davidaulloa/AmericanStories huggingface dataset:
Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1901-07-20

ment in their favor, neither should
it initiate against them. They are
not being punished for their wealth
or their unpopularity. They should
be punished for what they did, and
not what they are.
I'm view Of the fact that this is
their first offense; that it was done in
heat of blood which blinded them to
consideration OF time and place; that
there was extreme provocation for
what they did, and that many extern
uating circumstances enter into these
cases, this court is of opinion that
the ends of justice Will be met #
S. II. Kohler shall pay a fine of
$50 and costs, G. c. Kohler 500 and
costs, and 3. G. Work a fine of $50
and costs. 1t is therefore the SEN
tence of this court that the defend
ant S. II. Kohler pay the fine of $50
and the costs of prosecution in his
case, that the defendant G.. G. Kohler
pay the fine of 500 and costs, and B.
G. Work the fine of $50 and the costs
of prosecution, and that they stand
committed to the Jail of Summit
county until the amount of said fines
and costs shall be paid"
Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1901-07-20
THE SENTENCES.
$50 and costs.
500 and costs.
$50 and costs.

appear and be heard. On July 16,
all the interested parties appeared in
court, except the defendant, G. G..
Kohler, who was represented by
counsel, and who filed waiver Of
his right to be present during the trial
and judgment of his case. On motion
Of the defendants, consented to by the
State, the court heard testimony in
mitigation of the sentence. Rev.
Stat, Sec. 1920. No objection has
been made to the jurisdiction of this
court, and it is sufficient to say that
this court is of opinion that it has
final jurisdiction in these cases.
ut appeared from the evidence that
Samuel A. Kennedy had published
in an obscure and small paper, called
the Amusement Record, of which he
is the editor and proprietor, state
ment concerning the private and per-
sonal relations of two Akron families.
which the defendants understood to
reflect upon themselves. The pub
lished statement was a sensational
and scandalous presentation of un-
founded rumors which malignant per-
sons had set afloat In this city. In
print the idle gossip of the streets ap-
peared in the tawdry and garish
style of the dime novel. No self-re.
specting journal would have consider
ed publication such as this for one
minute. II was not news in any
sense of the term. 1t was not matter
of public interest. 1t related solely
to the private and personal affairs OF
the family-matters as sacred as any
upon earth.
THE false rumors had obtained a
very wide circulation, and all who
had heard them, and read the article
Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1901-07-20
And Censures the Defendants FOR
Taking the Law Into Their Own
Hands---No imprisonment Sen
tence imposed

knew to whom it referred. On the
evening of June "a, while gathered at
the home of Judge Kohler all the de-
PENDANTS were shown the article.
Having ascertained that Kennedy was
at home, they started within an hour
to find him. Reading the article made
them exceedingly angry. All the de-
PENDANTS testified to being angry to
point of fury.
1T may be said here, once for all,
that all the evidence produced by the
defense is entirely uncontradicted on
disputed by the State.
Kennedy was called out upon his
porch and beaten and struck by S. II.
Kohler and B. G. Work with the short,
light end of buggy whips, and their
fists. G. G. Kohler and one Goldsmith
stood by without taking any active
part. The affair lasted not much
more than one minute. The defend
ants drove to Police headquarters and
gave bond for their appearance in this
court. Nothing can justify the COM
mission of a crime, but there may be
circumstances entering into it which
may mitigate the punishment.
Return to a consideration of the
article published in the Amusement
Record: Nothing will justify the
publication of matters such as these
even If founded on truth, but In this
case they were not true, and the evi-
dence shows that Kennedy knew they
were false. The slandered persons
had already suffered keenly and
deeply. The idle gossip had mado
wounds in many families other than
the two directly interested, which
were slow to heal. The evidence shows
a careful design ON the part of Ken
nedy to trade upon these wounds; to
make money foY himself out of the
sorrows and sufferings of others; to
make the wrongs suffered by them
rebound to his own emolument, and to
rejoice in their misfortune because
II resulted in his good fortune. 1t is
difficult to speak of these things and
preserve the judicial temperament, to
repress the feelings of the man, and
to allow full play for the cool, calm
deliberation of the Judge. If the as
sault may be characterized as coward,
ly and brutal, what shall be said OF
this act of Kennedy which induced IT,
The prosecution has asked the court
Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1901-07-20

