Wichita eagle. [volume] (Wichita, Kan.) 1883-1888, 1884-10-24
..s .. vr.a,y ..sA v..st.s. use. IN s.sl. ss.l.sl
COURT PROCEEDINGS.


which appeared in the EAGLE next morning.
The prisoner having no money TO retain
counsel, 0. Ii. Bently was assigned by the
court TO defend him. After the Jurors had
been examined Us to their fitness TO sit rs ju-
rors on the case; county attorney Frank
Dale explained the nature of the case to the
jury and told what the state expected to
prove. !. 5. Worrell was the first witgess
examined. He said that he first saw tire
prisoner on the eighth or ninth of the pres
ent month; he saw him on Main street and
Douglass avenue, and took him for bad
character, which caused him to watch him;
in the evening he saw the prisoner sitting on
q box under the steps Mt the side of Harding
& Fishers book store, and Doc staggered as
be passed BY him and went through the al
icy towards Snitzler's place. The fellow fol-
lowed him; Doc went into Snitzler's and
pulled out roll of bills which he displayed;
looking towards the rear of the house he
perceived the prisoner looking through the
window. He then went out the
be very drunk. He stumbled and
fell. The fellow approached him and
punched him with his foot TO find out how
drunk he was. He then took hold of him
and dragged him off about forty feet, behind
some boxes, when he began feeling about his
pockets; hearing some noise he went away
but soon returned and deliberately began TO
90 Through his pockets. Doc lay still until
he had got hold Of his money and was in
the act Of pulling it out of his pocket when
be drew his pistol and leveled il at the mans
head. The fellow ran of but stumbled and
fell, when Doc captured him and brought
him into Snitzler's; be asked him why he
did the act, wheE the fellow coclly said that
be thought he was drunk and that come one
would get his money and that he might As
well have j: as anybody else. Fritz
Snitzler was next called upon the stand and
corroborated the latter part of Mr.. Wor-
relfs testimony, and said that he had seen
the marks Of Worrel's boots where he had
been dragged by the robber.
The State then rested the case and after
consulting the prisoner, Mr.. Bently arose
and said that the prisoner desired TO with
draw has former plea and enter plea OF
guilty.
The court then asked the criminal to
stand up and asked him II he could advance
any reason why sentence should not be pro-
nounced upon him. After pleading guilty
to the charge the fellow had the audacity to
10 say that he did not put his hand in Mr..
Worrells pocket at all. Mr.. Bently asked
the court to examine his hands as an evil
dence that he was = working man and
not a professional thief. He said
that he was a blacksmith and said be had
never been arrested befo.e, but the court saiG
that blacksmith had no more hcense &c
pick mans pockets than any one else. Be
fore proceeding TO pass Judgment on til,
prisoner his honor took occasion TO pass q
few sensible remarks in connection with the
case. He said that if the prisoner had never
been arrested before, he had been lucky; il
was fortunate that he had been arrested or
this occasion. From what had been illicited
in court and from the prisoners own sdmis-
sions, It was evident that he was the kind OF
man that was bound to get there and the
sooner the better, it was only a question oi
Of time, and he thought the longer time h.
got the better. He had no hopes that b,
would reform in the penitentisry, therefor,
the longer he was kept where be could dc
no harm the better. He coinplinnented Do,
Worrall and said be was glad we had one OF.
ficer who knew his duty and was willing &c
protect our citizens and obey the law. Thai
great deal had been said about the severity
of the courts and that officers ought TO be
more lenient. 1t is useless 10 have laws i
they are not inforced. The limit of the Law
in this case Is ten years at hard labor but a.
he had plead guilty he was sentenced TO b,
taken to the jail by the sheriff and afferwsrd,
taken to the state penitentisry at Leaven-
worth TO remain there FIVE years at hard
labor.
The forenoon yesterday was consumed
with the hearing of the case of Veggo Joes-
bin against Fred Shatner. This was q sui,
brought by the plaintiff to recover wages.
The plaintiff is Swede and . genuine
crank. The court room was well filled with
people listening TO the testimony. The tes-
timaney of the Swede was amusing in the
the extreme. He went to Mr.. Shatner's
place last March hearing that he wanted =
gardner. Mr.. Shasner did not wish to en-
ploy him without reference. He claimed to
be a professional old-country gardner and
said he would bring reference. In day or
two he brought letter from the Swedish
Consul at Chicago. Mr.. Shatner then hired
him for $40 per month and board with the
understanding that If he gave satisfaction he
would make better arrangements with him
at the end Of the month. After he had
worked short time Mr.. Shstner discovered
that he WIS 8 little of and that he knew
nothing about gardening in this country If
lie did in Sweden. He sprouted sweet corn
beans and pumpkin seed in flower pots He
planted tomato plants in q beaten path
along side of a row of grape vines. He sp-
peared to be particularly stuck on water
melons and WAS determined TO Rave lots of
them. He planted beans, lettuce, corn, mel
ons, pumpkins and celery in rows all mixed
up together and planted three-year-old
grape vine in flower pot; that is the kind
of a gardner he was.
At the end Of the first month Mr.. Shatner
discharged him and paid him $40, but his
sympathy was excited for the man aud he
told him tina. be would allow him TO stay
and work the garden on shares, ne selling
the products and paying half the receipts to
Mrs. Sha.ner. At first he slept in the house
but he was filthy and was sent TO the barn to
sleep. Some trouble occurred between him
and Mrs. Shatner and he was discharged.
He brought suit to recover wages for the
whole time he worked the place. The jury
had been ont but few minutes when they
brought in verdict for the defendant
Court convened yesterday morning at
$50; Judge Sluss presided. considerable
portion o. the forenoon session was consum-
ed with the hearing Of motions. AT 1870 the
case OF the state against 7. n. Hefernon,
charged with assault with intent to rob Pet
er Lavery on the night of the 9TH, was call
ed. The regular jury were on deck and
County Attorney Frank Dale conducted the
case for the state; J. w. c. Jones was as
signed as the prisoners counsel. Hefiernon
is the one-arped one-legged man who WAS
arrested at the corner of Douglas avenue and
Railroad street on the night Of the 7tn inst.
The witnesses for the state were Peter Law
cry, Pat Woods and John Kennedy. Peter
Lavery testified that be was drunk and set
ting on the sidewalk beside the saloon when
the prisoner came up and asked him TO treat
bet he said be had not the money TO 20
around. He then sat down by Larery and
soon showed him over on the sidewalk or
hit him with his crutch when Pat Woods
came up with knife and told Hcfron thst
IL be did not let him alone he would cut him
with the knife. They then walked away and
the prisoner followed them TO the front Of
the saloon. Pat Woods swore that he had
seen the prisoner shove Lsvery over on
the sidewalk, strike him with his crutch and
slip his hand down into Lavery's pocket A.
ter his watch and that be told Lavery TO
come away or that fellow would rob him
and that be also told the prisoner 10 keep
away bu. be kept following them up max
ing hostile demonstrations with his crutch.
John Kennedy's testimony was TO the same
effect as that Of the two previous witnesses,
except that he did not see the prisoner in
the act of putting his hand down towards
Lavery's watch. The prisoner was placed
upon the stand 10 testify in his own behalf.
His testimony and his manner Of giving il
indicated that be was a hard case, but, al
though he admitted striking and making
threats TO knock them all TO smash with his
cr,itch; he declared that he had never rob.
ced and had no intention to rob. He did
not create very good impression and 1t is
doubtful if it helped his cause much to put
him on the stand. In his opening argument
10 the jury, Mr.. Dale did not fail to call
their attention to the prisoners character as