The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-08-20
HE is INDICATED
JURY SAYS FITZPATRICK WAS
WRONGED BY MCCULLOUGH

entity of Assault and Battery Upon
the Sewer mmissioner-He Took an
Appeal to the District Court Where the
Case VIII be Tried Over Again-several
witnesses Describe the Fisht-Sever.i
Also Testified That the Complaining
Witness Was Duly Sober at the Time.
Sewer Commissioner Ed. Fitzpatrick
was indicated yesterday in the court
OF Judge Glenn by the conviction OF his
assxailant, John Mccullough. of assault
I and battery
( 1t was a great case and the chef
incidents in it are well remembered by
/ the readers of the Eagle.
1t was about II O'Clock on the night
of August that the ARRAY took place.
/ Mr.. Fitzpatrick and a Mr.. Murphy.
| governed by the socia5.e nature that
men who bear that name are known 80
! possess, met on North Main street and
went into a restaurant to indulge in
| cigar.
Mr.. Mccullough. bearing a name sug-
| gestive of equal socilbili-y but OF
| complexion and color different from
the others saw them go in and told
companion named Hawkins that he
would nor go home for a Few hours
yet; that Mr.. Fitzpatrick owed him
dollar and he wanted TO get it. The
/ said Mr.. Mccullough waited on the out
side for some time, and when Mr.. ritz
patrick and his friend Murphy came
out they stood on the curbstone indulg-
/ ing in eulogies of the fine climate Of
| Wichita.
Mr. Mccullough saw them and he
went UP TO Mr.. Fitzpatrick and dunned
him for the dollar.
AT this point, and not until this point,
do the stories Of the ARRAY differ.
AT any rate there was a fight. Mr..
Fitzpatrick and Mr.. Mccullough clinch-
ed and down they went on the side
walk. At first Fitz was on top. but
IN the course of human events Nc
Cullough rolled over him. a large crowd
congregated, Principally colored men,
and Fftz thought the jig was up with
him sure. Mr.. Mccullough was pretty
hot and as he stood over Fftz he was
about to plant the heel of his shoe in his
eye, when ]. P. Allen, who was quiet
ly vending his way homeward, saw
the ARRAY. blessed are the peace
makers" has always been his motto
and he pulled John McCullough's leg
that is, he pulled IL aside-and thus
saved the face of the sewer commits
sfoner from the heel of his assaiant's
Shroe.
In due course of time Mr.. Fitzpatrick
had a warrant issued for tn arrest of
Mr.. Mccullough and the trial yester-
day was the result. Earl Blake and
Jesse Haymaker prosecuted and Kos
Harris defended Mr.. Mccullough.
Ind 70 p
est judicial dignity and had a jury Of
twelve first-class gentlemen at his side.
Mr. Fitzpatrick testified that he was
quietly talking with Mr.. Murphy when
Mr. Mccullough came along and boned
him for a dollar and then b.ffed him
one in the eye. He said he believed there
was a conspiracy to do him up on ac
count of the activity he displayed in
the Second ward primaries. He said
that colored people fnsulted him sew
eral times during the progress of the
primaries, but that he did not resent
it as he had been informed by a GER
tain colored man named Mcdaniel that
a conspiracy had been Matched to ag-
gravate him sufficiently to cause trouble
and give him the worst OF it. He was
quite sure that on The night Of the af-
fray he did nothing to provoke Nc |
Cullough to strike him.
Kos Harris looked fierce at Fitz du- 1
ring the crosS-examination. but the I
sewer commissioner was equal to the /
occasion.
Mr.. Murphy was the next witness 4
examined and he told all he knew about i
the fight. He denied having helped i
Fitzpatrick in the fight for the reason, |
az he stated. that F'itz had the best Of /
II and he did not want TO interfere with |
him. He denied also telling the night 1
clerk at the Occidental THAI he helped 4
his friend in the melee. He swore pos
itively that he, himself, was duly So
Der and so was Fitz.
]. p. Allen described his peaceable
part in the ARRAY. He was quietly GO
ing home when the saw a terrible commo
ton and he got there in time TO see a
man left his shoe over Fftzpatrick's
face. He did not want to see any
body's face mutiIated and he pulled
the mans leg aside and thus saved
the countenance of Mr.. Fitzpatrick.
He said he saw Mr.. Fitzpatrick aeter
the fight was over and recognized Sim
for the first time. He did not claim
10 be an expert, but ne considered the
scewer commissioner sober.
A reporter for the Eagle described
Fits war marks after the fight was
over and he said that Fitz appeared
TO be sober. but somewhat excited.
John Mccullough, the defendant, sta
ted that he asked Fitz for a dollar he |
owed him since the spring election,
and that Fitz caught him by the Shout
ders and called him a name that would
not look we'll in print. He then called
Fitz a liar aud struck him and in the
tussle Murphy threw him down and
Fitz fell on top Of him and punched
him couple OF times. He rolled over
and thought II not improbable that in
his excitement ne might have attempt
ed to kick him. but not 10 stamp him.
The night clerk of the Occidental
swore that Murphy, who is a railroad
man, told him that he threw the col
ored man down.
Mr.. Burt, who was sitting near the
scene OF the fight. did not see Murphy
touch Mr.. Mccullough.
The jury after proper elaboration re-
tunred a verdict against Mccullough
and Kos Harris appealed the case 10
the district court.