The herald., 1895-10-24
KIRK SA|D TO HAVE DIED
A Report to that Effect Circu-
lated Last Night
STRUCK BY A BARE HAND
Knocked InsensibIe by Conductor NichOl
Last Wednesday Night
Kirk Got Into a Dispute and Was Pue Off a
Vernon Car-The Different
Versions

| on warrant charging him with battery.
Nichols il u conductor OH University car
No. 100, and the offense for which he was
arrested occurred on the Vernon divis-
ion, at the corner OF Washington street
and Central avenue. The complaint is
J. W. Kirk, an employee of the Evening
Express. Mr.. Kirk and his wife got on
the car at the corner of Spring and Sec
ond streets to 60 to their home in Yer
non. Their little dog followed them into
the car an hid behind the seat. Nichols
| did not see the animal until they reached
Washington street, and then he told Mr..
Kirk that he would either have to pay so
cents or else put the dog off. Mr.. Kirk
said that he would do the latter, and told
the dog to get off the car. AS the animal
was on the steps Nichols claims that he
gave it push with his foot, whereupon
Mr.. Kirk began to abuse him. The con-
ductor said nothing, he claims. but final
ly, as Mr.. Kirk continued TO talk, he told
him to stop or he would be put off. Ii o
failed to comply with this, and then
Nicbol, saws, he and the motorneer to-
gether assisted Mr.. Kirk to the ground.
After they had started to get on the car,
Nichols claims that Mr.. Kirk dealt him
violent blow on the forehead. Ii e then
turned and struck his assailant and
knocked him senseless. Friends came up
and took charge of the injured man.
The version OF Nichols differs consider
ably from the statements made by Mr..
KIRK about the affair. The latter says
that Nichols ssruck him before they put
him off the car, and also hit him after he
had been put on the ground. Ii is un-
derstood q number of passengers were on
the car and they will corroborate his
statements.
At all events Mr.. Kirk was insensbie
until 3 o'clock Yesterday afternoon ard
his injuries are thought to be quite SER
ious. Nichols was released on $50 bonds.
SAID TO HAVE DIED.
1t was reported at an early hour this
morning that Kirk died last night from
the effects of the injuries lie had received
at the hand of Nichol. This could not be
authenticated up to the hour of going
to press.
AS soon as the police learned of the
rumor they very properly lost no time in
ssndin. Detective steele and Sergeant
Jeffries to where Nichol roomed and
bringing MIN to the station to await the
result Of inquiry as to the condition OF
Kirk.
Oa:cer Rico was sent to Vernon shortly
after l o'clock to ascertain the truth of
the re ported death. Nlchol was inter-
viewed by repl esentative from this
paper and his version OF the affair is
given.
In this interview Nichol claims that
he merely struck Kirk with his fist and
then only after the latter had first as
saulted him. 1t seems hardly posi- Bile
so slight built man as Nichol could
have dealt a blow that would of itself
Claimed Claim to have witnessed the tight said
Niahol had hit Kirk with club, and
this would seem to be borne out by the
other factg of the case.
NICHOLS STATEMENT.
A. L. Nichol, the conductor, was ar
rested at the room Of his motorneer,
531 Central avenue, at an early hour this
morning. To Herald reporter he re-
counted the details of the occurrence as
foilows
Mr.. Kirk and his wife we're seated on
the outside of the CT, (which was crowded
with passengers. | had already collected
his fare and was going through the car
when | noticed that he had.a dog with
him. l explained that it would be neces-
saYy to pay so cents fare for the animal.
| Thi. he refused to do, and upon my in
sisring Mrs. Kirk said to put the dog off
| il could. | made move to scare the
| animal and be ran out on the back plat
| form, from which l removed him with
| my loot. not by kicking him, but by
| placing my boot under his body and
showing MIN off. Kirk came out on the
platform, but Immediately returned to
his seat and began cursing and using OBJ
| scene language, much to the annoyance
of the lady passengers. / warned him
| three times to deslst, explaining that he
would have to leave the car il he did not.
! He continued his abusive language and l
| called TO the motorneer to stop the car
| and help me to put the man off.
"By main force | took him to the out
| side, where the Inotorman assisted me to
| the extent of releasing kirk's hands
when he neld to the guards. When he
was forced to the pavement Kirk struck
| me in the face, at the same time apply
| ing several vile epithets. l returned his
| blow, knocking him fiat on his back.
| lie fell to the side Of tne track. Seeing
| tn he did not rise at once | believed
| him stunned ana went 10 his assistance.
| The motorman and | tried to revive him
| and we've about to carry him into the car
| in order to take him To drug store wnen
| his wife interfered. and refused to allow
his removal. She insisted on his beng
| left alone, saying that she would take
| care of him, so l boarded my car andspro-
| ceeded toward town. Kirk was intoXi-
Gated to such degree that IL was gener-
ally remarked by those sitting around
| him.
HE is NOT DEAD.
$3.50 q. MAT this hour it was learned
| that Mr.. Kirk was not dead.