The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-12-23
Widow of MOb's Victim Tells
Story of Fatal Night.
SLAYER IS POINTED OUT
Brother OF Dead Man Accuses
One of Defendants.
Investigation of Wilson Affair
Enters on Second Day.

Ardmore, Okla. Dec. 23.-The pre-
liminary hearing instituted by Attor-
ney General S. Prince Freezing who
was sent here by Governor J. B. A.
Robertson to take personal charge of
the prosecution of sixteen men held
in connection with the Wilson affair,
entered upon its second day today at
8 o'clock.
Surprise was expressed when prac-
ticaly every men of the sixteen held
in connection with the killings, fol-
lowing the raid of masked men on
logger. announced he would demand
a preliminary examination.
Ono Defendant Wounded.
At the opening of the trial at 1880
p. m. Thursday, all of the sixteen de-
PENDANTS were in the court room with
the exception of Jeff Smith, who is
wounded and in the county Jail.
separate trials which request was
granted by Justice of Peace J. W.
Butcher, presiding judge.
Freezing at once elected to try the
cases of the eight defendants who
were willing to be tried together.
The belief is expressed that from
Jeff Smith came the information
which led to the wholesale arrest of
citizens alleged to have gathered in
death pasture to drive a bootlegger
from lnG county. county Attorney
Mathers announced that Jeff Smith
had talked freely to the state, and that
if he was placed on the stand, he
would be granted immunity for testi-
flying.
. Widow on Stand.
Mrs. John Smith, the widow of one
of the dead men, was the first witness
to be called to the stand She testi-
fled that her husband had been i'll all
day Thursday Yof last week, and had
spent the entire day at home with the
exception of only a few minutes when
he went to see his doctor. She said
her husband and herself had retired
for the night when they were
awakened about 11;30 pJ m. by Jeff
Smith, brother of the dead man. They
stood at the door and talked a while
and then came in the house, she testi-
fled.
Il then heard Jeff tell my husband
that crowd of masked men were
waiting outside in cars and that he
(John) must go with them. NJ hus-
band said he did not feel like going.
but Jeff insisted, saying he was forced
to do what he was doing and that
John must GO They left the house
and l heard two cars go to the west in
short time: 1 heard several shots and
became alarmed; l got UP but soon
afterward heard a fl; e alarm and 1
thought possibly there was a fire. so
l went back to bed and the next thing
l knew ] was awakened and told that
my husband had been wounded, per-
haTs fatally, and was in the hospital
in serious condition.
Niclim Did Not Know Slayer.
Il dressed and rushed to the hos
pital quickly as l could, and found
my husband with a large wound in
his left side. He told me he had been
shot but did not know who had done
IL,
on the operating table and there he
died-that is all I know of the case"
Mrs Smith, frail and worried. was
on the verge OF tears several times
during her testimony, but held up
thruout cross examination.
Only a few questions were put to
her by H. II. Brown, one of the attor-
neys for the defendants.
Tom Ward, the cecond witness called
was on the stand only a short time.
Points Out Brothers Slayer.
The third witness was Walter Car
roll, a barber. and a brother of Joe
Carroll. one of the slain men. His
testimony correlated that of Mrs.
Smiths in regard to the time and
place of the affair and brought out
the fact that he thought he could
identify among the defendants precent
the person who killed his brother.
Having all defendants to stand before
him. Judge Butcher asked II he could
point him out.
Yes he said, and he pointed to
Ray Beebc.
Attorney General Freezing reiter-
ated this morning previous marks
that he would not cnsider the promi-
hence of the defendants being tried.
He virtually took the same stand as
County Attorney Mathers and Sheriff
Garrett when he said that if the evil
dence warranted it, all the defendants
would be held for trial, and a full in
vestigation made.