davidaulloa/AmericanStories huggingface dataset:
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1895-06-22
ATTACK ON sHUFELDr DlsrlLLERY
Armed Men and Marshals Exchanged
Shots. but No One Was Hurt.

chOtS, but NO Ouc was Hurt.
Chicago. June 1.-THE attack on the
Shufeldt distillery, one of the plants Of
the whisky trust, occurred at l O'clock
this morning, when a dozen armed men
attempted to take possession. The at
lacking party WAC met by the deputy mar
shals placed on guard by Receiver Nc
Nulta, and after a harmless exchange Of
twenty-five or thirty shots the men re-
treated. Trouble has been expected since
the recent decision of the Illinois supreme
court declaring the whisky trust illegal.
The Shufeldt plant, where last nights
trouble occurred, is located at Chicago
avenue and the river. The attacking par
ty when first seen by the guards was
gliding silently down in a scow. The dep
uty marshals were quietly punched at the
landing, and when the scow neared the
shore the men aboard were commanded
to surrender. They replied with a volley
of revolver shots, and the deputies
promptly opened fire. Under hot volley
the men quickly dropped down the river,
reached a landing and disappeared. The
force Of deputies at the plant was doubled
today in anticipation of further trouble.
Who is responsible for the attack the
authorities refuse to say. The Shufeldt
distillery was sold to the whisky trust by
the millionaire Lynch family. Thomas
Lynch, Jr., has been reported as having
declared his intention of regaining pos
session of the distillery.
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1895-06-22
CHAUNCEY DEPEW CAN'T ATTEND
His Face VIII Bs Missed at the Hepub-
lican League Convention.

His Face VIII Bs Missed at the Sepub-
lican Leagse Convention.
Cleveland. June 15.-The following
telegram has been received from
Chauncey M. Depew in reply to an in
quiry as to whether he could attend the
republican national league convention
next week:
New York, June Ia have notified
the committee of the impossibility of
my staying over the goth at Cleveland
to attend the league meeting. I leave
here tomorrow for Nashville to deliver
the annual address at the Vanderbilt
university and make one other speech
on scholastic matters. Returning,
will arrive at Cleveland on the 10Th at
8 o'clock and leave at g.
CHAUNCEY NJ. DEPEW.
1t is probable that strong delegation
will meet Mr.. Depew at the depot and
endesvor to prevail upon him to aa-
dress the convention.
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1895-06-22
CONTESTS IN ELECTION CASES
Twenty. Six VIII he brought Before the
Next House.

Washington. June H.-Clerk Kerr of the
house of representatives today opened
the papers in the contested election cases
of Kearby VS.. Abbott in the Sixth Texas
district; Rosenthal VS.. Crowley in the
Tenth Texas district; Thorpe VS.. Kenney
from the Fourth Virginia district and
Boose VS.. Rusk from the Third Maryland
district. The papers in each instance
were opened in the presence Of either or
both of the parties to the contest or their
representatives, and the ceremony con-
sisted merely in a hurried inspection OF
the documents, which had been previous
ly mailed to the clerk in a sealed pack
age and had been in that condition in
his office up to this time. After being
opened the cases were sent to the public
printer and will be put in shape for the
convenience Of the committee on elections.
AS there are 26 contests to be settled by
the next house ii is evident that the cleo
tons committee will have all the work II
will care to undertake.
THE BELKNAP CASE.
Chicago, June 1.-THE taking of testi-
mony to be presented to the house OF rep
resentatives in the contest of Hugh r.
Belknap for the seat of Congressman Nc
Kinnon of the Third Illinois district was
begun today A large number OF witness
es were examined and much testimony
showing the disgraceful conduct of cleo
ton officials was given.
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1895-06-22
PRESIDENT SAILS FOR GRAY GABLES
Will Occupy His Country Seat Until
the Fall.

