The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-08-25
Mrs. J. p. Hoffman Tells of Al
legged Assault on Daughter.
E. o. Barter, Santa Fe Watch
man, Is Accused of Crime.
PICKED THRU A KNOT HOLE
Said 7-Year-Old Girl Was on
the Watchman's Lap.
Mother Then Cursed Him and
Called Him Vile Names.

The trial of Edward Oscar Barter.
a Waterman at the Santa Fe shops,
on a charge of assaulting Rosie Hoff-
man, the T-year-old daughter of Mr..
and Mrs. John P. Hoffman. III North
Locust street, was begun this morn
ing before a jury of six men in the
court of Topeka. 1t was evident that
the trial would consume the whole
day and part of tomorrow.
The court room. was packed with
spectators. most of whom apparently
were Russians. Walter CLANCY. at
torney, occupied the bench as judge
pro tenn, Judge Paul Heinz having
disqualified himself because his law
partner, Otis Hungate, was repre-
senting the defendant. James A.
Santa Fe shopmen who recently
brought damage suits totaling $4,000
against Chief of Police Morris Leon
ard, charging false arrest, was re-
tanned by Hoffman, the little girls ia
Their, to assist the state in the prose-
cution of Barter. Hungate reserved
the opening statement of the defense
until the state should have presented
it's evidence.
The first witness called by County
Attorney Veale was Mrs Hoffman.
the girls mother. She stated that she
saw some small boys living in that
ne:ghborhood passing her house on
the way to the grocery store to buy
candy with a dime Barter was alleged
to have given them. Observing that
Rosie was not among the little girls
who accompanied the boys, she went
in search of her, she said.
Little Girl on His Lap.
Arriving near the shop gate at First
and Locust streets, she said she heard
Rosie answer call from inside the
fence and then saw her pass thru the
gate onto railroad property. Mrs.
Hoffman said she walked up to the
hrly hnIo nd
saw Barter sitting on a chair in front
of the watch sEanty with Rosie on his
lap. The mother said she then stepped
inside the gate and that Barter arose.
pushed the little girl from him and
stood there without comment. Mrs.
Hoffman said she then noticed that
her daughters clothing was somewhat
disarranged. She said the Waterman
then gave Rosie a nickel for herself
and one for another little girl and
for Christmas. Mrs. Hoffman then
asserted that sic cursed Barter and
called him several vile names, but
that he made no answer to her.
One point which Hungate pressed
was the time at which the alleged as
sault occurred. Mrs. Hoffman said
the 5~o'clock whistle had just blown
when she saw. the boys passing her
house. She estimated that it was
about ten minutes after five when she
peeked thru the fence and saw Barter
holding the girl on his lap. She de-
c1ared. however, that no one else was
in sight. While he made no mention
of it during the cross examination, it
is assumed Hungate meant to shake
the woman's story by showing that
the alleged incident occurred at the
very time when scores of men ordi-
narily are passing thru the gate on
their way home from work.
About twenty-five witnesses were
sworn for the state and defense. At
the request of Hungate the witnesses
for both sides were excluded from the
court room during the trial.