The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1889-12-14
THE COURT HOUSE.
The Marseilles Whisky Case-The kiimer
Decision and Other Matters.


Decision and Other Matters.
When Circuit Court convened at =
o'clock on Monday afternoon, win
Judge Dibell presiding, the case OF
Wilson V. ShultZ was called for trial;
This suit was brought to get $40, OOO
damages for injuries received by tne
complainant, for which she holds Will
liam Shultz, saloOnkeeper, response
BILE. The parties live in Marseilles,
and are also well known In OTTAWA.
On the 18th of June, 1887, Mrs.
Emiline Wilson, the complainant, al
leges she was struck and brutally
beaten by a man named Hyatt, VINO
also resides in Marseilles. Since that
time she has suffered much pain, and
has spent considerable money for
doctors bills, ETC., in an effort TO be
cured of her troubles. Hyatt was I'M
der the influence of liquor when he is
said to have committed the assault.
The plaintiff holds that William
Shultz, a salOonkeeper, sold Hyatt the
liquor, and consequently is liable for
her injuries-hence the suit against
him. Snow and Cullen are attorneys
for the complainant, and Blake and
Stead represent the defendant.
A jury was impaneled at 4 o'clock,
and after the opening arguments had
been made by Messrs. Snow and
Blake for their respective clients, the
taking of testimony was begun. The
first witness called in behalf of the
complainant was DR.. Wyatt, of Mar
settles, the physician who attended
Mrs. Wilson shortly after she is al
legged to have been beaten.
The witness said in substance that
he was called to the Wilson home
stead few days after June 49, 1887,
and made an examination of the
plaintiff, Mrs. Wilson. He found
that her spinal column had been in
jured, and came to the conclusion the
injuries had been produced by blows
and force. Since that time he has
visited her quite regularly. Some
times she complained of her spine, and
again of other ills and pains. 1t is
doubtful if she will ever recover from
the injury to the spine. She was
strong and robust prior to June ID,
but after that date was very weak.
Two operations were performed upon
her by DR.. Pratt, of ChicagO-the
first was performed in May of this
year, and the second one was per-
formed subsequently. Prior to May
Is | noticed she was failing in health,
and l advised her to have the opera
tiOns performed. She is now unfit to
do any heavy work."
Attorney Stead conducted the cross
examination, and he subjected the
witness to a thorough overhauling.
He elected much testimony OF mate
rial value to his client.
eff it is so that Mrs. Wilson has
done any household work Of any mo-
ment. or if we prove that within the
past month she has walked to Ottawa
from MarseilleS and back again on
several different occasions, what effect
would that have on her condition."
asked Mr.. Stead.
ut would aggravate her case, and
make her recovery impossible" re-
piled the witness.
The plaintiff concluded her side of
the case at noon Tuesday and the de-
Tense introduced a number of wit
nesses in the afternoon.
Mrs. Emiline Wilson, the complain
ant, was put on the stand at the open
ing of court yesterday morning. She
described the injuries received by her
at the hands of Elisha B. Hyatt, and
was very good witness in her own
behalf. On the 18th of June, 1887,
Hyatt came by the Wilson homestead
on his way to his own home. Mrs.
Wilson happened to be at the front
gate at the time. When he got in
front of her, she says, he stopped and
said, "Are you ready to fight, now"
II am not ready to fight" replied
Mrs. Wilson,: 81 never fight until | get
real mad"
AT this point in the conversation, it
is alleged, Hyatt struck her and bru-
tally pounded her on the shoulder and
back. The rigid crosS-eXamination by
the States Attorney failed TO bring
out any new points. She told one story
and clung to it from the first.
The deposition of Hyatt was then
read in evidence. According to the
affidavit, Hyatt got his liquor at
Shultz' saloon and says he drank
nearly a quart there on that afternoon.
The defense are trying to impeach
the testimony of the man Hyatt. At
least a dozen citizens of MarSeilleS
were placed on the stand and all swOre
that his reputation, as to truth and
veracity, was bad and he was not to
be believed. The defense also claim
that he did not get his liquor at
Shultz's saloon. They say he was in
Ottawa on June 13 and returned to
Marseilles in an intoxicated condition.
Several gentlemen who were in
Shultz' place on that day will testify
that Hyatt came in and asked for
liruor, but it was refused him by
Shultz who said: "You have had
enough already and cannot get any
more here" 1t is said he then left
the place and the assault was COM
mitted shortly afterward.
When Court convened Wednesday
morning, William Shultz was allowed
to testify in his own behalf, Accord
ing to his story, Hyatt had not had
any liquor in his saloon for three years
past. On June ID he came into the sa
loon and asked for drink, but it was
refused him by ShultZ. Shultz want
ed to give his reasons for refusing the
man liquor but the complainant OBJ
jected.
Marshal Bateman said that Hyatts
rannt fiop &c tn truth and yaracify