Washington, June 17.-President Cleve-
land, accompanied by Private Secretary
Henry G.. Thurber, left Washington today
in a private car attached to the regular
Pennsylvania railroad train. Leaving
Washington at 1907 a. m, they arrived at
Jersey City at 1130. and going aboard
Mr.. Benedct's yacht Oneida, which had
been waiting there several days, will pro-
coed at once to Gray Gables. They are
not expected to return to Washington be-
fore next fall.
New York, June 17.-President Cleve-
land, accompanied by his private secre-
tary, Henry Thurber, and DR.. O'Reilly,
arrived at the Pennsylvania railroad de-
pot in Jersey City this afternoon. They
were greeted by e. c. Benedict and they
walked to where the steamer John e.
Moore was tied up. From the deck of the
Moore they descended into Mr.. Benedict's
steam launch and were quickly trans
ferred to the steam yacht Oneida. The
Oneida weighed anchor and steamed down
the river en- route to Buzzard's bay.
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1895-06-22
OREGON IMPROVEMENT ELECTION
Two Tickets for Directors Voted Upon
and the Count Is Not Completed.

and the Count Is Not Completed.
Portland, Or, June 1.-THE annual
meeting Of the stockholders of the Ore
in this city this afternoon. The meet
ing was called to order by President w.
II. Starbuck, and Secretary Poster act
ed as secretary of the meeting. Mr.
Starbuck had as his attorneys w H
Prince Of Seattle and James McNaught
Of New York. Mr.. Smith was repre-
sented by Fred II. Holman and George
r. Williams Of this city. The annual
report OF the president was received,
but not read, and balloting for directors
was Immediately commenced.
There were two tickets. The one rep
resenting the Elijah Smith faction was
as follows: Henry Failing, C. II. Lewis.
c. A. Dolph w. M. Ladd, ]. Bourne,
Jr., Elijah Smith. Edwin S. Holey, w.
]. Hoffman, ]. b. O'Neill, Charles Nc
QUAD and Charles Schultz. Those Of
fered for directors by the faction now in
control. that is, the ticket Of President
Starbuck, was as follows: Henry Fail
ing, c. II. Lewis, w. NJ. Laid, c. A.
Dolph, Joseph Simon, Portland; Will
liam f. Robertson. George Taylor. C. J.
Smith, c. 3. Tedcastle, f. H. Prince
w H. Starbuck. Before the counting
Of the votes was completed a recess
was taken until 10 a. m. tomorrow. 1t
can not be ascertained how much Of the
stock has to be voted until the count is
completed. The Smith faction claim
that they voted $4,000 shares, which Is a
majority
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1895-06-22
eRYAN's REPLY TO MIR. CARLISLE
Secretary of the Treasury Has No Dig.
nifty 10 Spare.

St. Louis, June 16.-Ex-C Congressman
Bryan of Nebraska, who passed through
here this afternoon on his way to Boone
vile, Md, had this to say to Carlisle's re-
fusal to debate with him:
IT knew nothing of the proposed debate
until / saw Secretary Carlisles interview
IN this mornings paper. would be willing
to debate with him. but not with any idea
of acquiring dignity, for l do not think
an American who has so little faith in
his countrymen as to employ the Roths-
child-Morgan syndicate to protect the
treasury Of the United States has any
dignity to impart TO others"
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1895-06-22
STRIKERS DROVE woRkMEN AWAY
New Men at the United Salt Works Com
PEELED 10 Quit.

Cleveland, Ohio June 1.-Two hundred
strikers at the United Salt Works went
to the plant armed with clubs and COM
PEELED those at work to quit. The strikers
demand an increase of wages of 80 cents
a day. The works are guarded by the
police and any attempt to put new men
to work will likely cause serious trouble.
Late yesterday afternoon the strikers
drove IS firemen at the central works
away from their boilers. Late this after
noon they entered in front Of the cooper
shop and sent a delegation to the barrel
makers demanding that they quit work.
The coopers refused to stop work. The
strikers then threatened to make trouble
not only at the central works but at the
branch establishments in Newburg. The
police are alert and expect a riotous out
break at any time.
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1895-06-22
LEE YUEN CAN'T ABIDE WITH US
A Restriction Law Decision Which Is
Apparently Unjust.

