The Goodland republic. [volume] (Goodland, Kan.) 1891-1907, 1894-04-20
scHELL ACQUITTED.
The Jury Decide That H. n. sch4n '
Not GniIfY

The Jury Decide That H. n. Schen Was
Not Guilty.
The trial of H. n. Schell, the livery
man, for assaulting Harley Hogeboom
on the night of March 81, was held be-
fore Judge Albee at the court house
Friday. From the testimony it was
CLEANED that on the night in question
Harley was at the home of the defend
ant calling upon Clara Blodgett, who
was stopping at that place. While
there Mr.. Schen accused Harley of
saying and writing slanderous things
of Schell and his family and had urged
Miss Blodgett to leave. This Harley
denied, and in the controversy the lie
was passed. This lead to hostilities in
which Harley was struck on the head
by a revolver in the hands of Mr.
Schell, the revolver being discharged
in the scuffie that then ensued.
The following jury was empaneled to
try the case: b. Jansson, George De-
Bord, w. d. Jeffrey, Fred Dawson,
H. A. Collins, w. n. Roe, d. G.. Clark,
G. L. Davis, II. G.. Tagtmeyer. S. Parker,
D. L. Dun, and j. Dink.
After the opening address to the jury
by the states attorney, Mr.. Andrews,
the first witness for the state was called,
which was the complainant
His version of the affair was that on
the evening of March 81 he made call
upon Miss Blodgett at the Schell resi-
dence. While there he was accused by
Mr.. Schell of giving utterance to Sian
derous reports about SchelI and his
family and had endeavored to get Miss
Blodgett to leave. This he denied.
whereupon Shell called him liar At
the time he made motion toward his
pistol pocket, when Schell told him
not to draw gun on him. Witness
told Schell he never had a gun and
made motion toward the danger hold
out again, when Scheu drew a revolver
from his pocket and struck the witness
three times on the head with it and in
the scuf1e which followed between the
defendant and the witness, assisted by
his brother, Horace, the weapon was
discharged.
Horace Hogeboom was next called
and testified ia substantially the same
strain as the preceding witness.
William Hogeboom was next called.
He is the father of the complaining
witness and testified to the cuts on the
boys head and to conversation held
with Schell the next day after the oc-
currence of the alleged assault.
MISS OldTd DlOuR6CD was the next on
the stand, and corroborated the eVi-
dence given by the preceding witness.
Considerable Sparing for position was
done by the attorneys over this witness
in obtaining the real or imagined
affection of the witness for the com
plainant, but the court and attorney
for the prosecution confined the de-
Tense down to real facts, and thereby
saved the young lady many embarass-
ing questions.
Here the prosecution rested and the
defense opened. Mr.. Knight addressed
the jury and put the defendant on the
stand. His testimony was that the
complainant first called him liar and
first assaulted him, and that he only
drew a revolver when the complainant
made threatening gesture toward a
pocket known as the ".pistol pocket
Misses Clara, Jessie, and Eva Sohell
were called and corroborated the tes-
timony of their father.
Joe Mcdowell was then called as an
expert as to whether a hammerless
double-action revolver could be dis
charged by striking it against some
thing without the trigger being pulled.
The case was left with the jury about
g D. m. After a careful review Of the
evidence by both attorneys, and &fter
being out nearly all night, they re-.
turned a verdict Of defendant
guilty"