Mayor w. B. Doyle took up the
Kennedy horse-whipping cases at the
regular session of Police court Sat
urday morning. He was desirious of
disposing of the cases without further
delay. The defendants last night
agreed to appear in court.
At S:55 this morning Judge J. A.
Kohler appeared, followed by S. II.
Kohler and B. g. Work.
Geo. G. Kohler, who has been out
of the city two weeks was expected
ON every train, but his non-arrival did
not stop proceedings, attorneys waiv-
ing his right to be present
There was crowd in the court room
and about the City building. The
defendants were accompanied by their
attorneys, and received their sentences
very calmly, though their interest
was deeper than they cared to show
Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1901-07-20
FULL TEXT
OF Mayor DoyIe's Decision In the
the Gases.

In passing sentence, Mayor Doyle
summed up the case as follows:
"The defendants in these cases arc
charged with assault and battery.
They were arrested upon affidavit
made by Officer John Goodenberger,
alleging the commission of this Of
fense upon one Samuel A. Kennedy.
Upon arraignment in this court Juno
2b, 1901, they severally entered plea
of guilty to the charge in the afflda-
Wit. The injured party was unable
to be present on that date, and this
court deemed 1t expedient to continue
the case until he should be able to
Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1901-07-20
Late M Locals


Two way-side wanderers called at
Poor Director Kendalrs office Friday
morning. One wanted transporta.
ton to Pittsburg, the other wanted
to go to the County Infirmary, but
was told to move on, because he came
from another part of the country.
The Pittsburg wanderer was told TO
get out of town.
The knights of Columbus are hold
ing their annual outing ar Put-in-Bay
this week. Quite a number of people
have gone from Akron, some just for
the day, and others for the whole
week. The outing will close Sunday.
Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1901-07-20

of mankind may be expected to follow
such an act.
"The testimony showed that the
assault was made in a spirit of rage
and fury. 1t was done in but resent
ment of wrongs inflicted. 1t was
clearly provoked. In passing sentence
this provocation must be considered.
THE court or jury that fixes the
punishment may listen to the aggra-
waiting and mitigating facts and place
it where justice and sound policy for
this particular instance dictate, yet
neither more nor less nor otherwise
than the law has limited and Defined
L Bishop Criminal Law, Sec. COL.
"'The entire transaction in which
a crime was committed may embrace
more unkindness than the indictment
charges; OF there may be other cir
cumstances of aggravation on the one
hand, or of mitigation ON the other.
| Therefore, if the law has given the
court a discretion as to the punish
ment in pronouncing sentence, it will
look into any evidence proper to in
huence a judicious magistrate to
make it heavier or lighter, yet not
to exceed for what of crime is with
in the allegation and the verdict
1 Bishop Criminal Law, Sec. 94S.
"After full consideration of the
provocation and careful weighing of
the mitigating circumstances in
these cases, it is not open to the judi
cious magistrate to impose the heavier
penalty. 1t must be remembered that
keenly. 1t cannot be said that mental
suffering is whit less poignant than
physical. AS far as pain is concerned
these defendants would doubtless be
glad to change places with the assault.
ed party.
"In passing sentence this court has
not been unmindful of the fact that
these defendants acted in a riotous,
lawless manner. They defied the laws
when they determined to redress their
injuries for themselves. They live
in n highly organized community. Its
residents have ready access to courts
of nearly all grades. From the Sum.
NIT county bar may be selected law,
ytlS VI thO NSIy hiSil'St bSSiCc Va
professional skill Our people are
imbued with the loftiest respect fol
law and legal processes. They have
inexorably determined that order
must be maintained here at any cost
Acting upon these high ideals, mer
take the disputes that arise between
them into the courts for settlement
, Crimes are swiftly and adequately
, punished. There has been no failure
, of justice in our midst Living among
men accustomed and trained to resor
to law and not to force for redress
; of injuries, these defendants agreed
among themselves to take the law
into their own hands. They decided
Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1901-07-20
The Court Lashes Samuel q. Kennedv
FOR Designing TO Extort Money From:
Bertran1 C. Work,

