The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-10-03
Tells How She Once Prevented
Serious Trouble.
HOGAN CONFUSED BY SCHENCK
He Told Conflicting Stories on
Cross Examination.
Nervous and Tired, He Begged
Attorney for a Rest.

Possible physical violence to Hamil-
ton Hogan. accused murderer, by Will
liam Smith was averted by Mrs.
Josephine Hogan, in February this
between her husband and William
Smith as the latter started toward
Hogan with a pick ak in his hand.
That was the story told on the wit
ness stand by Mrs. Josephine Hogan
in her attempt to free her husband
from a first degree murder charge.
This is the sixth day of the murder
trial being held in Judge George H.
Whiteomb's division of the district
court.
Stories of prosecutions and insults
by Smith and the Smith family told
by Hogan on the witness stand
Wednesday were reiterated today by
Mrs. Hogan. The incident in which
William Smith. the man shot and
killed by her husband, rushed toward
Hogan with the pick ak and her action
in stepping between the two men was
the most sensational of any described
by Mrs. Hogan on the witness stand
late this afternoon.
How Quarrel Started
This quarrel, one of a series, oc-
Cured following the discharge of the
Smith boys from the section by Ho-
gan, Mrs. Hogan testified today.
Smith, she claimed, called at the Ho-
their discharge and then began to
start trouble.
Mrs. Hogan described the day of
the shooting. She told of Smith get
ting out of the wagon and taking
down the barbed wire fence in prepa-
ration to drive into the Hogan prem
| ises. She heard her husband call to
him to go back and avied trouble.
IT went out into the yard with my
baby in my arms" testified Mrs. Ho-
gan, land said
"'For Gods sake, Mr.. Smith, go
back and let's don't have any more
| trouble
He said:
"'Ge back into the house, yeu-'"
always Came to Premises.
Always, she testified. the trouble be-
| tween Smith and Hogan occurred on
or near the Hogan premises, Smith
| she declared, took his grievances to
the home of herself, her four young
children and her husband.
Mrs. Hogan's testimony was preced-
ed by testimony of neighbors, who
stated that Smith bore reputation as
a quarrelsome man. Their testimony
occupied the latter part of the morn
ing hours.
Hogan remained on the stand I'M
til 1890 o'clock in the morning under
going one of the most rigid cross ex-
| aminations experienced by a witness
| III the 0Lld vince County olsttlCs cur II
years. He went on the stand first a.
9 o'clock Wednesday morning and re
| manned there all day. During the aft
ernoon he became so nervous and tired
that he begged John ]. Schenek, ir
charge of the prosecution, to give him
rest. He was permitted five min
utes' breathing time.
| Hogan in the clever cross examina-
| ton by Schenck became confused. II
his direct testimony, he testified thai
he was frightened when he went te
the station after the shot gun. Or
cross examination he admitted he was
so mad he could hardly think of any
thing as he approached the hog per
where Smith, Uhl and Smiths sor
were loading hogs.
He also became confused in remem,
bering where Smith and Uhl were 10,
| Gated at the time he fired the frs
shot, telling many different stories.