The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-02-15
CASE IS DISMISSED
Simpsons Claim Against Sher-
if Comes to Sudden End.
He SUED FOR $1,000
On Charge of Malicious Arrest
--ShirmerS Honest Story.

cuton came 10 an abrupt end yesterday
afternoon in the district court On the
testimony of the defendant. Schirmer,
Judge Wall, who was prosecuting the
case for Simpson, realized the truthful
ness Of the story, its effect on the jury,
and asked the court to dismiss the suit
The suit grew out of the Al Ballard
Eensation last March, in which Ballard
made confession of his conduct before
going to the penitenuary and gave the
officers information which enabled them
TO find a great deal Of stolen property.
Ballard also informed Sheriff Simmons
and Detective Fleeman Of a gang of horse
thieves and counterfeiters, afterwards
known as the Allgood gang. The arrest
OF Herbert and Willis Simpson and Mr.
and Mrs. Matthe Of Reno county resulted
from this alleged information, but moth
ing could be proved against them, and
they were all discharged, after serving
few days in the county jail. The papers
were full Of the particulars of the ar
rests, and after the parties were dis
charged they brought suit against Sher-
if Simmons and Herman Schirmer for
damages, alleging that their regulations
and business had been ruined by the pub
Acation Of the arrests. Simpson sued them
Tor $1,000 and Mrs. Matthe sued for SLIPS.
Young Schirmer, who is a Swiss farmer
boy, living in the north part of the eoun-
~. caused the arrest of Willis and Her
bert Simpson. He came to the city and
swore out an information and warrant
against them, charging them with steal
Ing one of his horses. He had been told
by Detective FIeeman, who was acting
on the Ballard confession, that Ballard
and Allg00d had stolen one horse. while
the Simpson boys stole the other The
horses were located and returned to their
owner one of them being found a few
miles west Of Matthe's ranch on the farm
Of Mr. Libbey.
The trial Of the case lasted nearly all
day yesterday. and it was rather hard
TO tell how the case was going until Schir-
mer took the stand in his own behalf.
The plaintiff, Willis Simpson, told a
straight story concerning his own case
and proved conclusively that he had not
been connected with the Allgood gang in
any Of their depredadons. although he
Knew Ballard quite well and had been
seen in his company a great deal Mr.
where Sheriff Simmons lived and was
raised there until he became a good-sized
boy. He said he was never before ac-
cused Of stealing anything. He said he
first met Al Ballard in 1896. while they
were stacking corn for the same man
He swore that he knew nothing whatever
ebout the stealing Of Mr. schirmer's
horses. At the time of his arrest by Sher-
If Simmons he said he was running
barber shop at "a North Main street
That after the arrest and publication of
his name with the Allgood gang he lost
a great deal of his trade and had to aban-
don the business.
At this stage Of the testimony Judge
Wall unwrapped a roll Of newspapers
which contained the story Of the sensa-
tional arrest. One particular paper re-
ferred to was the Eagle, which contained
complete account of the sensational ar
rest under a big gothic head extending
across three columns. Judge Wall at
tempted to have this paper and others
admitted as competent testimony in the
ease, but the sheriff's attorneys objected
on the ground that the testimony vs,s
only hearsay and for the further fact 1bat
Mr.. Simmons had no control over news
paper columns and was not responsible for
what appeared in the public print. The
point was hotly contested by both sides.
the jury having been ordered to the jury
room while the law points were argued.
Judge Wall contended that action of the
defendants brought about the publication
of the articles which are alleged to have
damaged the reputation of the plaintiff.
one Of which publications went so far as
printing Simpsons picture as member
of a gang of horsethieves
Judge Dale interrupted him by saving
that in such cases the plaintiff could bring
action against the newspapers
Judge Wall said he did not believe they
could. He said newspapers had a right
II publish the news of arrests and trials.
testimony arguments, etc, no matter how
badly it might effect the reputation Of a
man. He said he did not know that he
could bring the newspapers into this case
any more than to show that without the
action of the plaintiffs there would have
been no publication of the disgrace and
that the arrest would not have been so
much of a disgrace without the Dubica-
ton of the facts. He said that pubica-
ton was what really ruined the reputa-
ton Of a person, yet publication of ar
rests were perfectly legitimate.
Judge Dale said he would take until to-
day 10 decide upon the point at issue. and
told the attorneys 10 present their authori-
ties on the subject
Sheriff Simmons in his testimony stated
that there was no thought of persecution
or maliciousness on his part. He said his
only object in bringing Ballard here was
TO locate property which was known u
have been stolen by him and the gang.
He did not say 50 on the witness stand.
but Mr.. Simmons says IL IS true that Bal /
lard located a great deal Of property for /
them. and they always found his state
ments regarding the location OF property /
10 be true. lie told a reporter for the /
Eagle that they had located the hay mare /
stolen from Schirmer On the L5b3ey farm. 1
It had been traded To Mr.. Ltbbey Also I
one s9rrel mare at Fail River One bay /
horse with glass eye. which was stolen |
from Mr.. Morton. on the West Side. was /
found at the Mstthe ranch; one gray
horse which was stolen north Of Newton: /
one bay horse at Col. Mann's ranch. Bal /
lard told them that there was counter |
felt money buried in a glass Jar in Riv- 1
erside park They went 10 the SPOT and /
found the jar but the money had been /
taken
One Of the best witnesses ever seen on /
\N:III! IS 9 ;lII:A |
~ Cures a Cough or Cold at onoe. 4