. charged with
performing an illegal operation on
Teresa Click. a 16-year old Wakarusa
girl. He promptly appealed the SEN
tence to the district court.
When the sentence was pronounced,
Joe Waters, co-counseI with John
Waters, attorneys for Smith, declared
it an outrage that the doctor Should
be placed in Jail. He declared that the
defendant would be willing to pay
$3.50 fine but that to place him in Jail
was an injustice to him and his
patients. County Attorney Fisher in
his argument before the court, said
that he believed that any man who
committed ouch an offense should be
placed in Jail and that he would not
recommend letting Smith off with a
mere fine. He reminded the defen-
dant's attorneys that when they talked
to him in his office a few days ago
that he would not recommend such
action.
After the sentence was pronounced,
John Waters said he thought Fisher
should recommend parole for Smith
and intimated that the county attor-
ney was "grandstanding." but Fisher
declared he would mot be bluffed''
but check the matter up to the court
as he thought it should be and leave
the question to Judge Lee. Smith ap-
pealed the case to the district court
and was released on a $1,000 appeal
bond signed by Mrs. Hattie r. Horn
ing.
Prosecution Used AffidaVits.
Seldom has a trial in the court of
Topeka attracted such a crowd. But
not one bit of testimony was taken on
the witness stand. No evidence was
presented in behalf of the defense and
the evidence submitted to the state
was in the form of three affidavits
previously taken by the county attor-
ney from Teresa Click, Tony Click, her
father. and Mrs. Una Sibel of North
Topeka, nurse who attended the
Click girl following the operation.
isSf4litl4yslhewever pleaded not guilty.
Doctor Smith was arrnsted January
| 10 on the complaint of Kate and Kill
maurs King, who found the Click girl
serious condition. According to her
affidavit, which was admitted as evil
dence in the case, she first told he1
father of her trouble about January
| 1 and stated that he brought her tC
| Topeka to consult a physician. After
consulting one prominent physician
| who refused to perform the operation
1 he took her to Doctor Smith. Accord
ing to her fathers affidavit. Smith told
him the charge would be $3.50.
Uncle Paid for Operation.
| Click 60 he could not raise the
money and Immediately wired his
brother. Peter Click, OF Plainville
Kan, who is said to be responsible fol
the girls condition, telling him he
would have to take some action in the
matter. Peter Click then came to To
peka, it was said, and arranged with
Doctor Smith to perform the opera
ton for a consideration of $3.50 She
was then taken to the Baltimore hote
in North Topeka. The girl stated thai
County Attorney Fisher and the Kings
! came to her room before Smith was
arrested and that, while Fisher was
questioning her. Doctor Smith came ir
and protested against the questioning
declaring that he thought it was un
fair to try to get a statement from
! her. She said Fisher told the doctor
that he had better not interfere anC
that Smith then left the room.
Una Sibel said she attended the
Click girl for about a week and tina
she saw Doctor Smith perform addi
tiona1 operations on her in the hote
room. The details of the case wert
given in the affidavits.
When the arguments of the attor
neys had been heard. Judge Lee stated
that the limit of punishment for sucl
an offense was year imprisonmen
and a $500 fine. He stated, however
that while a thief might be placed IL
Jail and suffer no great humiliation
he believed that Doctor Smith haC
already suffered considerable menta
pain. but believed he should receiv,
a substantial sentence.
Smith Popular Physician.
Smiths counsel pointed out that tn
doctor had been engaged in the medi
cal Profession for 27 years, of whicl
25 years were spent in one commun
ity at Granville, where the peopl
loved him as well as their preacher
They offered to introduce a "multitud
of witnesses" to prove this. Fisher re
piled that had the crime been charget
| against young man in the profession
, his ignorance might offer some excuse
but that doctor with 81 years expert
ence should realize the gravity of TAX
ing young girls life in his hands il
this manner and that all concerne,
wer very. fortunate that she still lives
else the charge would have been man
/ slaughter instead of a misdemeanor.