Chicago, June 17-United States Deputy
Marshals Bothwick and Mcmahon of the
southern district of New York, arrived
in the city yesterday, having in charge
Lee Yuen, a Chinaman, they are taking
to Tacoma to ship back to China. Lee
Yuen came to America when he was 10
years old, remained several years and re-
turned to China. He came back again
after the Chinese restriction law was
adopted and was arrested in New York
just after he had opened a laundry on
Mott street. A long and bitterly fought
legal contest over the constitutionality
of the restriction law resulted in a de-
cison by Commissioner John A. Shield
of the circuit court of the southern dis
trict of New York, in which 1t was held
that Lee Yuen, despite his former resi-
dence in the United States. came under
the provisions of the law and must go
back to his native land.
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1895-06-22
DISASTERS ON OCEAN AND CHANNEL
American Schooner Alma Cummings
Water-Logged and Dismasted.


Queenstown, June 1.-THE British
ship Enoch. Captain Gordon. from San
Francisco. March 2, has arrived here,
and reports that June 3 300 miles south
west OF Western island, she passed the
American schooner Alma Cummings,
before reported abandoned. water
logged and dismasted. The Alma Cum
mings left Port Royal January II for
Boston
CRATHIE'S NATE TO BLAME.
London June 1.-THE board Of trade,
after examining thoroughly all reports
regarding the sinking Of the North Ger
man Lloyd steamship Elbe. January 81.
which resulted in a loss Of about go
lives, has ruled that the mate of the
Crathie, the British steamer which ran
into and sunk the German steamship,
was responsible for the disaster and
consequently the mates certificate was
suspended.
THE OLYMPIA TOPHEAVY.
San Francisco, June 1.-THE naval
reserve has just returned from it's an
nual cruise on the United States steam
er Olympia, and an evening paper says
the citizen marines discovered that the
Olympia is 80 topheavy that both her
officers and men are afraid of her. She
is said to have behaved In an alarming
manner on her trip to Santa Cruz.
COLIMA INQUIRY.
San Francisco, June 1.-THE federal
investigation into the circumstances
which led to the laundering of the
steamer Colima was resumed this af-
ternoon- Today's proceedings were un-
important.
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1895-06-22
VALUABLE PACKAGE LOST AND FOUND
Postoffice Employe Claims lie Picked 1t
Up in the Street.

Montgomery, Ala, June 17.-Josiah Nor
ris & Co., bankers, Saturday sent a $4,000
package to a New York bank. insuring
as usual. The postal agent receipted to
the Montgomery postoffice for a money
package Shortly afterward the mail
pouch was found cut open. Postmaster
Screws telegraphed Inspector Barrett at
Chattanooga to investigate. A postoffice
employee named Armstrong returned Sun
day, claiming he had found it in the street.
Armstrong was arrested this morning.
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1895-06-22
Wabash OfficiaIs Arrested

Wabash, Ind, June 17.-Judson X. Lu-
kens, Elias p. Saylors and James d. Star
buck, commissioners Of Wabash county,
were arrested this afternoon. Nineteen
indictments were found against the three
for the misuse of public funds and maxi
ing illegal allowances.
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1895-06-22
sTocKs KERs HAD A FALLING OUT
Firm Managing the Fair Wheat Deal TO
Have an Accounting.

San Francisco, June III. w. Nc
Glauflin and Eugene NJ. Breeze the stock
brokers who, under the firm name Of l..
w McGlauhin & Co., engineered the Fair
wheat deal, by which the Fair estate lost
from two to three million dollars, have
fallen out and McGlauhin has sued Breeze
for an accounting. He charges Breeze
with emhezzlement and with having de-
stroyed the papers and mutilated the rec
ords, especially those relating to the Fair
wheat transaction. A receiver has been
appointed by the superior court to close
up the business of the firm.
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1895-06-22
Anaeonda Church nedieation.

