davidaulloa/AmericanStories huggingface dataset:
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-02-13
SMELL is BOUND OVER
His Trial Occurred Yesterday in City
Court


The charge of shooting to kill upon
which William Smell had a preliminary
hearing in the city court yesterday be-
fore Judge Kirk, may yet be changed to
that of murder before the end of this
week. Cash Johnson, the victim Of
Smells bullet, took a sudden turn for the
worse yesterday morning and by order
of his physicians and the county attor-
ney no one viii be allowed to see him.
Johnson was shot in the early part Of
January, and although his case seemed a
hopeless one because of a wound in the
head he nevertheless gradually grew
better and it was thought that his re-
covery was only a question of time.
The preliminary hearing Of the pistol
user was postponed from time to time
in the hopes that Johnson might appear
against Smell as the prosecuting witness
Last week it was decided by consent Of
all concerned that the trial would pro-
coed on Tuesday Of this week whether
Johnson would be able to appear or not
Yesterday morning. before the hearing OF
the case began, word was sent from the
city hospital TO County Attorney Comfy
that Johnson had suddenly become
worse and that his appearance in court
could not be thought Of.
It viii be remembered that one Of the
bullets lodged in the victims head, caus-
ing a fracture of the skull This wound
it was thought, would almost Of neces-
sity prove fatal. But since his confne-
ment at the hospital this wound has
gradually grown better and at present is
T
wound in the right thigh that has sud
denly brought about = change for the
worse in his condition. County Attorney
Comfy said last night that from what he
had learned Of the wounded mans con-
diti0n his chances to live are small.
The preliminary trial began yesterday
morning and continued throughout the
entire DAY When al Of the evidence was
in Judge Kirk bound the prisoner over
to the district court in the sum Of 500.
in default OF which he was committed
To the county jail
Smell was not placed upon the stand IN
his own defense. He was represented by
BentIy & Hatfield and ". r. Wilson, a
co.ored attorney. The states side of the
case was looked after by County Attor-
ney James r. Comfy and his assistant.
Henry w HUFFMAN.
Seven witnesses appeared for the prose
cution. while the defense had fifteen
when Smell was arralgned 10 plead u
the charge Of shooting With intent 70
XIII he through his attorneys, catered a
plea Of mot guilty"
The spacious court room was filed BY
friends OF both Cash Johnson and the
prisoner. Snen. ne latter occupied a
chair beside his attorneys and next 10
Deputy City Marshal Tom Noss He was
deeply interested in the proceedings ana
apparently was rather fearful 81 his fate
Smell is a rather tai uulatto and al 81
ali does not appear to be desperate
character.
An amusing feature q the trial. ana
one that disconnected the attorneys for
the defense was when one Of their own
witnesses testified for the state Whel
the witness was called County Attorney
Conley inquired ~ ar Bentley whether
or NOT he had questioned tia witness be-
fore he appeared en- ths court room-
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-02-13
CIRCUIT IS FORMED
Southern Kansas Towns Plan
for Good Racing.
OATES ARE ALL SELECTED
No Conflicts viii Occur Under
Present Arrangement.

More than ordinary interest Is being
taken over the southern part Of this state
in the announcement that race circuit
is being formed Of the principle towns in
this section Of the country, OF which
Wichita is the most important
a number Of the men interested IN the
movement have held a meeting and il has
been definitely decided that a circuit viii
be formed. The towns to be included
number seven ana the dates ale SO az
ranged thar they VIII not conflict. This
means that the horses which are at one
town can make the entire circuit without
any long shipments.
The race meet and fair VIII occur at
St Johns during tie last week in August.
Hutchinson has its fair and race meet
the first week in September, Sterling has
the second week in Septmber and Great
Bend has the third and Newton the
fourth week Of the same month.
Wichita has arranged for the first week
IN October for the fair and race meet
and following that event comes FL Dora
do with the second week of the same
month
Another meeting Of the men interested
may be held some future time TO make
more arrangements for details of the
mattr. The horsement and exhibitors
over this part Of the state have been
much interested in the organization be
cause it means better fairs and meets
with less expense TO them.
The purses which win be hung up this
year viii be larger than usual and this
viii be a better inducement for good rae
Ing
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-02-13

