The Wichita daily eagle., 1901-01-17
FOR BEATING A BOY
William Shinn Oefendent in
$4,000 Damage Suit
BOY STAMPEDED CATTLE
Is the Defense Set Forth by
Shinn.
BOY STAMPEDEO CATTLE

Wuber Shinn Is being sued in the dis
trict court 10y Ernest spohn for alleged
personal damages sustained by the plain
Hf November u. 1893 Ernest spohn is
a minor and consequently the suit is
brought in his fathers name. All the
parties concerned are residents of Gyp-
sum township. The petition charges that
on the date mentioned above, the de-
fendant WIber Shinn, who IS a cattle
man. did ''wrongfully. willfully. wantonly
and maliciously and with great force and
violence assault, beat and bruise" the
plaintiff without proyocauon on the part
Of the plaintiff and for this damages in
the sum OF $500 are prayed for. The
contention Of the defense is that young
Spohn wounded, frightened and STAN
pcded" cattle belonging TO the defend
ant and that the latter had been pro-
voked because Of the frequent repetition
Of these alleged offenses on the part Of
the boy. The district court room was
filled with people who are interested in
the outcome Of the trial The trial be
gan yesterday afternoon when the selec-
tiOn Of the jury was made. This prelim-
mary proceeding was accomplished
within a short time by the selection Of
the following special jurors: f Horneck-
er, J. W. Brown, Silas Sisson, Peter Bal
ly, c. ". Tallman, Dave Seibert, c.
KamDung. Joseph Marshall, J. 4. Stout,
T. NJ Stamback, r NJ. Sweeney.
The -TaFvrfFf f, +,1 action rrvo- The Are%
witness to take the stand He testified
that on the day in question ne and two
companions were leaving the district
school when they noticed that the cattle
belonging to Shinn had stampeded. Look
ing down the pike they saw Shlnn run
ming toward them and becoming fright
ened they ran into the residence Of A. I.
Heller, the grandfather of one of his
companions.
Shinn, according to the witnesses, ent-
cred the residence without knocking, and
seeing the plaintiff he puIle% 6im out Of
the house and then dragged him into the
public highway where he IS alleged to
have administered a sound thrashing.
The boy claimed that he returned to
his own home and that he was unable TO
sleep during that night because OF the
nervous shock and that his side panied
him severely. Fred Heller and Josie
Stoner. the two companions Of young
Spohn, on that day, testified substantial
" to the same thing. Mrs. Spohn. the
boys mother, testified as 10 his condition
when he reached home and said that she
found the impTfnts Of Shinn's fingers on
her sons shoulder.
The deposition Of A l. Heller, into
whose house the children ran In order to
escape from Shinn was read by Judge
Wall. Mr.. Heller, who is now dead. tes-
titled in the deposition that ne was in
the room when Shinn entered and saw
him drag young Sophn into the highway
and there shake and kick him.
At the conclusion Of the reading Of the
deposition, court adjourned until this
morning
Shinn was arrested few days after
the trouble occurred and plead guilty to
charge Of assault in the city court. He
was fined 81 The civil case was fled at
a later data
wall and shattuck are for the plaintiff
and Myatt and Brubacher are for the
defense.