The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-02-15
CASE IS CONTINUED
J. B. Nichols Trial Postponed
Until Monday.
MRS. SEARL Is ARRESTED
Connected With the Case as
Co-Defendant.

The case against l. B. Nichols and Mrs
Lou Scarf was up again before Justice
! Enoch yesterday Attorney Jones for the
! defense, asked for a further continuance
on the ground that one Of the defendants,
Mrs Scarf, was not able TO appear IN
court. owing to her illness and being I'M
der the care of a physician who furnished
the defense with a certificate stating that
! the lady was in too precarious condition
! to leave her bed or ogive her deposition.
! Arguments were made TO some length by
attorneys on both sides, County Attorney
! Amidon citing many instances in similar
! proceedings where a case was allowed 10
go on when no cause for continuance
was properly introduced, but Attorney
| Jones was prepared for all objections that
might arise in case the continuance was
not according to the desired wishes Of
the county attorney. Several volumes Of
! the Kansas statutes were consulted and
decisions referred to, but It was finally
shown satisfactorily TO the court that the
defense was legally entitled TO a continu-
ance and the case was postponed until
Monday morning. a 9 o'clock.
During the discussion on the part OF At
torneys Amidon and Jones. little infor-
nation leaked into the ruse and Consta-
bic Voss hastily left the room with the
warrant he had in his possession for the
arrest Of Mrs. Scarf, whose whereabouts
up to the time had not been known 10 the
officers. Constable Voss got back TO the
court room before the case had been post
Of the county attorney and he Immediately
stated 10 the court that be had no further
objection TO continuance, and asked the
attorney for the defense when ne would be
prepared TO try the case. 1t was finally
agreed that the case should be set for
next week and Monday would suit both
parties. Later in the day the arrest Of
Mrs. Scarf was made by Constable Voss,
who found the lady confined 10 her bed at
the home of the defendants mother, al
1903 East First street. The constable tele-
phoned for the city ambulance, having first
taken County Physician Jordan TO the
Iady's residence and getting professional
opinion from him that it would not en-
danger Mrs. Searps life to remove fer.
When the ambulance arrived Mrs. Scarf
seriously objected to riding in the wagon,
which is used on other occasions as
"hoodlum" wagon, and so notified ths
constable. He then asked the lady If she
would agree 70 accompany him in a closed
carriage which she readily acquiesced in
and she was then driven to the City hos
pital where a reporter FOR the Eagle o.
tanned the following statement Of her side
of the case She said: "I came to Wichita
to solicit orders for optical goods for DR..
Nichols I worked for Mr.. L 3. Nichols
in Chicago. where I lived before coming
here a short time go. It was really nee
essary for me to do some kind of work
for a living and I wanted to get away
from my husbands treatment and neces-
sarily had 10 earn my living for myself and
adopted daughter who is u years Of age.
I had, previous to my coming to this city,
written 10 Mr.. Nichols asking him if
could work in Wichita for him and received
a reply to come to work at once Ny
husband had failed to support me and
was absolutely compelled TO work. and
having some knowledge of the business, I
wrote to him first 10 know if I could work
here. Ny. husband has driven me- on
more than one occasion, from my home,
which consisted Of two rooms IN a fiat in
the city Of Chicago, and on those occa-
sious I was forced to accept the hospital
ity Of Mr. and Mrs. Nichols. who always
gave me welcome. It has been statrd
by Mr.. Scarf that Mr.. Nichols has a wife
and daughter and that they were living
in Detroit, Mich. But I want to correct
the impression that he is now living with
the former Mrs. Nichols. as they have
both been divorced nearly three years.
When Mr.. Nichols and his family were
living together they were always my
friends. and Mrs. Nichols IS today one OF
my best friends.
Mr.. Nichols. whom I have been
wrongly accused Of being the wife Of, was
never a guest at the hotel in this city
where I stopped with Dr.. Frank Nichols
and his wife. Mr. I. B. Nichols came
there in q business capacity during the
day. TO see his brother, the doctor. and
this is probably how the report got c!rcu-
lated that a Dr. Nichols and his wife were
stopping at the hotel And I have been
mistaken for Mrs. DR.. Nichols. Mr.. I. p.
Nichols has a mother living here, where
he made his home, and where I was glad
to so when the officers were threatening
me with arrest. and "a I learned they
were going TO throw me into Jail with
out means 70 defend myself with. did
not hesitate 70 20 At once for protection.
and 7 nave been there with Mr.. Nichols
mother since Saturday morning and was
there when the officer came and placed
me under arrest.
II consider Il an outrage and the per
secution Of a husband who does nothing
toward my support, but compe.s ne 10
earn ny living and then follows IL up with
persecution. 7 never want . see him
again and wish he would leave me TO spend
the last few years % my life in what little
comfort I can provide myealf With by
working while a little - my health is
spared"
UNCLE SAM PAYS THE WAY