Mr. Bentley apparently took exception TO
the question and in an injured tone OF
voice answered that he had not II did
not take him very long to learn that 1t
done 50, since the witness gave the best
kind Of evidence for the state. and he
was suddenly dropped BY the defense Ike
a hot coal.
Now are you sure, Mr.. Bentley, you
did not have a talk with the witness?'
inquired Comfy jesungly.
IF had, I certainly would not have
issued a summons for his appearance, p"
was the peply.
Tho substance of the evidence tnrodue-
ed by the state was to the effect that on
the Sunday Of the shooting, YIN Smell,
Charles Dago and Lank Hilbert We're
standing at the Santa Fe depot, when
Charles Ref, Neal Martin and Cash
Johnson approached, and finally one Of
the three last named is alleged 10 have
given utterance 10 an oath. Smell in
Quired if the same applied 10 him He
was informed that he or any Of his
gang" might apply it TO themselves #
they so chose a fist fight ensued. The
witnesses for the defense claim that
Johnson during the fight drew a knife
and struck at Smell. The witnesses Tor
the defense testified that a running bat
tie then followed, which wound up in the
shooting Of Johnson near Behring's drug
store. On the other hand. the prosecu-
ton held that there was not q running
fight, and that Smell deliberately went 70
the barber shop in which he was employ
ed as porter and procured a pistol, and
then after the party had separated sin
gIed out Johnson near the Manhattan
hotel and fired at him.
The defense attempted to show that the
shooting was done in self defense. The
evidence showed that the whole affair
occurred between 400 and p. N.
SHELLS case viii probably be called in
the district court at the time Of the
criminal docket at the March term.
Bright's Disease is more dreaded by
physicians than any of the serious dis
orders with which they have to deal be-
cause of its insidious and malignant char
acter. II prompt action were taken when
headaches, urinary disorders, digestive
troubles first appear, much suffering and
sorrow would be averted. PRICKLY
ASH BITTERS will quickly stop the
spread Of the disease, quiet the infam-
nation heal the kidneys and bladder,
strengthen and regulate the liver, and
drive polsons and impurities out Of the
system.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-02-13
IN 4 GREAT CONTEST
Fred ConkIing, Former Wich-
itan a Fine Billiard Player
HE Is IN NEW YORK
Once Fell Down Elevator
Shaft Escaping Injury.

Fred Conkling. who once fell three-stor-
les dow nthe Eagles elevator shafe, es-
Gaping serious injury. has been playing
in one Of the greatest billiard contests in
the world in New York. For some years
Fred Conkung was assistant steroetyper
in the Eagle Office and was well known
in the city. He was a well known base
ball player and had plenty Of ability in
that line. He played in the old Wichita
Clipper team and after being here for
some time, went east
Few people who knew him in this Sjty
little thought that he would be a great
billiard player, but such is the case. He
has been in the east and has been con-
nected with a stock yards paper in one
of the eastern cities.
The escape Of Conkling from instant
death at the time that he fell down the
elevator shaft caused much corSnent and
many people considered that it was al
most miraculous. It had been his Gus
tom to sit on the gate which closes the
shaft when not being used in carrying
freight. He usually sat there when not
busy and sometimes would DO 70 sleep.
One night having been on the gate for
some time he went to sleep and before
anyone knew Of the affair the fellow
workmen were startled by hearing the
thud of his body as it struck on the
elevator platform which was at the bot
tom Of the building. The men rushed
down stairs and expected 10 find him
dead. Conking was unconscious, but af-
ter applications of water TO his head he
regained consciousness and opened his
eyes. He looked around short time, as
if trying to discover where he was. Fin
ally he raised up little on one elbow
and said: How did 1 ever get down
here He got up then, but did not go
go work, being sent home by the men in
the building
The next night, Conkling was around
ready for business. He was all right,
with the exception Of a few sore spots on
his body. How he escaped is a marvel
To this day there are people who know
Of the accident who will move away from
the elevator when they think about the
occurrence
Conkling afterwards told Of the affair
and laughed about the matter as though
it did not amount to much
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-02-13
MlCOLLISTER,S Nav PLAN
Tie Wants Special Legislation for
sed.wiclx County.

Coroner McCollister yesterday sent a
resolution to the legislature requesting
that the Office Of the coroner Of sedgwick
county be made a ealaried Office at the
rate Of $3.50 per annum- This is to re-
place the old bill introduced at the be-
inning Of the present session OF the leg
islature which fixed a salary for the
Office in every county Of 1000 OF more
people IN the state. This bill did not
pass the committee The new document
is endorsed by the county commissioners.
county attorney and a number Of other
county officials and prominent citizens.
II the bill is passed. the fee system. as
far as the coroner IS concerned, viii be
entirely abolished except when it IS nee
essary for the coroner to act FOR the
sheriff Of the county. in which instance
he IS to receive the same fee the sheriff
would receive II he were acting for him
self
Coroner McColIister IS rather certain
that as this new bill concerns no one but
the coroner Of Sedgwick county, the leg
islature VIII not hesitate TO pass IL
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-02-13

