The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-12-02
LET 'EM DOWN EASY
JUDGE WILSON ADMINISTERS A Lee
TURE AND SMALL PINE.
Both Participants in the ARRAY Monday
Afternoon Appear and the Trial Begins
on Time-Larger Audience Than the
Court Room has Held Since W. r. Camp
bell Resigned - Gardenheir Appears
Nervous, While Rutherford is as Cool ne
, Cake of Ice-Judgmeat Rendered in
the Case Is satisfactory to Everyone.

Judge Wilson's court was the center of
considerable interest yesterday as to
what disposal would be made OF the case
of Frank Gardenheir and Clarence
Rutherford, charged with disturbing the
peace. The lobby and hallway about the
court room was occupied by quite an in
terested crowd Of both coiored men and
whites. Most of the colored men were
friends of Gardenheir. while Rutherford
had his share OF sympathiZers also.
Promptly at the time set for the trial
both men appeared, and soon after
Judge Wilson took his seat and opened
fhe court. Gardenheir sat upon the east
side, while Rutherford sat next to the
table directly before the judge. He was
as calm and cool as man would be TAX
ing a bath in the river, while Gardenheir
appeared quite nervous, chewing gum
with the avidity of school girl. Ruth
erford stood UP and plead guilty. while
Gardenheir plead not guilty to the
charge Of disturbing the peace. Neither
tves represented by an attorney. Judge
Wilson explained to Gardenheir the
nature Of the plea he had made and
found ii necessary to repeat it TO him be-
H.,
he changed his plea to that of guilty.
Judge Wilson then stated that he
knew something of the case, and that
he knew neither Of the men had any
money to lose Il know" said he, that
both of you men work for all the money
you get" He then asked Rutherford If
ne was man of family, to which he
answered in the affirmative. The judge
then said: This case is a serious one,
it seems almost ridiculous TO me for a
case of so serious a nature to come up
in police court II is of SUCH a nature
that the punishment for such an Of
Tense has very often been the peniten-
tiary. AS it is, no one was injured; but
it might have easily ended in the death
of one of the participants, and had this
been the result it would have been a
very serious affair to the one still living
Men cannot be too careful about such
things. Very often in a moment of
passion brought on by the happenings
at the time, men commit acts which
they afterward are sorry for. In this
case IL ended without any one being
hurt. This may not be the end of it, but
4 hope ii will be. AS 1 said before, Meth
er OF you men have any money TO lose.
1 know this case is a very serious one
and hope it will go no farther. I will
under the circumstances and fine each of
you S.
Rutherford had sat perfectly still dur
ing the judges talk. and now got up and
promptly handed over five silver dollars.
GARDENER did not have enough to pay
his fine, but after little rustling around
he fixed it up. Rutherford left the court
room Immediately after paying his fine.
Most of the audience followed, and in a
very few moments the court room was
almost entirely clear. Rutherford's
friends went out quietly, but the colored
men INDUCED in considerable speculation.
Some described the affair very graphical
~, telling of the speed that Gardenheir
displayed in fleeing from the revolver
when it was leveled at him. others tried
to tell cf other affairs OF n similar nature
with which he had been mixed up. But
they all seemed to be satisfied with the
disposal of the case.
This affair has clreatei more Of stir
in police circles than anything which
has occurred recently, and the court
room had greater number IF persons
in it yesterday than have oeen there
since the famous whisky cases which
were prosecuted by w p. Campbell
some months ago with such :,vidIty
Clarence Rutherford is a tall Kenturk-
ian. and it seems tina: ne has little use
Tor ne colored race IN general. He is the
night Waterman at the Terth street car
barn and power house. He is Of slender
build, and has a grey moustache and
hair. Frank Gardenheir has been in The
employ of the fire department for about
twenty-one months past but was re-
Gently discharged for characterization.
He is of strong build and is as black
as the PETERS of turkey gobbler- No
IL ~ zst Is
men so far as heard of. and it is hoped
that the matter will drop. as any act OF
violence of either one toward the other
would not be Of the least particle of gain
but would be totally loss to either one
or both of Them