The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-12-28
KODGINS IS FINED $500
For His Assault on Lawyer S. B.
Iseqhart.
THIS SETTLEMENT SUITS HODGINS.
The Testimony Relating to the As
sauIt is Aired Again in the District
Court.

Court.
District Judge Hazen this morning
fined Dick Hodgins, steward of the To-
peka club, for his assault on Attorney S.
B. Isenhart He also gave the defend
ants in the Topeka club damage suits a
chance to settle the cases without COM
ing to trial, but it was not accepted.
There was lively exchange of courte-
sizes by the lawyers interested, in both
the Hodgins sentence and the club tri-
ais, but it was confined to heated talk.
At o'clock Steward Hodgins was in
court
Capt. j. G. Waters stepped forward for
Hodgins and said: sThis assault &C.
CURED at the time of the trial of the To-
peka club cases last spring. Mr. Isen-
hart introduced woman of loose pepu-
tation to testify against these gentlemen
and said on the street that he had been
told by a respectable man that fallen
women frequented the club house. Mr..
Hodgins resented this. After he had
committed the offense he was manly
enough to apologize to Mr.. Izanhart and
came and asked me to go Mr.. Isenhart
and offer an apology for him, which 1
did,
"Tell in detail about this occurrence
said Harry Stafford, when Mr.. Isenhart
had been sworn.
swell, the detail is simply this. He
came up behind me and struck me in the
back of the head, and without my seeing
him or knowing he was there. He did
not say word or give any warning"
"Where had you been just before
this?"
81 had been down to the abstract Of
fee. and had come up to the corner of
Fifth and Kansas avenue. l stood there
talking with some friends for nearly an
hour, probably three quarters of an hour.
l saw this fellow Hodgins go by south
towards my Office, but l did not thi nix
anything of it. l went on then to my
Office about three-quarters of an hour
after l saw him pass.
"Did you see him before he struck
you?"
''No, not at all, until saw him run
ming back through the door Of Thomp-
sons store, like dirty coward"
"N hat did you do when you were
struck"
81 fell to the walk and never saw him
until was getting up"
Ibid he strike you after he knocked
you down."
"I'm not sure about that, but I think
he kicked me-"
"Yes. He struck me- as hard as he
could hit me-"
Did you get up?"
Eyes"
"Where was he?"
"Going through the door of ". A. L
Thompson's store.'
where wore you bruised?"
''In the back of the head where he hit
me and around my eye where l fell to
Vhno 4 IL 7 IL, i
he struck from the side and behind, SO I
fell forward on the side of my face"
"Was there any personal account sor
| his assaulting you?"
"None, whatever"
"What have you to say to the state
ment made by Mr.. Waters?"
81 will withdraw that" interrupted the
captain. Pm going to put a witness on
the stand, and I'll withdraw it's
"Well, 1 might as we'll answer it now
that I'm up here" replied Mr.. Isenhart.
at is absolutely false. There is another
thing I want to say before l leave the
stand aud that is about the crowd of
| these club men who were standing about
at the time"
"Tell about that said Mr.. Stafford.
"There was Mr.. Eugene Hagan; we'll
there were seven or eight of the men who
belong to that club sitting or standing
were Ed Bennett, who with Eugene Ha-
gan was in constant attendance at the
trial of the club cases, Tom Kellam,
Frank Willard, Henry Strong, w. A L.
Thompson and Jake Smith"
"Was this their place of business?"
"Not for any of them except Thomp-
son and Smith. In the two years I have
had my off there I have never seen
them therec at any except this time"
10 lon W laid
assau lt?"
"Only two or three days. I'll say again
that the statement which Mr.. Waters
made about what I said on the street is a
falsehood."
MIR. Isenhart here left the stand and
Judge Hazen stated his decision.
"Our statutes on this subject seem to
be peculiarly constructed" he said, "One
cannot impose both fine and imprison-
ment for simple assault and battery. It
must be one or the other, either fine or
Imprisonment, but not both. I did not
find this out until few days ago. The
sentence of this court is that R E.
Hodgins be fined the sum of 5000 and
stand committed to the county Jail until
paid"
Mr.. Hodgins smiled at this, and it was
evident that this was agreeable.
'Now | want to settle up these Topeka
club damage suits and have ali this
wound up" continued the judge. "What
have you to say? The plaintiffs in these
cases have made proposition to you.
What have you to say?"
This was followed by a deathlike ST.
lence.
cease of W. a. L. Thompson against
L. T. Yount," called the judge deter
minedly as he turned the pages of his
trial docket
81 want to say right here that the pro-
position that these people made was
they tried to barter away this fine of
their steward by dismissing the cases
against our clients" spoke up MIR. Isen-
hart. "They can't stop a criminal prose-
cution by any such means as that Ev-
erybody knows that there is nothing in