Anaconda, June ia Scandinavian
church, undenominational, was dedicated
to the city today. All the local pastors
participated in the exercises. Rev. G.
Wheaty preached the dedicatory sermon
The visiting pastors were Rev. Nelson
and Rev. AIelby of Butte, and Revs. Tar
son and Hauge of Helena.
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1895-06-22
waterworks boilers Explonded

Union City, Tenn, June 1.-THE boilers
at the waterworks here exploded this
afterneen. Engineer Carman was killed
instantly and it is thought others were
badly hurt. The cause was the letting of
cold water into the boilers. The city is
now without water and lights.
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1895-06-22
cHAUNcEY D6Pew AT NASHVILLE
Guest of Honor and After Dinner Speak
er at an Alumni Banquet.

Nashville, June 17.-Chauncey M. De-
pew and party were rendered a reception
at the University Club this afternoon,
which was largely attended. Tonight af-
ter the regular meeting Mr.. Depew was
made the guest Of honor at the alumni
banquet and delivered a charming after
dinner speech. Tomorrow night he deliv-
ers the commencement address al the
tabernacle.
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1895-06-22
EUROPEAN CONTROL OF ARMENIA
The Porte Asks That 1t BE Limited to
Three Years

Constantinople, June 16.-Upon the ap-
pointment OF Said Pasha as grand vizier
the powers have granted the porte's re-
quest for further time to consider the
Armenian scheme Of reforms. 1t is stated
that Turkey has given a reply, answering
to the principle of European control but
asking that the period Of control be limit
ed and suggesting a three years limit.
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1895-06-22
PUNISHMENT WILL FIT THE CRIME
Ex.Treasurer Taylor of South Dakota
Must Take His Medicine.

Deadwood, s. D.. June 17.-State Treas
urer Phillips received advices today that
W. w. Taylor ex-treasurer of South
Dakota, would be sure ndered to the au-
thorities at Pierre on Tuesday. The South
Dakota officials say that Taylor VIII be
compelled to make restoration in full and
no action on his part or the part Of his
bondsmen to this end will mitigate the
degree Of his crime or lessen his punish
ment.
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1895-06-22
CARLIsLEs PRIDE HURT.
A NOTED CASE ON IN NEBRASKA
Secrets of Old Vigilance Committees
Nav BE Uuearthed.

May BE Uuearthed.
Omaha, June 16.-A special to the Bee
from Butte. Neb.. says: Tomorrow the
great Barrett Scott case will start with
the first witness. The case is the sole
topic of conversation in this section and
is calculated to uneerth many of the Sc
crets of the old vigilance committee which
has done much in making the criminal
history of northwestern Nebraska.
The town has been crowded all day with
farmers who have been summoned as
Jurors. Every man on the jury Is far
mer and at least five OF the twelve are
populists. The court is being held In g
vacant building. formerly used as a sa-
loon, which is ventilated In the front and
rear only.
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1895-06-22
DEFAULTER TAYLOR GOING HOME
VIII Make All the Reparation Possible
TO South Dakota.

TO South Dakota.
Chicago, June 16.-Taylor, the default
ing treasurer Of South Dakota, left here
at 6:10 o'clock on the Northwestern
train for Pierre, South Dakota, where
he will give himself up. 1t was a little
over four months ago that Taylor
passed through Chicago on his way to
the tropics, where he has successfully
evaded the cohort of detectives who
never quit his trail from the day that he
left South Dakota. He is sunburnt and
careworn from his travels and troubles
and expressed himself to friends as very
glad that he was returning home to
erty.
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1895-06-22
TRIAL OF BARRETT SCOTT LYNcHeRs
Attorneys for Defense Fighting Hard
for Acquittal.

