The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-01-21
FIGHT In A FAMILY
BUT TWO TOWNSHIPS FINALLY BE
CONE INVOLVED IN 1T.

String of People From the Cradle to the
Grave Witness the Battle Fought Out In
the District Court-Grass Widow De-
clares War an Her Step Relations and
With Swapping Sparkling Eyes Secs
Them 60 Through the Mill of Justice
1t was All Over Five Dollars Worth of
Chickens-Accused Acquitted.
The jury in the case of the state VS..
William. NOll and Warren Waters re-
turned a verdict of not guilty in the
district court last evening.
This case against William and War
ren was 10 some extent a famous one
II occupied the attention of Judge Dale
all day yesterday and the court room
has never been more crowded.
Seemingly the entire popula ton OF
two townships in two counties was
present. The two townships referred To
We're Benton township in Butler county
and Lincoln township in Sedgwiek
county.
Grandmas of eighty years and babies
fifteen days old were present. Farm
ers brought in their entire families in
/ Guiding the heirs apparent to their broad
acres and the blushing budding beauty
that will soon go 10 the crown prince
OF some other quarter section. The
country school teachers with heads
full of elsmentry civil law and country
preachers with heads full OF
/ law were also present and watch
ed and winked and nodded knowingly
as the lawyers arrived at a proposition
by an intricate system of circumlocu-
zion that the men of learning regarded
with a species of admiration that was
UndiSguiSed. The country store keeper,
the threshing machine man. the hog
buyer, the peddler, the sewing machine
agent, the lightning rod man and, in
fact, every person who has anything
to do with rural life was there-and
held independent, positive and pro-
nounced opinions as TO the guilt or in
nOcence of William Noll and Warren
Waters.
a stranger upon entering the court
room would fancy that a murder trial
Of great fame was in progress but the
fact is the whole trouble was over thir-
ty-six chickens. The value of these
chickens at the time they lived and
scra tched and cackled was less than
five dollars, but they have since cost
| this county almost a dollar for every
feather they wore in their ample plum
age.
The complaining witness was Mrs.
John Waters, a buXOm grass widow OF
thirty years or more, who. in her day.
had more than one husband. She
charged William Noll and Warren Wat
erS Of Benton township, Butler coun-
ty of stealing her three dozen chickens.
Now then this same Warren Waters
was the step son of this attractive COM
planning witness and William Non was
evidently satisfied TO be one step still
farther away from her in the line OF
COnSanguinity-he was her step son-in-
law. While she with snappy eyes sat
behind the prosecuting attorney pour
ing facts into his ears. her husband.
John Waters, with no eyes at all sat be-
hind the attorneys for thedefense advis-
/ ing them in the line of defense. Mr..
Waters had eyes until few days ago,
but having no wife handy he had to
split the kndling wood himself during
which act a splinter struck him in the
face, put out one Of his eyes and so
wounded the other that his face and
head were covered with bandages.
After John and Mrs. Waters had sep
arated the trouble commenced. AS
stated her three dozen chickens We're
stolen on the anniversary OF the battle
of Waterloo, in the year 1896. She miss
ed them a few hours after they were
supposed to have been stolen and irnme-
diaitely started on their trail. She fol-
/ lowed the wagon tracks with as much
energy and determination as Nellie Bly,
/ followed the course Of the sun around
the world and never drew normal
respiration until she arrived at the
yards of the Campbell Produce COM
pany of this city, where she swore she
saw and recOfnized the rooster that so
stately presided over his family in the
chicken rOOst the previous night. She
then learned that her step son and
step son-in-law had gold chickens TO
the COmpbell Produce company and she
swore out a complaint for their arrest.
The first trial was in Justice Jones
court and from there 1t was taken 70
the district court. John Davis prose
cuted and A. E. Helm of this city and
Judge Altman Of FL Dorado defend ed
n conviction was the result and a new
trial was asked for and granted. Since
then a gentleman in Butler county was
found who swore that while feeding his
horses the morning in question he ga "
Noll and Waters after leaving their
own home. and yet a long ways east Of
Mrs. Waters home, and that they then
had the chickens. The parties at the
Campbell Produce conpany's yards
proved also that Noll and Waters sold
them only twenty-four chickens.
The verdict was reached in a short
time after they had retired 20 their
room