The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1885-07-23

From Tuesdays Dailyl
A. 1850 - g. a., ezs.1 80 n

II
people assembled IN Justice Fletch-
er's court. The witnesses for the plain
tiff were Ray Chase. Mrs. o. G. Thomp-
son, J. 81. Dore, L. D. Myers and W. j.
Knots. The witnesses for the defense
were Louis Marty, j. Z. Elliot and ].
II. Hogue.
After the witnesses were sworn Har-
low Fry was called TO the stand
and questioned by Messrs. Evans
and Feighan, attorneys for
the state. Harlow testified |
that on the evening of July the 14th |
Ray Chase and himself were riding their |
bicycles on the walk on Commercial
street, between Ninth and Tenth ave
nues. That they had ridden up and down
the walk several times and finally started |
on q race for the Normal, he being .
few feet In advance Of Ray
Chase. Marshal White came
along ID fssE center of the
tbs walk. Ths boys turned 70 the left
IN oFasr % ss. when Mr.. White
sptang In treat Of them.
AttoEney-Did Mr.. White speak TO
your
! Witness-(C Crying No, SIR, he just
caugh hold of my bicycle and threw me
of. fell about five or six feet on my
stomach. He said, az could hurt you if
wanted tor
AttorneY-Had he said anything 70
you before?
Wisness-No, sir, he hadn't said a
word.
AttorneY-What did Mr.. White do
thenG
Witness-He took hold of me and
said he would take me and see my
father.
The witness was then cross-examined
by w. A. Randolph attorney for the de-
PENDANT.
The witness testified that he was
frightened when Marshal White jumped
out at HIM, but did not think he was go
ing to be arrested, but was frightened
because he sprang at him in such
threatening manner. The remainder of
the evidence OF this witness was the
same as that already given.
Ray Chase was next called and exam
ined by the prosecution.
The witness gave substantially the
same evidence as the first witness in ref
erence TO the arrest and the manner In
/ which IL was made. The prosecution
then asked if Mr.. White had previous to
that time ever said anything to them
about riding bicycles on the sidewalk.
Mr.. Randolph objected to the question
as irrelevant, but the boy, who did not
understand the terms of the court or the
action of the attorneys, proceeded to an
swer.
sStop! stop there, sirl I" exclaimed Mr..
Randolph to the young witness.
Mr.. FeIghan then arose TO his
feet and SAID he wanted none of that
believing at the witness.
"Not any of your retorting sarcasm"
SAID Mr.. Randolph.
Feighan-You had better keep your
mouth shut then.
Randolph-There, there, sit down my
little man.
Feighan-Ohi my big fat hogi
Here this "dIgnifed" and highly inter-
esting conversation was ended by Justice
Fletcher who said that if proper order
was not maintained he would adjourn
court. The question was decided in
favor of Mr.. Randolph and the case
proceeded
After the cross-examinafion of Ray
Chase Mrs. Thompson was called TO the
stand The witness then stated to the
court that she lived on Commercial
street and that the occurrence giving
rise to this trial happened IN front Of
hef door.
Where were you when it happened
asked the attorney.
Witness was sitting on my porch
and saw the boys coming up the side
walk on their bicycles. I also saw a
man coming from the opposite direction.
The boys were riding very fast
and were on the west side Of the walk.
The man was walking in the center, and
when they met the man sprang out and
caught one of the bicycles and threw the
boy down. The boy rolled down q little
incline and got up crying, and said
"Yon had better break fellows RIBS"
Mr. DoEe, the next witness for the de-
Tense, was about fifteen feet away from the
occurrence and testified about the same
facts. He thought Mr.. White was the
boys' fGther until he saw his star.
T.M.FrY, the prosecuting Witness esti-
fed that when Mr.. White brought the
boy to his store that said White was SO
excited that he could scarcely find It,
and that he acted in 9 very rude manner
for an officer, calling Q crowd together
and throwing the bicycle to the walk.
i Mr.. Myers was then called and said he
was at the residence of Mr.. Knots In the
front room trying gasoline stove when
he heard someone crying "Stop."
Thinking il was a runaway he went to
the door just in time to see the boy 60
headlong over the bicycle.
Mr.. Knott Was then called and testi-
, fed that he was standing IN his dool
about fifteen feet away at thG
time and saw the arrest
He said the first boy rode by unmolestsC
. and that Nj. White struck the bicycle o
the second boy with cane, and as it fel
caught Il with his left hand. He ais
Testified that the boy said he woult
haYe stopped If Mr. White had asket
aim to do 80, snd also wanted 20 know
of the marshal "why he didn't break
, fellows Eibs."
The last witness in behalf Of the pro
secution having been examined, cour
? adjourned until O'Clock in the after
: noon
81 AFTERNOON PROCEEDINGS.
: Nr. White was called TO the stand ant
testified that while coming down th'
sfzset he saw the boys riding bicycl
z and in obedience TO higher authOrit!
concluded 70 stop them. He sal:
that he raised his cane whel
4 about fifteen feet away an
told the boys 20 stop; that they did no
: do 80, and IS they passed he caught hol'
T Of one OF the boys, shoulders, and as tn
) boy was riding quite rapidly he was IN
. able 70 check him entireiy, 90 he fel
dsaeonaIly from the sidewalk.
ne prosecution asked Hr. White VII
had instructed him tomake arrests 70
d the violation of the ordinanc
z prohibiting parties from riding bicycle
= on the Sidewalks.
IL Mr.. White SAID that several person
y had spoken 70 him about the mattel
9 That AEr. Randolph. MT. Whitfless
ard kg Rirdoall had called his assentiC
: % tbs ordinance aad he had read II hiE
self.
Attorney-Can goa explain how
( happened II she boy vas riding nor
Il MS he fall q, ora side xyhen he "