The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-09-27

----~ 'r-F A-A1 opponent SAtBR uOHl
ana set something from the street. and
then ne pulled out his gun and fred into
the air. He stated that he was almost
senseiess and did not exactly know what
he was doing. The defense began its
cross-examination, but only asked few
questions when court adjourned
J. I. Bart was on the stand when court
convened in the afternoon. Mr.. Ayers had
just begin his cross examination when
court adjourned at noon.
He stated that the light occurred about
go He said it was about S o'clock when
he come TO his senses. He went TO
store and called a policeman and the pa
troll wagon came out and Mr. Hart rode
down town in the wagon He said he was
nit over the eye, which was badly bruised
and he was hit on the back OF the neck
re sad that he did not remember what
happened after he was hit in the eye. He
noticed that Mr. Hershberger had his
hand behind him and drew il out with
some dark object in his hand He did
not notice the hand until it was coming
right q him. He had hemorriages caused
by blow in TIE stomach. He said that
he was confined to his bed for twenty
one days and did not transact any bust
ness during that time. He did not know
that any member Of his family had re-
ported TO the county attorney that Mr.
Hart was dead. Mr.. Ayers asked Were
you dead%' The witness replied that he
might have bean dead, but was alive at
present" He said that no has been
carrying a revolver for about four years
and never had any trouble in his neigh
borhood before. lie stated that he swore
70 the complaint before City Clerk Leland
while in bed or the 18th day of August
IN the complaint be stated that he was
kicked BY Mr.. Hershrerger. but on the
witness stand ne said that he did not
know whether ne was kicked or not He
stated that he had carried the revolver
ever since he was q city weighmaster.
James Beard was the next witness
called. He stated that he has known Mr.
Hart personally for the past ten years.
he stated that he often walked with Mr..
Hart from the scales and the man could
not walk very fast. He saw him while
he was confined TO his bed and said that
he could not see MI Hart breathe and
he appeared TO be unconscious all the
time and did not notice anything that
was going on about him. He said that
he was bruised about the right eye and
complained about a pain in the stomach.
He stated that for over two weeks Mr..
Hart was not able TO sit up in bed. He did
not think Mr.. Hart was able to fight very
long unless ne happened to get into
scrap with n mosquito. he might hold out
FOR some time. BE stayed with Mr. Hart
for eight or nine nights ard the man com
planned about the wound on the back of
his neck. This was the last witness for
the defense.
Mr.. ". c. Hershberge- was the first 7
witness called for the defense. He said I
that he was g. years old. He stated that (
he first met Mr.. Hart some time in May (
when officers came 10 arrest Mrs. Rowde- (
bush on the charge of insanity. Mr.. Hart /
came up wniie the witness was talking 4
to the officers and made some remarks /
about tho trial Of the case and the wit !
ness told him TO keep his nose out of the |
frocas. lie next met Mr.. Hart one time !
in June and asked him why he was max |
ing such false reports about him. as they
were both old soldiers. Mr.. Hart had the |
witness arrested and on the trial in police I
court NE was acquitted.
he stated that Ar. Hart had his boy
arrested for breaking windows. He also
stated that Mr. Hart went to the chief
of police afterwards and wanted his boys
arrested for stoning him. This was the i
cause of the hght on the morning Of Au-
gust IA ar. Hershberger stated that on
that morning he started for the butcher
shop and was called across the street
by Herbert Young. and after a short con-
with him started Tor home and
met Mr. Hart. He said. Hart, you
are UP 10 your old tricks again" Mr.
Hart said: IN fix you" and immediate
IS went after his gun. I caught him and
Dinioned his arms down and prevented
him from shooting and then got his head
under my left arm and then plugged him
two or three times and then turned him
loose and told him not TO NEEDLE with
my affairs. He started and then pulled
his gun and shot at me twice. I looked
around for a stone, but could not find any
and then Mr.. Hart started fer home like
B Quarter-horse and I walked home. The
row occurred near the corner OF Third
and Washington. We struggled together
'lear down to Third street and the shoot
ng occurred there. He had the revolver
pointed directly at me" He stated that /
ne statements made by Police Judge
Stanley did not DO him Justice The
Judge said that Mr. Hershberger called
NJ. Hart a coward I'm police court and
Mr.. IIershberger said ne made the state
neuts. RE thought Air. Hart was cow
lrd and stiil feels that way. He said
that Dick Dodds was Harris professional
Witness and every time 7 have any trou-
BE with AR Hart Dickey Dodds always
ooms up as a witness" Ny right arm
s pretty good arm and anyone who
-uns ZIP agaiusrit would have good cause
o. thiak SO. n do rot know how many
lines have been arrested
Mr.. Herbert 1ouGg was next called
lie said that he was acquainted with Mr..
Tart and SIR. Eersh5erEer and WAS pres
III during the fight. lie WAS probably
en- feet away. He saw Mr. Hart change
us cane from his left To his right hand
ma reach for his hip pocket just -
ir Hershhergcr went after him. lie said
hat Hershberger strlck him very gentle
lows and did not knock h,n down He
aid thar sir Hershberssr USED only his
aked nst aud ne never kicked him. Hei
tated that there 49, not sood feeling
etween the Young ana Hart families
or some time.
q L. Freeman was called He stated
hat he saw part ~ the racket lie only
IVY Hart shoot once He said that The
-in was pointed az about the srCes End
.beu the gun play Was made be scr be-
ana g. tree he was about the Middle 81
re street. at she crossing &C Th.ri and
Washington streets
Hrs- 1ieretrt Young was next called