The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-10-24
OLIVER Is DISCHARGED.
1t was Not Proven that He Caused Andrew
Anderson's Death.

Charles Oliver, who was charged with
being responsible for the death of An
drew Anderson, by hitting or kicking
him in the side, on the night of October
13, was discharged from custody today
by Justice Guy.
The preponderance of evidence made
plain two facts:
That it was doubtful if young Ander-
son came to his death from blow
That Oliver did not strike Anderson.
Andrew Hansen testified that he and
Charles Oliver were not drunk that Sun
day evening, and were sitting on the
steps of house when John Anderson
and Andrew Anderson came along. The
boys said Hello" and John Anderson
said ''You can't catch me-" and ran
away. Hansen testified: II started after
John l didn't catch my boy. When l
came back Oliver was holding his boy
by the arm"
kicking?"
Il did not"
DR.. Hibben was next examined:
"Were you present at the post mortem
examination over remains of Andrew
Anderson"
81 was. 1t was on Tuesday l con-
Quoted the examination, assisted by Dr.
Bailey.
There were some rumors that the bov
died of periionitis and we opened the
body to make an examination. There
was a dscoloration of the hip joint
and the right leg was swollen a third
larger than the left one although there
was no evidence of fracture. His kid
neys were badly swollen and full of pus
and we became satisfied that the boy
died of Inflammation or abscess of the
kidneys and blood poisoning"
''What, in your opinion, would cause an
abscess of the Kidneys"
'A blow or kick might"
"Would blow on the side do this?"
mo, l think not. One on the back
might"
"You are positive then that the death
of the boy resulted from disease of the
kidneys?''
eyes, sir"
"Do you think such a condition could
be produced by blow from the fist of u
strong man like the defendant"
Yes, am sure it could"
In the cross examination DR.. Hibben
was asked:
doctor. you don't mean to say that
this effect was caused alone by blow
from human fist?"
"Oh, no. Other means might have
caused it. 1t might have been caused
by running againsta railing fence. In
fact think it more likely 10 have been
caused that way if caused from d blow"
DIR. Bailey testified to the same effect.
DR.. Fighter the attending physician
was asked:
might a blow have caused this con-
dition of the boy?"
'.It might have been caused by ex-
ternal injury"
Would blow have caused this inf1am-
nation so quicklyf"
1T might, but d blow would have more
likely caused dislccation of the kidneys
rather than Inflammation"
John Anderson, Il cousin of the dead
boy, was asked:
Did you see anything that took place
between your cousin and Oliver?"
Yes, got back there and saw oliver
hit my cousin twice in the side and once
in the back"
"WhEt did your cousin say"
"He cried and said let me alone; 1 am
hurt"
"Were these men drunk?''
"Yes, they had been drinking"
'When did YOU see your cousin again?"
"Monday morning l asked him how
he'd been ard he said, I don't feel well
and pnt his hand on his side and
limpsd.'"
= In the cross examination John Ander-
son was asked:
Didn't Oliver appear to be striking
your cousin in fun?''
Yes; he didn't hit him hard as he
could, but struck him three times"
James Kennedy, a colored milkman
who was passing along the evening of the
accident, testified:
The boy that died was running away
from Oliver. He was about fifteen feet
ahesd, and started to turn, when he fell
against the railing and began to cry"
what happened them"
"Oliver said, little boy are you hurt?
didn't want TO hurt ycu,' and lifted him
up"
Did Oliver strike Andrew?,'
"He did not. OF this l am positive"
could you have SEEM"
"Yes, sir; l was very close"
Another colored man testified to sub
stantially the same facts as Kennedy.
Charles Oliver was put on the stand.
He was asked:
"Did you get any liquor on lhat day 2"
"Yes, pint at 2 o'clock, OF nearly a
pint"
Tell what happened that night"
1--WE were sitting on the steps when
the boys came along. John Anderson said
you can't catch me- aud started TO run.
both of them then ran and we after
them,
II chased Andy and was about six feet
behind him when he turned sharply and
struck post and fell.
II went to help him up and he said he
had hurt his hip.
81 was not Intoxicated"
Atthe conclusion of this witness testi-
mony Justice Guy discharged the pris-
oner.