Dodge City times. [volume] (Dodge City, Kan.) 1876-1892, 1877-06-30
The June Term Of Court.

400 0AA0 AOkAAA Va SOeAS
There were only thirty-two eases on thu
docket st this term. which. in itself.
speaks volumes for the peace, tranquility
and good will of our people. The only
criminal State case was the assault and
battery with intent to kill Col. COlly. pre-.
fered, Va J w. Charlton. The defend
ant was ably defended by Messrs. Wood
and Waters, but Mr.. Sutton made il
''binding." and the defendant entered q
plea of guilty to assault. and was SEN
fenced to thirty days in Jail.
The city of Dodge was not sue
cessful IN her appeal cases from the
police court, the motions to quash. filed
and argued by Mr.. dryden. being sus-
tanned by the court, the cases were dis
missed at the cost of the city.
By far the most important case. how
ever. was the case of John Blake vs.
Dodge City. The allegations of the CON-
plant were that Blake was incarcerated
by o Judgment of the Police Court in a
lOxl2 cell, that against his remOnstrance
there were confined with him three des-
peladoes two Of whom were afterwards
hung.) that these three men were allowed
to have in their possession knife and
pistol, that they assaulted Blake and shot
out his left eye. and otherwise injured
him, for which he claimed damaGes in
q. 900. The suit was brought BY Messrs.
Sutton and dryden. and came up on do
murrer to tho reply. Mr.. Colborn. for the
city, cited number Of authorities. max
ing strong case Of portability for the
city. Mr.. dryden followed. He argued
that where there 10 . wrong committed,
there must be o remedy. that the ago Of
the Seal Chambers Of Venice and the
Black Hole Of Calcutta were past, that if
the city could cOnfine an old man in den
Of murderers. who had vowed to xiii him,
they could also incarcerate the maiden
with tho raving maniac, or employ the
thumbscrews and the iron boots of the in
QUESTION as their agents. Mr.. Gryden's
argument occupied about one hour, and
was spoken of by the bar with fiattering
encOmiums. Captain Waters closed the
argument for the city. showing by long
list Of authorities that a city occupied the
position of State in the regulating of her
municipal affairs, that if a liability exist
ed, IT was against the agents of the city.
That she could be no more liable in this
case than would the Warden of the Peni-
Tertiary be responsible for the killing OF
one convict of another. Strung and
able arguments were, of course, expected
from City Attorney Colborn and Captain
Waters. and they were in this case fully
The court sustained the demur-
rer, and rendered Judgment for costs
against Blake. to which plaintiff except.
ed, and gave notice of appeal to the Su-
preme Court.
The much Irrigated cases between John
Tyler, Sweenv. Sallie Frazier and Wood
and frost. were settled by compromise.
Mr.. Morphy represented and conducted
the case Of all parties against Wood and
Frost. Messrs. s. N. Wood. A. A. Hurd,
Nelson Adams and J. G. Waters were the
foreign dignitaries who gave eclat to the
judicial proceedings by their presence.
Only four cases remain on the docket.
The cause between Cox & Boyd and the
county, and between the A. T. g. s. F.
K. K and county, being submitted on an
agreed statement of facts. to be decided
in vacation as at term time.