to consider whether there was an
attempt at blackmail. The evidence
shows that there was; that Kennedy
had set in motion ali the treachery
to produce that felony, and that it
was no fault of his that the attempt
failed. If Fred Work had called at
Kennedys Office in response to the
request of the mythical person 'Har-
ris,' there is no doubtlin the mind of
the court that blacknlhil would have
resulted. Kennedy. should be pro-
foundly thankful that the Works fail
ed to take the bait he had SO care
fully laid.
THE so-called long article which
Kennedy set up in type but withheld
from his paper cannot be considered
as giving provocation to his assail-
ants because they did not learn of it's
| existence at that time, but it is very
important evidence to establish the
| fact of this attempt at blackmail.
"Why was it composed? The un-
contradicted testimony of the witness
Roam, supported by that of Fred
| Work, shows that it was to be used
for the extortion of mony by threats
to publish. 1t justities the belief, in
the minds of the defendants, formed
before the assault, that an attempt
was being made to blackmail them
1t is proper to consider this question
now whether this attempt at black.
mail constitutes lawful provocation
for the assault and battery.
'Provocatlon is such conduct OF
actions on the part of one person to-
ward another as tend to arouse rage
resentment or fury in the later against
the former and thereby cause him to
do some illegal act against or in re
lation to the person Offering the provo
cation. (Black's Law Dictionary
96o)
''In the opinion of the court the acts
constituting the felony of blackmai
tend precisely to all these conse
Quences. 1t is not unreasonable tC
suppose that a person would be
aroused to rage, resentment or fury
by an attempt to extort money from
him by threats and accusations OF
CTlIle DuulsudDlt ny law, VI VI III
moral conduct, which, II true, would
tend to degrade and disgrace sucf
persons, or in any way to subject hin
to the rldicule or contempt of so
ciety. Or. s., Sec. $500. The at
tempt to do this, followed by the pub
lication of the slanderous article il
the Amusement Record, constitutes &
complete provocation for what fol
lowed; they aroused the fury and thu
resentment and the rage they wer'
well adapted to do. In the words o
counsel in argument, Kennedy
brought the assault upon himself; h
is responsible for the consequences ol
his act In this case the conse
!. quences were such as in the expeiienc,
Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1901-07-20
New Restaurant.

Mr.. e. A. Hile, of Massillon, will
open first-class restaurant in the
Walsh block, in the rooms which were
occupied by G. Fl, Martin, the piano
dealer. Mr.. Hile has ben engaged in
the hotel business in Massinon.
The daily morning Alaskan., 1901-01-20
ONLY TWO DEFECTIVE
These Were at the Corners of Main and Fifth and Main and Third. and Were Thawed Out-Now Be- lieved All Troubles Are Over For the Rest of the Winter.

Frank Lowe, chief of the fire depart ment, and A. F. Eastman, superintend- ent of the water company, examined all the fire hydrants yesterday and found everything in hrst-class working order. The dydrants at the corner of Main and Fifth avenue and Milan and Third avenue were found to be frozen, but were thawed out by steam before morning.
 AS soon as possible after the late cold weather we started out to see what condition the fire hydrants were in" said Chief Lowe, and with the exception of two, every hydrant was in good working order.
 The frozen hydrants were discover ed at / o'clock last night, and work was immediately started to thaw them out, and had them in good working order before morning
 For several days the work of fore ing steam into the fire plugs will be continued and none will be over looked"
 Manager A. F. Eastman of the wat CT company. speaking of the local fire protection, said:
 "Skagway is now assured of fire pro tection all winter. and the fact that everything continued running during the last cold snap, which will no doubt be the coldest we will have all win ter, shows that good supply of wat CT can be relied upon.
 Tn March, when the water begins to lessen, the new supply ditches dug to the reservoir last fall will be util- ized and plenty of water will be ob- tainable
The daily morning Alaskan., 1901-01-20
THE SERVICE
The Big Railroad Will Put New and Up-To-Da4e Steamers on the Skagway Run From British Co., lumbia Ports, and Have More Than Are Now Running.