Omaha, Neb.. June ia special to the
Bee from Butte, Neb., says that the work
of securing a jury for the alleged lynchers
of Barrett Scott, the defaulting treasurer
OF Holt county, was completed at noon.
The attorneys Of the defense then moved
reason that they had already been placed
in jeopardy and could not be arrested the
second time. The court then tok recess
to consider the motion.
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1895-06-22
Uprising in Bogota

New York, June ia special to the
World from Bogota says 800 infantry
troops with four pieces OF light artillery
have started for Barranquilla. This con-
firms the news Of an uprising there.
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1895-06-22

Boston, Mass, June 17.-Bunker Hill day
was celebrated on a larger scale than
usual today. There was a grand street
parade under the auspices of King Solo
mons lodge of Free Masons, and this
evening there was a banquet at which
Governor Greenhalge presided.
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1895-06-22
killed Wife and Paramour.

Louisville, June 16.-Arthur Gourdin, a
shoemaker living at Bowlingtown, Is
miles from this city, shot and probably
fatally wounded Thomas Murphy, and
then stabbed his wife to death, at o'clock
tonight. Gourdin suspected Murphy of be-
ing intimate with his wife.
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1895-06-22
MOVEMENTS OF CANAL PROMOTERS
United States Commission Returns July
I-Pier Of Panama People.

Colon, June 15.-The Panama railroad
is coaling the u. S. s. Montgomery, which
will return to Greytown, Nicaragua. to
embark the United States Nicaraguan ca
nal commission, returning here by July /.
The Panama Canal Company is on the
point of commencing the building of a
pier at Boca in order to avoid the light
erage OF freight in transit.
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1895-06-22
Lamont TO Take a Trin.

Washington, June 15.-Secretary La
mont. with Mrs. Lamont. will leave next
week for a western trip. He will be &C
companied by Quartermaster General
Batcheldor. Secretary Lamont may ex-
tend his trip to the Pacific coast.
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1895-06-22
TOULON TO WEAR MOURNING.
THE TENINo PosToFFlce ROBBED
Over $500 in Stamps and Coin Secured
by the burglars.

Olympia, June 17.-News reached this
city that early yesterday morning the
Tenino postoffice was entered by burglars,
the safe broken open and $l62 so in stamps,
$50 in gold, silver and bills and 81. 80 in PEN
MES taken therefrom. The safe was OPEN
ed with a sledgehammer.
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1895-06-22
THE FREE SILVER MAN IN THE LEAD
Kentucky's Governor Must Be in Favor
OF Free Coinage.

kentucky's Governor Must Be in Favor
OF Free Coinage.
Frankfort, KY, June 1s-News re-
ceived from today's democratic pri-
maries gives Hardin, candidate for gov
ernor. Montgomery Clark. Jessamin,
Scott. Kenton, Henry and Franklin
counties, with Logan uninstructed, but
for free silver. For Clay, Jefferson and
Fayette were carried. Hardin repre-
sents the free silver faction and Clay
the opposition.
CARLISLE'S PRIDE HURT.
Lexington, June 15.-Secretay Carlisle
said tonight in an interview on the sub
ject Of meeting William J. Bryan Of
Nebraska here in debate: WHAT dig
Nifty him by debating with him." said
the secretary, almost angrily. mo; he
is a populist; he is not democrat Did
not he say in Louisiana that If a silver
plank was not put in the democratic
platform he would be against party
success? No, will not meet him un-
der any circumstances"
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1895-06-22
RUSSIAN AND FRENCH SHIPS AT KEEL
Exchanged Cheers With German Guard
Ships on Their Arrival

