The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-09-27
WAS BOUND OVER
w. c. Hershberger Charged
With Assault to Kill.
ATTACKED AN OLD MAN
At the Corner of Washington
and Third Avenues.

the great Washington avenue scrap has
come to trial.
The assault was made on August Il
and for three weeks the victim was in
bed and unable to attend court. He was
ready a week ago. but some other matter
interfered and the trial was continued
Both Of the men are over co years OF age
and neither has the appearance of being
very great fighters. but from the testi-
mony Of w. C. Hershberger it would seem
that he is a fighter. Fourteen witnesses
were examined, ten for the state and four
for the defense. There was not very
large crowd in the court room, but those
who were there were very much interest
ed in the proceedings. There are two
sides on Washington avenue. and those
who are in sympathy with the Hart side
OF the case so into it with BODY and
soul, and those on the Hershberger side
are just as much ia earnest There seems
u be grand neighhorhcod fued ia the
ueighborhood of Third street and Wash
tngton avenue, and it has been brewing
Tor months, and reached its elimination
on August Il and the result of that scrape
IS that one Of the participants is charged
with attempting to XIII another man.
There was nothing definite decided yes
ter1ay except that the evidence showed
10 the Judge that there was an attack,
and that, in his opinion, Mr. HershberSer
was the man who started il, and ne did it
with deadly intent. The decision of
whether he made this attempt viii not be
decided except by u jury in the district
court The court did NOT state as TO the
mans guilt and only stated that it was a
cause worthy of examination before .
jury.
Assistant County Attorney Huttmann
conducted the prosecution, assisted by
George Adams, and VIII Ayers appeared
for the defense. The first witness called
was George B. Jones. He stated that he
was in police court when Mr.. Hersh-
berger came up to the judge and offered
10 plead guilty to the charge Of assault
and battery.
j. w Dice was next called. He stated
that he was at home the morning of the
fracas. and saw Mr.. Hershberger and
Herbert Young going down the street
Young left, and the other leaned up
AGAINST tree ar Hart came along
ana A4lt4 lir US tltaA A44r iANr FiAtAF III
Hershberger was standing the latter step
ped out and struck Mr.. Hart in the face
with something He could not say how
many times ne tried TO strike him, but ala
this time Mr. Hart was trying TO set
away He only heard one shot fired. and
the gun was pointing in the air at the
time and when the shot was fired Nr.
Hershberger picked up something from
the street and started toward Mr.. Hart,
but Mr. Hart went on home.
Stanley Rogers was next celned. He IS
only 12-years-old. He said that he did
not see the first of the fight and only
saw the two men struggling. Mr. Hersh-
berger got loose and picked up something
from the street and then Mr.. Hart pulled
out gun and fired
Judge Stanley of the police court. was
the next witness called and he stated that
in the court Mr.. Hershberger said that
AR Hart was "a lar and a coward The
judge said that he told the two to shake
hands and be friends as they We're both
old soldiers. ana that Mr. Hershberger
said at that time. even when Mr.. Hart
reached out his hand, that he would not
shake hands with man of no manhood.
on REORGANIZATION by Mr. Ayers. il
was brought out that Mr.. Hart came to
police court once or twice 90 have Mr..
Eershberger's boys arrested for throw
ing stones at AIr. Harris house. He
stated also that Nj Tcrshberger swore
out a warrant for Mr. Hart. charging
him with carrying concealed weapons.
ard that the case was dismissed. because
AIr- Hart had a permit from the old ad-
ministration.
Or NInick was next celled- He stated
that he attended Mr.. Hart after he was
hurt. and found that he had a black eye
and also injuries or the back of The neck
and lu the stomach. and was in a bad
nervous condition. He said that his
patient was in bed for over two weeks.
He Ola not know that a coroner's jury
had been called TO inquire into the cause
of Mr.. Harris death. He said that his
patient improved. but slowly.
N1yme Howard was the next witness
called. she said that she lived in the
neiehborhood, and had seen AR Hart on
the morning of the fight. She saw ar.
ETershberger SO cross the street and talk
few moments with Air. NOunE. The next
thing She saw was Mr. Hershberger
staining with AIr. Harris head under his
arm and he was pounding him IN the
face Mr.. Hart got away from him and
pulled a gun and shot. lie did not shoot
directly az him.
Dick Dodd was next called. He said that
he and Syl Dunkin went 70 the neighhor- F
hood Of Mr.. Hershberser To serve some 4
summons. and that Mr.. Hershberger was
talking 10 them when Mr.. Hart came up.
and ar Hershberger kept mumbliug To
himself that be would TX him. He also
said that DE heard AIr. Hershberger can +
0Ir. Hart a liar in police court.
Mrs. Anna Young was the next witness /
called. She stated that she saw AR
IIershberEer strike Mr. Hart. Then 3Ir f
I5a-t pulled away from his opponent and I
then shot with his revolver. She said +
that she did rot believe Nr Hart would .
jump onto any man. as that was not his .
nature.
The prosecuting witness was the next
one called. He stated that be had rheu-
in his arm and had 40 strength
IN Fl. He could nor carry his dinner
basket in his hand. bur CA his arr on /
the morning Of the fracas he was going
10 his work and saw AR Hershber-er
Vhen he was very close To him. and the
next thing he knew was that AGr Hersh-
berger had hold Of his coat collar and
Goshen, lII.
Pure Food Co, he Roy, n. Y.