Negotiations which have been pro ceeding for some time resulted yester- day in the requirement by the Cana dian Pacific Railway Company of a controlling interest in the Canadian Pacific Navigation Company, says the British Columbia newspapers of the I2th, and the news of the great deal was yesterday corroborated by Cap tain Foot, of the Tees. and Mir. Pum- phrey, the steamship company's agent in this city.
 The final details of the big deal were arranged by Mr. (. C. Chipman, com missioner of the Hudson Bay Con- pany, who has been in the city on this important mission for the past few days,
 Official information is to the effect that a greatly improved service will be naugurated by the requirement of fast up-to- date vessels to run between Vic toria and Vancouver, and from Brit ish Columbia ports to Skagway. It IS also mentioned that no bonus in con sderation oi such improved service will be asked by the railway company.
 Officials of the companies interested in the big deal, seen the other day by a representative of the Victoria Colo mist, were disinclined to give out for publication further information as to details of the arrangement which has been arrived at, or the plans for the future.
 The announcement will be hailed with great satisfaction on.all sides, it | ,Io -1, m amicable arrangement of the pressing transportation difficulties with which the two companies interested had to contend has been arrievd at.,
 Permission is given to state that a large sum of money willsbe spent ir tie company s"tquipmentT
The daily morning Alaskan., 1901-01-20
BIG RUSH TO STEWART
Is Predicted By Mining Recorder
 Burwash Who Is In the City.

l.. T. Burwash, mining recorder for the new Stewart river district, returned on he Tees from a visit to his home in Eastern Canada, and reports that there will be big rush to the new dig gings after navigation opens.
 He is accompanied by w. R. Ham ilton, mining recorder for Big Salmon district, and A. s. Finney, who is on his way to Dawson.
 As soon as the road is open they will start in over the ice
The daily morning Alaskan., 1901-01-20
Orchestra Organized.

The Y NJ. C. A. orchestra was or ganized last week under the direction of Mrs M. B. Clemnger, and will make its first appearance this after noon at the meeting for men only.
 Most of the prominent musicians of Skagway haev signifed their intention to join the orchestra and those al ready enrolled are: MT. Blanchard, first violin; Mir. Walter Stokes, clar ionet; J. H. Swadling, trombone; w, L. Green, cornet, and Miss Florence Root. pianiste
The daily morning Alaskan., 1901-01-20

Boreas briskly whisked the flne snow into the air, drifting it into eevry crev- ice and piling it up into huge drifts in the streets. On some evenings 1t was almost impossible to see oHe's way in the face of the driving snoc. Yet the people accustomed to these semi i-occa- sional outbursts of Arctic rage non chalantly took their usual course, and that the people of Skagway are really and truly socially inclined Vas never better proven than by the l.dnlber of | pleasant gatherings which, in despite of such weather, we are able to ch.or. icle in these columns.
 * x
 Next Monday evening thq New Cen tury Club will giev an apro. and neck tie socil This entertainmeit is under the charge of the Misses -Reinhardt, Gibbons, Bloch, HauxhurSt; Messrs. Clayson and Eugene Murphy. The committee will serve Welsh rarebit, cake and coffee. Each lady present is expected to wear an apron of some sort, and bring d gentleman's necktie to match Last Mondy the club en- joyed its usual sessions In the after noon several new members were voted in It was also voted to charge an in> vitation fee of $I for ladies and $2 for gentlemen. When there are two ladies in one family only one fee is required The above will take effect February I. A club color was chosen, purple and white Badges have been provided for the reception and floor committee. 
 The Misses De Witt enttrtained a few friends last evening at heir home on Alaska street Games and music helped to pass a very pleaAant even ing and dainty luncheon was served by the hostesses: Among those pres ent were Misses McGee, Martins, McDevtt, Clarke, Jessie Dewitt, Daisy Dewitt, Viola Dewitt; Messrs. Felmet, Clark, Ward, Broemser, Dun- lap, Martin, Monastees, Barrey and Lawrence Dewitt; Mir. and Mrs. (. H. Barkdull, Mr. and Mrs. c. H. De Witt. Mir. and Mrs. Hugh Dewitt and Mrs. Martin.
 Notwithstanding the weather large crowd came out to the MagI' es phan- tom party last Monday and a very l l pleasant evening was spe A.-Swine- I ford's work on Alaska arrived last week, and the historical study of the district will be taken up immediate ly The membership has now reached I5o, and the society is in very flour ishing condition A full attendance ot ladies is requested Monday iaternoon as treasurer and a program commit tee are to be elected.
 A tapestried room is joy to the eye, if harmonious in color and is moreover, the best means of keeping out drafts Mr. John Swadling, of the Broadway Pharmacy, has a bachelor room which it is worth the while to any woman to see who has penchan' for hanging draperes on the walls.
 
