The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1885-02-27
THE AsHCRAFT CASE.


The preliminary examination of A.
w. Ashcraft, charged with felonious
assault upon Herman Scheer, which
was begun last Thursday before Judge
Harris, developed some rather curious
and interesting features. When the
case was first called the State wanted
a continuance on the ground of the in
ability of Mr.. Scheer, the prosecuting
witness, to be present and testify. 1t
was agreed, however, that instead of
continuing the case the Court would
adjourn to Humboldt and there take
Scheer's testimony. This was accord
ingly done. Arriving there, the
Court, accompanied by physician,
proceeded to the residence of Mr.. S.,
whom they found sitting up. The
Court asked him if he thought himself
able to testify. He replied that he
thought he was. The physician how
ever assured him he was not, where
upon MIR. s. reversed his opinion and
also decided he was too ill to testify.
1t was then decided that the Court
would convene at Z O'Clock p. m, in
the office of Judge Bond, and EXAM
inc the other witnesses there resident,
the counsel for the State agreeing to
have the office in readiness. AT seven
o'clock the Court repaired to the office
but found no fire or lights there, no
witnesses and no prosecuting counsel.
Whereupon the Court adjourned to
meet i'm it's own Office in lola at
o'clock the following day. When that
time arrived there were still no wit
nesses present, the State insisting that
it could do nothing without the testi-
mony Of Scheer. The defense insisted.
however, on having all the States
witnesses there, so attachments were
issued and the Court adjourned to let
the sheriff do his duty. Saturday
morning the court again convened
The witnesses were there, but the first
one called, VIM. Brown, refused to be
sworn, saying that he had been so ad.
vised by one of the counsel for the
State. After demonstrating with him
the Court fined him $50 and costs and
committed him until the payment
thereof. This penalty was accom-
PANIED by some very energetic remarks
by the Court, characterizing in strong
terms the spirit of defiance manifested
by certain citizens of Humboldt, and
the course taken by the attorney. AT
ter examining witnesses until about
the middle of the afternoon the case
was continued until Monday. Wit.
nesses who were under contempt were
then brought forward and fined in va
rious amounts, Judge Bond, among
Others being asked for ten dollars.
On Monday the blood that had Oh
the preceding days threatened to
entirely obscure the moon, seemed to
vanish into thin air, and instead OF
defiance and reprisals, spirit of sub.
mission and tender mercy that was
touching to witness, prevailed in all
breasts. Mr.. Brown appeared and ex
planned that he had taken the course
he did under a misrepresentation as to
The instructions of his attorney. so his
fine was RENTED. The various par
ties who had been in contempt in diff.
ferent degrees then explained their
sins away and they were also forgiven
Thus the wrecks that had been cut
down by the "buzz-saw" so thickly as
almost to impede its ''moshun," were
removed and it resumed its gentle
buzzing as of yore. After the examin.
ination of few more witnesses the cast
was continued until March 16, to avail
the testimony of Scheer.
Little more than is already known
to the readers of THE REGISTER wa
elected by the examination. One wit
ness swore that he had heard Schee
say he would never be arrested by
Ashcraft; and it was shown tina
there was one revolver seen on tn
ground near Voght's body in addition
to the one taken from his person
None of the witnesses could conaec
Ashcraft directly with the assault.
lola COLLECTION AGENCY.
J. "a t,,< loxv ,op NJ,