The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-02-21
VERDICT NOT GUILTY
]. B. Nichols and Lou Scarf
Acquitted in Thirty Minutes
BY A JURY OF SIX MEN
Mrs, Scarf Was Only a Guest
While Selling SpeCtaCIes,

The case OF the state against I. B. Mich
ols and Mrs. L. c. Scarf came up for
hearing yesterday in Justice Enoch's court
on the charge Of adultery. made By
Charles Scarf Of Chicago. Ill. the husband
Of the Scarf woman in the case.
The morning was occupied il summoning
q jury and the case went 10 trial at 100
o'clock yesterday afternoon, resulting il z
verdict in favor Of the defendants of not
guilty.
The case has been bitterly contested in
the justice court each time it has been
called. the first two occasions being mostly
taken up by Judge Jones and County At
torney Auidon il sparring for time and the
date that the case should be set for hear
ing. II finally came before Judge Enoch
and a petit jury yesterday.
The court room was packed with an
audience who We're mostly attracted to the
hearing on account of the notoriety Of the
circumstances published in the interviews
had with the prosecuting husband and enc
defendant wife who chose TO leave her
husband and home 10 earn a living solicit
ing orders for an optician who had come
!
wife was followed by her abandoned hus-
p band and they met face 10 face at the
same hotel.
The case opened by the waving Of state |
ments 10 the jury, and the states first wit
ness was called. in the person Of Mrs |
Tangney, who is the wife Of the proprietor /
Of the Topeka Avenue hotel, where all
the parties were stopping. Mrs. Taugney /
took the stand and stated that the Messrs. |
Drs. Nichols came TO the hotel and wanted |
70 engage rooms for light housekeeping
for themselves and their wives. They |
were rented rooms q and o, and IN the /
course Of a few days one OF the doctors |
and his wife came followed later by an I
other lady and gentleman, who proved 10 /
be the other doctor and Mrs. Scarf of Chi /
cage, She also stated that the husband Of /
the Scarf woman arrived on the scene and /
made inquiries for his wife, and when she /
went 10 the room TO tell Mrs. Eearl to |
come down TO the par.or, she followed her
down and heard her husband say TO his /
wife: MY God IS that you Lou?'' and
that Mrs. Scarf said: What did you fol
low me for?" And he said: For vAgr
own good and that OF our little child"
The witness then testified to the CONVEX
sation that was overhead and what took
place between the wife and husband. and
also swore that Mrs. Scarf threw her arms
around the neck Of the man Nichols, ex-
claiming: Il love you better than anyone
else: I would rather go to jail with you
than return to my husband"
The witness was very positive OF all that
she saw md heard and gave very damag-
f7c
The second witness called was J. Lee
White. who is employed as a waiter in the
hotel He swore that he heard voices in
the room of Mrs. Scarf. and said ne re-
cognized one Of them as the voice of the
defendant Nichols. He said he slept in
the adjoining room and could hear them
talking after u o'clock.
The third witness called was Mr.. Tangney.
the proprietor Of the hotel He testified
that the men came and secured rooms.
about four rooms. and said they wanted
them for DR.. Nichols and his wife and his
brother and his wife; that the doctor paid
for them and that was all he knew.
Officer Dunbar then took the stand and
testified that he was cauNd IL by the hotel
peop-a and requested to disarm the men
all of them-as the proprietor didn't want
70 have any trouble in his house The
officer was also present when the men
we're ordered out Of the hotel. His testf
mony ended here and the prosecuting wit
ness was placed upon the stand.
When this was done by the county at,
torney. Judge Jones nervouslv objected -
the prosecution and quite a discussion
arose between the attorneys all over the
question Of whether the defense would ad-
init that Scarf was the Defendants nus
band or whether he could testify against
his wife. Il was finally fixed up and the
county attorney asked the question Of the
witness If he was married ana % whom. (
He said: 'sTo that woman sitting there
pointing TO Mrs. Scarf, and stated that
they had been married tweaty-seven years.
That was all the testimony required and :
the next witness was Dr. F. p Nichols. !
who stated that the defendant was his
brother and was a widower. The state 5
rested their case and the defendants wit
1esses were called. / r. Nichols was the
first witness called. He told Of MS employ
ms the Scarf woman and that he was a
graduate optician and At one time kept a
gambling house. He stated that the 4;
u oman came here 10 work for him. and ,
vas 20 follow the profession Of getting tie
names Of people whose eyes needed fixing ?
and she would report the fact TO Nichols
md he would 50 and see the people and try :
snd sell them a pair of glasses. He stated >
hst the woman Scarf wrote 10 him for !,
position and he sent for her, hut could not
Ind the letter as it had been misplaced
somewhere and he did not know where 10
ook for il. He claimed that he had slept
Il his mothers house every night since ne
lad been in Wichita. except rhe night I
le was in tbs city jail. He said he had
10 recollection Of being Rugged by the
Scarf woman, as he vas pretty fun and did (
lot remember II. but that he was there I
hat night playing cards in his brothers @
Dom. but that he would not swear that Z
'Irs. Scarf did not hug him. 2
Mrs. Ssa-l was the next witness called. 5