 Thursday evening Mir. and Mrs. E T. Pope gave a house party. Among those present were: Mir and Mrs. A L. Bracket, MT. Frank Bracket, MT Mcdonald Taylor, Mrs. Mcdonald anc Mrs. Pullen.
 Mrs. Dr. Bailey will leave on th' Victorian for a visit to California.
 
 To Cure a Cold In One Day
The daily morning Alaskan., 1901-01-20

One of the principal social events of the near future is the masquerade ball on the 24th by the Maccabees. The invitation committee desires any friend who has been overlooked to apply at the American Tailors' establishment on Broadway, or at C. E. Franks store on State street for tickets. The prizes are now on exhibition in P. E. Kern's window.
 Mir. Jo Murray arrived on the Dol phin last week and will take a resi- dence in this city, being connected with the Daily Alaskan as operator of the new linotype.
 Mir. Frasier Pugh, brother of Mrs. R. w. Jennings, arrived from San Francisco last week and will take up a permanent residence in this city ex- pecting the arrival of Mrs. Pugh in the future.
 J. C. and Garvis McCloud, who are employed in the Canadian customs of flee at the depot received the sad news yesterday that their mother was seri- ously i'll at Victoria. They intend leav- ing on the next steamer.
 * * *
 Dr. H. B. Runnalls returned last week from a short absence in Juneau Mrs. Runnals, who has been ill for some time, is recovering. Mrs. c. w. De Succa, wife of the proprietor of the Daily Alaskan, re- turned last week from short business visit to Seattle.
 Mir. l. w. Young and family are to leave on a pleasure trip to Seattle as soon as Mir. Young can arrive from Bennett
 On account of the inclement wealth CT last week the meeting of the La dies Guild Thursday afternoon was postponed until this week. Mir. H. H. Draper received word last week that Mir. w. H. Case, who is visiting in Oregon City, is laid up with rheumatism.
 
 Mir A. NJ. Wallick, chief train dis patcher for the railroad returned on the City of Seattle last week from a short visit to his family in Seattle Mrs. Clara Gwinn, accompanied by her son, Cecil, was passenger on the Dolphin last week to visit her for mer home in Kansas.
 
 Mir. J. s. Wilson, of the traffic de- partment of the railroad, is home from short vacation in the States.
 * * *
 Mir w. D. Alden returned last week from a short vacation at his former home in Victoria,
 Miss Florence Peabody returned home on the Dolphin from a visit to her sister in Ballard, Wash.
 * *
 Mir A. H. Baker, the Broadway newsdealer, left last week for short visit to Coast cities.
 
 Judge J. R. Vim of Juneau is in the city on business, intending to re- main few days.
 MT. F. J. McCaughey was a pas senger on the City of Seattle last week for short visit to Seattle
 Mir. J. w. Shook is absent on a trip to Sitka and Juneau, intending to re- turn early this week.
 
 Mir. A. P Meaker returned last week from short business visit to Juneau.
 Mir. and Mrs. L. Mayer are expected home on the next trip of the Cottage City.
 Mir. J. w. Pinney left on the Dol phin for a visit with friends in Seat | tie.
 l Mir Frank E. Burns was absent last week on short business visit to Ju- neau
 
 Mir. J. E. Lilly left last week for 2 short visit to Seattle.