ther away from her and presently when
she sank down exhausted IN a swamp
the light disappeared altogether.
Whatever truth there NAV be IN the
story, it forcibly illustrates the career Of
many a woman who has followed the
marsh IRE Of love in the belief that il led
TO home and comfort and found herself
at last exhausted and deceived
Ir's A BITTER LESSON
learned by many a woman who thought
love all-suficient, that love alone cannot
be the foundation Of the home II needs
health Strange as It may seem the
beautiful loving woman who IS weak
may lose the love of the husband for
whom she broke all home ties, while on
the other hand woman who has no
greater dover than robust health may
win and hold the love Of her husband
past all possibility of loss. The first re
quiSite OF marriage Is health. The wife's
first necessity is health. Health must
be the mothers or size will know no
happiness IN her children. What makes
ill-health so common among women
Why do they suffer with headache, back
ache and pains past description These
snffcrings are in general caused by dis
ease of the delicate womanly organs, and
they are IN general durable BY the use Of
DR.. Pierce's Favorite Prescription.
81 take great pleasure in writing you
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and Pleasant Pellets have done me,
says Mrs. P. A. Graham. of GIT Race St,
New Orleans, La. e have been a con-
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with female weakness nervous and gen.
eral debility, trying everything l could
find 10 help me, bat 10 no avail Have
been treated by several country physi-
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physicians prescribe for me. They all
said my case was incurable and was
chronic disease Of long standing, but
thanks be to God and your great med
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soon viii be cured sound and well again.
have taken three bottles Of DR.. Pierce 5
Favorite Prescription and two Of Golden
Medical Discovery and two walls of his
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words how much benefit I have received
from them I think your medicine IS
the best m the world for female diseases
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Prescription Is the best medicine made
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The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-02-13
IOWA MAN INVESTS
J. w. Sanderson Buys Lots on
Douglas and Meade.
CONSIDERATION IS $4,000
New Owners Expect to Erect
Brick Building.
CONSIDERATION IS $4,000

Mr.. J. ". sanderson Of Burlington, Ia,
yesterday purchased the lots at the
northeast corner OF Douglas and Mead
avenues Of J. f. Stanley and Fred Aley.
the consideration being $500.
The property was purchased as an in
testment by Mr.. sanderson. He has been
IN the city for a few days and is much
impressed with its business and the pros
poets for a splendid future He has
looked over the business portion Of Wich-
fta thoroughly and concIuded that the
property which he ecured was a bargain.
The lots. which are good ones, We're
purchased by the two former owners
only q short time ago. They concluded
that they had good property and decided
that they would hold the lots for some
time. After having received an offer
from Mr.. Sanderson they concluded to
let them go to the Iowa man.
At the present time there are q num-
Der of small houses on the property, but
the new owner expects to move these off
and put up a new building.
NEW STRUCTURE OF BRICK
The structure which he proposes 70
erect VIII be Of brick 1t VIII probably
be two stories, although he stated yes
terday that he had not decided upon that
part Of the question. The rooms after
the building is completed and in fine
condition viii be for rent, and each room
viii have a frontage of twenty-five feet.
Mr. Sanderson says that he has erected
a number Of similar buildings and APP
preciates the worth Of good brick store
rooms It is probable that the building
of tn brick block win not begin until
during the summer. but Mr. Sanderson
IS positive in his statements that he will
erect a brick building on that corner.
There is a strong probability that Mr..
Sanderson VIII move to this city. He
has purchased other property besides
this recent acquisition and he is inclined
10 think that Wichits would be a pleas
ant place to have a home He has been
over the resident portion and after an
investigation Of what he can do in his
business he VIII decide about coming to
Wichita
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-02-13
J. MACK LOVE IN TOWN
Well known Politician Is AttendIn
go PrsVnte Esueine~s


J. Mack Loce, the well known Demo
cratic politician IS in the city, having
arrived here with the advance guard Of
the Modern Woodmen OF the state. Mr.
Love is here coming with the Woodmen
and attending some legal business. He
was in the crowd at the Carey yesterday
which IS the headquarters for the Wood
men and always had number OF people
around his chair interested in his CONVEX
sation-
Mr.. Love was not talking politics and
when asked about the Democratic situa-
ton in the state he had a far away look
on his face as he replied:
II don't know anything about politics.
I am out Of politics for the present
know one thing though, that we have not
done a thing in Democratic circles since
the election and will not begin TO do work
in the state committee for some time yet
II didn't come here on any political err
rand. but I had soma business to attend
to here and concluded that would get
in with the Woodmen crowd This town
OF yours is all right and ind that is
hard to get away again
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-02-13
-CHARGFD WITA STEALING SACKS
Three Boys Arrested and Confined in
CITY .Fnfl

