The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-10-09
IN SELF DEFENSE.
Trial of Jake HightOwer Begins
in District Court.
Is Charged With Murder of Ar
thur C. Ruff.

The trial of ]. C. (Jake) Hightower.
negro, on charge of numbering
Arthur C. Ruff, 1215 North Harrison
street, at the Mutual Ice plant April
2s, began this morning before a jury
in Judge James A. McClure's division
OF the district court. He is repre-
scented by H. G. Ruth, municipal coun-
sellor for Oklahoma City. Okla.
Ruth said in his opening statement
to the jury that he expects to show
that Hightower was attacked by Ruff,
Roy Ward and P. D. Darlington be-
fore the shooting took place, and that
the negro shot in self defense. *
The evidence will show" Ruth as
serted, that in the boiler room of the
plant only black men are emplsSed.
That there was a tin cup on the
water cooler in the boiler room, where
the stokers were accustomed to drink
That a day or two before this I'M
fortunate occurrence Jake walked up
to the ice tank, took up the cup and
started to drink and that Ruff said
to him: That's the white mans cup
you're drinking out Of That Jake
replied: This is the cup have always
drank from And that Ruff answer
ed: You black ---- -
don't you ever drink out OF that cup
again
1.-THE evidence will further show
that it was customary for the men en-
ployed pulling ice to ask their engi-
neer how much ice to pull. 1t might
be- necessary to pull from ten to
twenty cakes per hour, depending
upon the temperature. The evidence
will show that on the morning of this
unfortunate occurrence -Hightower
asked Darlington how much to pull
and that Darlington would not answer
him. We will show that Jake then
asked Ward how much they were
pulling. or some such question and
that Ward replied: It's none of your
id business. Jake then told him
he needn't be SO surly or so gays~or
something like that, and after a few
words Ward struck at him with the
ice tongs and that Jake lodged the
blow. Jake then struck him and they
engaged in battle"
Arthur C. Ruff Was Killed.
Ruth asserted that Darlington and
Ruff then came to Wards aid. the
former armed with. an iron rod, the
that someone shouted: xiii the
- -" Ruth asserted that
Hightower then drew his revolver and
waving 1t back and forth, began to
back up, at the same time telling the
white men to stand back. He fired
two or three shots in the direction of
Darlington, causing the latter to seek
shelter among the machinery, the
lawyer said, but that Ruff kept
crowding him, with the scantiing
raised over his head ready to strike.
When Hiehtower found he could not
quickly omen the heavy door to the
storage room, he shot Ruff, Ruth as
serted.
| Beside killing Ruff, beating Ward
into Inconsistencies and firing three
shots at Darlington, Hightower. is al
legged to have threatened Martin
Stanley, negro fireman at the plant,
with death. He then escaped from
the plant and was supposed to have
sought ST elter in the woods along the
I river. near Calhoun bluffs. but it later
developed THAI he had not left the
city He was captured by Patrolman
Kirk Pinkston when he appeared at
his own home about 9 O'Clock that
night Since the murder Eightower
has been confined in the state peni-
| Tertiary at Lansing for safe keeping.
| In examining the jury this morning
Ruth asked each of the prospective
I jurors if he believed in God and thai
He created the white man, the black
man and all the higher and lower
men AMI animals. He also asked each
| juryman if he believed in a square
| deal for the black man, theswhite man
the horse, the cow and the mule.