The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-10-02
Says Murdered Man Ran at
Him With Hand AK.
WAS ALWAYS IN FEAR OF HIM
Hogan Declares Smith Abused
Him and His Family.
Children Asleep on Floor Dur
ing the Trial Today.


jury. Hamilton went on the witness
stand at o'clock and at late hour
this afternoon was still undergoing
gruelling cross-examination by John
J. Schenck, who is assisting the prose-
cution.
Hogan's wife heard a. part of his
story. Suddenly she left the court
room and remained weeping in the,
corridor of the court house the re-
| mainder of the morning. The chill
dren. bright and happy during the
early hours of the morning, soon tired
of the strange scenes and lay down
| on the floor of the court room and
| slept. Hogan has four children, all
| under six years of age.
Tells of Threats and Abuse
| Hogan's story as told to the jury
| is one of persecution threats and abuse
from Smith and Smiths family ex-
| tending for twenty-three months and
up until the day of the shooting.
Abuse and persecution described by
| Hogan was directed not only at him
self but at his wife and children,
whom he claimed were called "Mexi-
cans" and ':Greasers'' by the Smith
| family.
Smith went even further in his at
tempt to even scores with Hogan, the
| accused murderer told the jury. After
humiliating the family, cursing Hogan
| and giving the young section foreman
twenty-four hours to leave town,
Smith went to the superintendent of
| the Union Pacific in charge of section
men in that district and attempted to
dislodge Hogan from his Job, the
young man told the jury.
A disputed bill, discharge of Smiths
sons from the section by Hogan and a
quarrel over the use of a we'll on the
Hogan place by the Smith children
opened the trouble which ended in the
| shooting, Hogan told the jury.
'T Was Scared of Him..
ct was scared to death of him and
| what ne might do to me for twenty
three months" Hogan told the jury
! time and again this morning. "He
told me he would get me and he told
others that he would get me''
| Hogan mentioned people whom he
claimed had warned him against
| Smith. He told~ of Smith calling at
his house and quarreIing with him
over a disputed bill. of Mrs. Hogan
| ordering Smith out OF the house, of
Smith and his boys hanging around
the Hogan house that day, of Smith
calling him unmentionable names, of
Smith telling him he would have to
leave town. All these incidents, de-
fear of the dead man and to nervous
ness and dread on the part of Mrs.
| Hogan.
Tore. Down Fence.
| Hogan described his actions the day
of the shooting. He quit work at 5
o'clock and began chopping wood near
the house. He saw Smith, his son,
John Smith, and George Uhl driving
down the road in a wagon He saw
| George Uhl forget out of the wagon
and bega1B tearing down the fence to
| drive past Hogan home #kA
Il told them to keep away and stay
out of trouble said Hogan. Uhl
walked back. but Smith swore and
jumped out of the wagon and took
down the fence
My wife came out and told them
to keep away. He called her a -
|" - and told her to mind her
own business. Smith never got back
into the wagon. He walked in front
of the team as they passed my house
My wife began crying
81 started for the depot. thinking
at first that I would call the sheriff
and have him keep Smith and his boy
off of my premises, Topeka was four
teen miles away and decided that
. couldn't get the sheriff in time
Il asked the station agent for his
shotgun, telling him L wanted to shoot
ducks. Then I went over to the hos
pen. l saw the wagon and shot at the
top of the wagon box to scare them
didn't see George Uhl then and
didn't fire at him. I've learned since
that he says 1 shot him in the nose.
A part of the wagon box which
stood about eight feet from the ground
was shown to the jury as evidence tina
Hogan hit his mark
The first I saw of George Uhl ht
showed up near the wagon and eran
l saw John Smith before 1 shot ant
l didn't fire at him. I shot merely t.
scare them. They didn't pay any at
tention when I asked them to go away
as they passed the house.
Smith Had an AK.
I sTTi7I o1d T0h1 Cr.o;tr, xxr.Y
Smith was near. He grabbed an a,
and started toward me He hat
threatened me. insulted my wife an,
| family. tried to get me fired and ha,
said that he would get me. wa
afraid he might kill me. I fired a
him and started home.
Il went up the path. I had gon
probably fifty feet and looked around
Smith was behind an clubhouse.
called to him to come out. thinking h
had had enough and was ready to quit
q. He began running toward me with tn
az in his hand. I fired again.
The defense in its examination con
tinually questioned John Smith an
Uhi concerning their actions after tn
first shot was fired. Both adnitte
they were running and did not sc
any of the fight for several minute
after Hogan's first shot. Hogan an
the dead man were the only witnesse
of the affair.
No mention of the hand ak wa
made in the second confession whic
Hogan claimed he signed after it l1a
been dictated by Hugh Fisher. count
attorney. Hogan alleges that he wa
frightened by Fisher and signed tn
confession under duress. The defens
claims that the first confession OF
tanned by Sheriff Hugh Larimer mer
toned the hand ak. Hogan elaine
: | Smith had. and that Fisher objecte
to the hand ak episode appearing
the confession and took q second cor
fession which he dictated. so Hoga
claims and left out the hand ak. Whic
fact was overlooked by Hogan unds
the excitement and fear under whic
he claims he was laboring at the tim
This is the fifth day of the trial.
Wind Shields. k Jones Paint c