Fred Dunway, IA Dunn and Eugene
Dunn. three colorsd boys. are in the city
Jail GA the charge Of stealing sacks from
the Western Grain and Storage company
II Is stated that the boys broke into the
building where TIE sacks were stored ard
carried away enough 70 anount r. so
The boys wili have q bearing in the po-
Ice court ana the chances are THAT the
matter win De taken ID from There and
that they will land 10 the reform sehooL
one ~ the boys Is only eleven years CT
ase and s a bright little fellow
Tie sacks were secured BIZ enc q TIE
boys crawling IN hole taat vas maze
for him ara pushing them oct to the 9TH
Ct boys TIE plumber was sold Is several
places for Varisus prices
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-02-13
Will o. The Wisp.
WOMEN WHO ARE LED A
STRAY BY MISCHIEF
Gus MARSH FIRES.

Illustrative Of the banefui power Of the
marsh FIRE, there IS told the stcry Of 4
woman who lost her way. She turned
in this direction and in that, hopelessly
puzzled as 10 her whereabouts n the
murky night Presently ahead OF her
she saw the CLEAN OF light At once
she saw in fancy the picture OF home, the
lamp IN the window, the cczy comfort OF
those under the shelter Of the protecting
roof, vcurtaiued and closed and warm.
Steadfastly she moved towards the light
But as she moved 1t seemed TO change
its position. II was always little lar
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-02-13
FIRST VISIT TO WICHITA
Dr. McChesney Is Here Looking After
Lind Entereafa.


DR. II. a. 3IcChesney. Of Troy, New
York the gentleman after whom great
horse has been named, is in the city for
a few days looking after land intrests in
this and surrounding counties. The doc
tor has several acres Of land in Kansas
by Inheritance from his father and he is
Just now getting around to get acquaint-
Cd with its envoirments. In this county
his lands are near Bayneville in Sumner
county near Peck and in Barber county,
near Elm Mills
The doctor has been a wonderful travel
er. having visited nearly all the lands
Of the earth. but strange as it may seem
this is his first visit to the Peerless Prin-
cess of the Plain. When he got of the
train yesterday and saw the city from
the union depot he was astonished at it's
beauty. He win remain here probably
several days.
DR. AIcChesney is a mighty interesting
genius, a splendid entertainer and fun Of
interesting ideas He is fond Of nature
and those who know him at home say
he has MIXTURE world in his premises
birds. fishes. insects, dogs, cats, horn
toads and scores Of other animals. He
has given up the practice Of medicine en-
Hrely and enjoys life with these living
curios when he is not travelling or look
ing after his property interests.
Usually a man who is fond of pets is
not fond of his own kind but the doctor
is an exception, for he is one Of the most
genial and entertaining mixers one could
find in a years journey.
The man who was born tired" should
use PRICKLY ASH BITTERS It makes
work a necessity to give vent to the
energy ana eXuberance of spirits gener-
ated by functional activity in the sys-
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-02-13
The Modern NNav

Commends itself to the well-informed, to
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fevers without unpleasant after effects.
use the delightful liquid laxative remedy
Syrup Of Figs. Made by California Fig
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The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-02-13

can go to bed now and sleep TIL morn
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DR.. Pierce's Favorlte Prescription
RI feel ike a different being and look
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The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-02-13
FRED Alley WILL BUILD
Contract Is Let for RriciS Structure at
pa North MaIn.

The plans are out for a brick building
at pa North Main street. The property
is owned by Fred Alley and Borden broth
ers of this city have the contract for a
twenty-five foot front two story brick
building. The material has been ordered
and the work OF erection VIII be COM
menced as soon as Mr.. Alley can decide
on some Of the minor details for the
building
The lots on which the building viii be
erected was secured some time ago, by
AIr Aley AT present there is a little
frame building on the site of the proposed
structur. Fore some time Mr.. Alley has
been contemplating the erection of this
building and for the past few days has
negotiating with Reeder the restaurant
man who viii probably occupy the prop
erty
The building will have a modern front
The doors viii be at one side of the front
and the other portion viii be glass clear
across from doors tow an. Iany other
plans for the building have been suggest
ed and Mr. Alley is sure that he win have
one " the most upto date buildings in the
city
The new structure WIN be of much ben
eft 10 North Main street There are
brick buildings on each side of the Site
and with il solid built up the appearance
viii be much improved.
Mr. Alley is confident that Wichita is
70 be great city. lie is increasing his
property possession in the city and after
concluding that building would be Of
much benefit to HIM az that point decid-
ed TO erect the one planned for
For driving out dun bilious feeling.
strengthening the appetite and increasing
u 49,