Telegram-herald., 1890-06-24
TRIAL OF aSDRIES BEyIER.
A Jury Flnd That He Is Not
Guilty.
Al Ua1saaliy L0sg Tri-i ia PsIies Gears.
With Much Intsr~st-A Dtssst
sr The IsstI4o4y.

brought by Humane Agent wykes, s4s
besun and ended IA police court yester-
day.
The case grew out Os the crowded
state Of the street cars ca the 5oth Of
May, Decoration Day. On the theory
that the street cars were being over
loaded, and that the horses were bang
inhGmanly0 ly0yerNorkod, Humane Agent
Wykes Stationed himself on Wealthy
ave. and Systematically stopped the
cars as they came 30 that painful dis
arrangement VAS created IN the
cOmpany's plans Of getting the crowds
70 the lake. Tne consequence
was tnat jam Of humanity occurred
AZ the Easiest. station, 20 the great dis
comfort OF tue people and the iusutfer-
able ANNOYANCE eoftuecompany. When
Mr. Bevler discovered the cause OF the
difficulty, he repaired 10 the place AZ
winch Mr.. Mykes had stationed HIM
self and made eXpOstliauOus OF a
character So earnest that hls arrest by
the Offices followed, aud a eomplal ht OF
G.sOrderiy conduct WAS subsequently,
made against him. The complaint
specified that the defendant had used
language 10 vile and indecent ~ be
repeated"
The trial Of the case began yestd drday
morning before q jury. city Attorney
Taylor WAS assisted bv ". IL. Hughes
amt Judge Montgomery appeared as
counsel Tor the defendant.
Tie first witness was Ar. Wykes. He
testified that about > o'clock on the
afternoon Of May 50 ne was sitting IN
his buggy AT the corner OF Cass-st. and
Wealthy-aye. The defendant came up
TO the buggy and shook ms rist IN ms
( witnesses face and said, You pup,
dare you To arrest any OF my men,
THIS sort OF talk continued some time.
Among other things the defendant
stated that he had come there purposely
tobe arrested. After while he told Mr..
Beyier 10 ret into MS buggy and con-
slder himself arrested.
ON crOss-eNamInAtlOn witness said
that he had said "d--n you, | viii ar
rest you." ''That day | drove IN front
OF several cars and stopped them. 1t
was my business 10 look after the
horses and not the people. did not
know that the ears ran at stated times,
and that my interference would cause
suffering to the women and children.
have no feeling against Nh. Bevler."
Tony Drust, a boy - yearf OF age,
corrobOrated Mr.. Wykes' account of the
arrest. Patrick Keatlng, VIM. Marshall
and Thomas HampsOu were examined,
bat no substantial facts other than the
above were elected.
For the defense, Justice Thomas
Walsh testified 10 the great jam and
suffering ~ East-st. Hc said that the
car he went up on was not overloaded
tor such an occasion. "lt | mad been
driving, | should have driven faster,
because, think with the momentum,
IL IS better 10 90 right anead tnan TO
drag along slowly" On crOss-examln-
alton, he saId, "thcrc were about fifty
persons on the car. No horse fell
down n trying to pull US. Mr.. Beyler
did not seem angry at the pen"
Several other witnesses were exam
lned, whose testimony went to show
tuat Mr.. Bcyicr's conduct toward Mr..
Wykos was not violent, but emphatic.
The movement of the hand during the
conversation with Mr. Wykes was not
the shaking Of the fst, but the gcst!cu-
latiOus OF one i'm earnest speech.
Mr.. BevIer next took the stand. He
described the way IN which the jam Oc-
CURED, and how ne went TO see Mr..
Wykcs after he discovered the
c tuse OF it. My idea was to
st0D Wykes from interfering
with the cars. The average number OF
miles a street car horse travels IS seven
teen. Their work is much lighter than
what pl0w-lorses have 10 do. On
Ncalthy-ayc. the horses 10 not have 10
pull Oae-teutu OF the way. ! went to
Nykcs and SAID tuIt all lnnumanty
was jbC result 0t ignorance. and that
the cruelty that day 20 women and
CHlGrpn VA. greater than had ever
been .een among the horses. asked
hm to huu- against me any case ne
had tuc xt day, and let me get these
crowds out OF their distress. / only
.ali. shut up your d. lips, OF
vii arrest y0u' ! told h.m TO e
ahead. he dld arrest me. and ! went
Co thc jail. / did not pat my fist n his
face. was angry, and my action may
be- better Judged than | can judge IT,
On u---rxanHuauOu. The FIRST
tiIN- / tbtl ~ Fkt. Vas lNat OF all
cruelty 20 animals had ever seen 10
bad hecn Dracticed that day. ! made
uo effort to reach him with my tisf.
told nm al about the co0d ton Of inc
women and children. did not dare
hm to arres, mc. but said if $50 were
guilty of -1e.ty % wait till tomorrow
tef0re ua-lrg tie arrest. A 20
whether I called h m d- fool 7
can not <,v. tut Il anybody 50 swears
ssorase vi.i have to admit t."
Otlnr fuesses were sworn. bat no
new faci were brought ont ~ them.
After thc arguments hv counsel. tine
court charged tbe jury. Among other
points. toe jury were charged tnst, %
convict. t1ey must hnd q fendant 20
have done whatw2 spec hCallvCharred
fn the complaint. The complaint
charged the use ~ larEIaEc too vie
and Indecent 81 bee repeated II tho
Jury find that the language used
actually correspouded 20 this dpscrp-
ton Of it. tuov must convict. bur r nos
they must acquIt. Ihe jury were out
hut a few minutes and brought n
rerd .ct af not EurIfv.