The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-01-18
John Shinn Damage Suit Is
Delayed in District Court
STAMBACHSQONR RECEIVERS
And Case Is Continued With
out Further interruption.

tuck for the plaintiff and Brubacker for
the defense made the preliminary argu-
ments and the case will likely go TO the
jury sometime this morning Judge Wall
and Attorney AIyatt will make the clos
ing arguments for the plaintiff and de-
tense respectively.
F. F. Stambach, one Of the jruors In
the case, got suddenly sick during the
/ progress OF the trial in the morning and
caused adelay Of nearly an hour. Mr.
/ Stambach Is a cattle raiser Of Eagle
township and has just recovered from a
/ severe attack Of the grip. Shortly after
the case had been resumed yesterday
morning he suddenly became faint and
/ requested to be excused from the court
room. At first it was though that be
cause Of his illness it would become
necessary to postpone further hearing in
| the case until some future date Forum
ately, however, Mr.. Stambach's illness
was nothing Of a serious nature and the
trial was resumed without further inter
ruption after a recess of nearly an hour.
The first witness to be placed on the
stand by the defense was WILDER Shtnn,
stated that he is a resident and cattle
feeder Of Gypsum township. He said
that he owns a herd Of about !, 300 cattle
and that the expense Of maintaining these
On good condition IS about $35 PER day
lie testified that the children Of the dis
triot school had repeatedly caused them
to stampede and that he had lost con-
siderable money on the herd in this man
nar.
He admitted that he entered the resi-
derce Of A. L. Heller on November Il,
1889, and that he had taken young Spohn
from the house and given him a severe
shaking. He denied, however, that he
beat or kicked the boy, as had been al
legged by the witnesses for the plaintiff
and in the deposition Of the late Mr.
Heller. He also denied that he had used
any profanity towards the boy in the
presence Of the other children. or when
he was alone with the lad in the public
highway. where the beating and kicking
IS alleged to have taken place. He stated
that the boy was not taken from the
Heller residence BY force, but that he &C
companied him readily though he did
admit having held him by the coat collar
in order to prevent his escape. Mr.. Shinn
testified that at the time he went into the
house he though that the boy was the son
Of one Of his neighbors, Mr.. Stoner,
who had told him on previous occasion
that if his son ever was caught moIest-
ing the cattle he was to be brought home.
where he would administer the proper
punishment When informed, witness /
said, that il was not the Stoner bow. he
gave the lad severe shaking to to i'm I
press upon him that he must never again /
modest other peoples cattle. In giving
his reason for pleading guilty to /
charge of assault and battery at his /
hearing in the city court few days
after the affair occurred, Mr.. Shinn said |
that he CHANGED to he in Wichita on that
day and that he was informed that his /
presence was required in the city court /
room. He at once went there, but found |
none of the plaintiffs excepting Mr. /
Comfy who, as assistant county attorney. /
was prosecuting the charge against him. /
The judge informed him that the trial /
had been postponed to a future day. He /
Informed the judge that it would BE- i'm (
possible for him 70 return, since his bust I
ness required his presence at home. With I
the consent Of Mr.. Comfy the triad was
at once reopened and in order to stve
time he plead guilty to the charge of as
sault and was given a nominal fine Of 81
and the costs of the case.
Jacob Fry, Golfer Goodin. Pat Goodaire.
James Goodaire, Roy Goodin, S. e. High
and J. ]. Fry, all of them witnesses for
the defendant, testified to practically the
same thing as follows: That the defen-
Z
habits and good reputation: that they
were aware Of the fact that the children
Of the district school had frequently an
moved the cattle belonging 70 him. Jacob
Fry testified TO the fact Of having seen
the plaintiff, Ernest Spohn, herding his
fathers cattle on the day following the
alleged assault and that he had also seen
him engaged in playing ball and at other
games with the boys OF that vicinity on
the days Immediately following the az
fair with Shinn. This evidence was ma
-erial, since the PLAINTIFFS witnesses al
eyed that the boy was so badly injured
that he was unable to sleep at night and
that he sustained Il severe nervous shock
as result Of the alleged rough treatment
at the hands Of Shinn
The hearing of the testimony IN the
1ase was concluded at o'clock when the
court announced a recess in order to
nave an opportunity TO prepare his charge
10 the jury. Judge Dals's cna.g e to the
ury was lengthy document ana fully
covered every point in the case.
The primal and principal charge was
10 the effect that although the plaintiff
nay in fact have frightened defendants
,attle as claimed by the defendant, ana
although the defendant, If he had caught
he plaintiff in the act OF frightening the
attic before the comp e-iol theroCf.
Tould have been legally iustifsd in using
'uch force as might have been necese a-y
md reasonable 10 prevent The completion
z the act, vet tHe defendant had no
esd right after The commission If ti.e
ict to pursue or solow the plaintiff and
'Urdsh him by commit ting an assault and
lattery upon his person
The remaining instructions were as "a
he amount q damages The coUrt in
itr1cted the Jury that Il a verdict was
ound FOR The 2lalnuT AMI ls dal-aee
IS II nisht thinA 3-ope- aside .-on the
amount aslsi fer n the r,ainu8s re-
iuon. Tor c1rrectio1a-v motives to pre-
rent repetition ~ tas same o~-nse bv
a.