Kiel, June 1.-THE Russian and French
squadrons which are to take part in the
ceremonies attendant upon the opening
of the Baltic and North Sea canal arrived
here together today and exchanged cheers
with the German guardships. The Italian
squadron arrived some time later.
TOULON TO WEAR MOURNING.
Toulon, June 1.-THE city council has
decided to half-mast the flags on all pub
lie buildings while the French ships are at
Kiel.
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1895-06-22
LIGHTING ON FoRMosA ISLAND
Japanese Attacking Forts Occupied by
Lon Thousand Hack Elnas

Ton ITOusHnu UIaCh TINgs.
London, June ia special dispatch
from Shanghai today says: Fighting is
in progress at Taiwan, island of Formo-
sa, where 10000 black flags under General
LII Yung are assembled. The japanese
are attacking the forts at that place and
the British warship Spartan is removing
foreigners from the town.
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1895-06-22

All through the Spallumcheen valley
the crops are looking wonderfully well.
The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1895-04-25
A RICH GOLD MINE.
Near Lost Mountain in This
County.
ASSAYS FROM $40 TO S54 PER TON,
Shafts Sunk and Work will Begin at
Once by Mcdaniel aud Others.
Gold Must be Had.

The Kemp Gold Mine, scar Lost Noun
tain, will be known as the Hattie Ellen.
Mr.. /. S. Mcdaniel, practical mining en-
gineer, writes us that Mr.. H. @. Russell
OF Marquett. Mich, is there with the privi>
lege CT buying the mina, but having failed
to make a satisfactory trade, the mine will
be worked by the present owners, and will
be at work before we go to print. The de-
velopments that have been made on the
property are very satisfactory. Mr.. Me-
Daniel says that they have eight openings
ranging from eight TO thirty feet Deep
which shows the vein proper to be three
feet thick, lying at an angle Of 80 degrees
to the southeast They have had the dirt
assayed in Birmingham, New York, Chica-
GO aud Denver. The assays turn out from
$40 to $54 IS per ton; more OF them run
1913 TO $37 than any other way This in>
dicstes good paying nine when proper-
ly worked. The mine has been examined
by some of the besttexperis, such as Allen
Embry, OF New York, d G. King, of
Denver, Col, P. Il. Duffy, OF New York,
q. w. Kelly, of CHICAGO, and t. Huseman,
OF St. Louis, All OF them say that the
mine is good one.
The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1895-04-25
A LIVELY TIME.
Our MarShals Have to Use
Pistol and Club.
ALARGE CROWD QUICKLY GATHERED
Two Belligercnt violators Of Law Re.
sist and Create a RiOtOus Com.
motion but are Subdued.

Our Marshals had quite lively time OF
it last Saturday night. Mr.. Henry Guess,
under the influence of old tangle-leg, re-
sisted Marshal Noon in his effort to arrest
him until ne had to be dubbed. While
Mr. Moon was placing him in the cala~
boose, Deputy Marshal Hicks. in attempt-
ing to arrest Bud Frazier, colored, who
was using profane language and acting
disorderly on Mill street, was having quite
a tussle with Frazier. who resisted arrest
and used abusive language to Mr.. Hicks.
During the rumpus very large crowd
gathered, mostly colored people, who
seemed to be IN sympathy with their col.
ored brother and crowded around Hicks
and Frazier. Frazier was handed stick
or grabbed one from the hand Of some one
standing by, and struck Mr.. Hicks on the
head with it. Marshal Hicks used his
club on Frazier striking him on the arms
several times. When Frazier struck Mar
shall Hicks on the head, he broke away and
ran around the back part of Legg g. Bros.
grocery store. Hicks fred his pistol at
Frazier and missed him. He then pur-
sued and captured him and by the help Of
others carried him to the calaboose, where
he was several hours after, turned out on
bond. Two or three hundred negroes and
whites gathered, and for brief time It
looked as it a riot would ensue, but the
prisoner was safely landed IL the Gala
boose without any further disturbance save
the fact that some very abusive language
was heaped upon Marshal Hicks by the
prisoner