The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-04-20
ALL ARE BOUND OVER
Alleged Chicken Thieves Tried
in City Court
GREAT CROWD PRESENT
Horrors of the 0atvilIe Hen
rOOStS Aired.

-SiiSte1n ana FRANK Rohrlg, which took
place in the city court yesterday after.
noon. Probably no trial in the city court
heretofore has created so much interest
as this one, and the court room was
crowded with farmers, laborers, lawyers
and city folks. Chickens were the pri5-
cipal theme Of the case and the oId-tme
hen roost played an important part in
the testimony rendered against the al
legged chicken thieves. whom the OatvilIe-
ties claim have rendered life miserable
in that vicinity this spring.
The evidence brought out at the preIirn-
mary looks bad for the boys, and it may
be possible that this case viii result in
breaking up chicken stealing in this sec
ton and take from the farmers the great
burden Of watching their chicken coops
Of nights when they ought to be enjoy
ing rest and sleep.
Mrs. Emily Berry, who lives near Dat
Vile, was the first witness called. She
testified as follows, having been ques-
toned by Mr.. Comfy. assistant prosecut-
ing attorney:
Have you any chickens, Mrs. Beery?'
''Yes. SIR; I had some"
Where were they on the night Of the
1sth2"
In the chicken house"
Was your hen house Iocked?"
Yes, sir. I closed it about dark and
fastened the door with a button"
How did YOU find it next morning?"
The door was OPEN
How many chickens did you have?"
II had forty-one that night"
ibid YOU miss any next morning?"
Eight were missing"
'fWhen did you next see those chick
4nAg'
n saw and recognized four Of them in
the coop at Mr. AIexander's his morn
infg."
When did you last see the chickens a.
your homer"
AT roosting time"
Tom Sullivan, who is defending the
offenstein gang. got Mrs Berry to say
that she had not counted her chickens
for two weeks previous to the night they
were stolen.
Gabriel Berry was the next witness
called He was not a very good witness
for the state, and in his testimony de-
stroyed the force Of his wifes testimony
which Mr. Comfy brought out for the pur-
pose of proving burglary against the
gang. Mr.. Berry said he went to the
chicken house before his wife did and
opened the door, and this was the reason
his wife found it open He said he had
not counted the chickens for two months
How do you know there were eight
chickens missing, then?'' inquired Mr..
Sullivan.
Because the roost was thinner"
promptly responded Mr.. Berry.
Mr.. Berry said that he and his wife
had noticed their chickens that night be-
cause the neighbors reported that the
chricken thieves We're in the country.
Judge Sites who lives on the West Side
near the watch factory has been both
cred great deal by the Ofenstein gang
and he made a strong case against the
c9oys. His testimony brought out so
much hUmor that the crowd burst forth
I'm laughter three or four times and had
to be threatened with expulsion by Judge
Kirk Mr.. Sites said he saw the chicken
wagon pass yesterday morning and took
out after II with all his might He saw
joe OffeusteiE drive up to Coulter's pouI-
try house He went UP and took posses
sion Of the chickens in the name of the
law against chicken stealing. Joe OBJ
jecged with threats Of death and destruc-
ti@n TO Mr.. Sites. but he did not get
close enough to get into trouble.
Gross questioned by Mr. Sullivan as
follows:
DO YOU know that these defendants
stole those chickens?"
| Yes sir. I know it,
How 90 YOU know ito"
by hearsay They stole mine. 7 saw
their tracks about the hen roost and I
knew en-"
"What are you?"
II am an attorney"
as that so2 Where do you practice?"
IN this court
Mr.. sullivan dropped him Ike a hot
cake
Mrs. GusSie Norton. who lives near
Oatville. testified that she missed three
chickens the night IF the 18th. and that
she saw the three in the coop AZ Mr.
Alexander'S. She said there were 80 o.
100 besides hers in the coop. She SAID
she saw the gang IN the vicinity y Dat
vile the night the raid was made on lre
Oatvile hen roosts. and THAI the garg
were driving q couple If dun ponies. RE
sane thar were driven into the city by
Joe ONa-stein
Mrs Dan Harmon. who lives five miles
from Mrs Norton, said she had twenty
two chickens stolen and Identified two Of
them in the coop a. Mr.. Alexander's.
Mrs. Ed Casey missed eleven chickens
and identified two at Mr. Alexander's.
How do you know you missed any
chickens?'' asked Mr.. Sullivan.
Because 7 noticed 1t when I went u
gather up the eggs. am used 10 getting
twenty-five eggs every evening. and that
evening 7 did not get any eggs. Then
7 noticed that my chickens were gone"
W. z. Folkers. near OatvilIe. missed
one hen turkey worth 81 and one turkey
gobhler worth s. and about twelve
chickens He recognized the gobbier and I
turkey hen at Mr.. Alexander's. I
At the conclusion % the testimony /
neither attorney cared To argue the case 1
and Judge Kirk bound the BOYS over 10
the district court in the sum Of $500 each. 1
IN default Of which they were committed /
10 Jail.
The West Side people and those in the /
vicinity Of Oatville are very indignant 1
and swear vengeance against the oden- I
stems They say they have been watch /
ing the operations Of the gang for nearly I.
a year but have been unable 10 catch 4
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