The herald., 1896-02-14

was sympathizing with him. and after
| wards went to the wicket and called the
| jailer. He says that he told him he did not
| want to stay in the cell all night lying on
| the cold cement floor, as he was rheumatic
and was afraid that it would make him
sick. While still standing at the wicket
Smith says that the jailor suddenly opened
tEe door and coming into the cell without
the slightest warning gave him terrific
kick on the thigh, knocking him about eight
feet, and as he fell his leg turned under
him and he heard a sharp snap, followed
by excruciating pain, as he struck the
floor. He says that he remained where he
fell, as he was unable to get Up, and
stayed there all night The next morning
he says the jailer again entered the cell
and ordered him to get up, and when he
told him that he was unable to do SO he
was roughly jerked TO his feet and ordered
to move out. which he finally succeeded in
doing, although the eXertion caused him
excruciating pain. When the day jailer,
Moore, came on duty Smith says that he
recognized him, and when he told him that
he could give any bail that was required,
Moore reported the case to the office, and
policeman was detailed to go out with
him and get bail, which was put up by Mr..
Mathews, the paint man, and he was re-
leased from custody. Afterwards he was
treated by DR.. Williams and removed to
the room of his friend on Upper Main
Smith further says that his wife had visited
him and wanted to take him home but that
the doctor had forbidden him to be moved.
Smith showed the reporter his injuries,
which were just as he had described them.
There was an ugly bruise ON his hip, which
might have been caused by violent kick.
The leg was badly swollen and was band
aged. One of the small bones was broken,
the doctor said, and it would be some time
before he could walk. As soon as he was
able Smith said he intended to bring the
matter before the police commission, and
might institute suit against the city for
damages. He said that he had been tax
payer for years and had always been a
peaceable, law-abiding citizen, and that
the assault was committed by the jailer
without the slightest provocation. He pro-
posed to do what he could to get justice as
soon as he was able to get about.
THE JAILER's STATEMENT
The night jailer at the city prison is
Louis Siewicke. and when asked to give his
version of the affair last night, denied the
old mans story in toto. Siewicke said that
he remembered very well when Smith was
brought in. He was very drunk, and it was
noticed that he limped badly as he was
being led back to the jail by the officer.
On being taken inside he had called q
trusty to assist in taking the old man back
to his cell, when an examination was made
and it was found that his ankle was very
badly swollen. He had had Smiths leg
rubbed and had done everything possible
to make him comfortable. Siewicke said
that the old man acted very gentlemanly
and caused no trouble whatever, and that
there was no occasion for any rough treat
ment; in fact, any man who would abuse
an old man like Smith should be severely
punished.
Smith was booked as r. Smith, and the
arresting officer was Fiaeld, not McClain,
as has been stated. He was taken in after
the arrest of the cowboy preacher and his
followers. and no particular attention was
paid to the matter, owing to the excitement
al the time.
An investigation of the whole matter will
| undoubtedly be made at once, in order to
| get at all the facts of the case.