The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1902-10-29
Circus Man en- Trial.

| Circus Man en- Trial.
A member of Forepaugh & Sells
| Bros. circus was arrested in Charles
ton last Friday night on a warrant
issued by. Magistrate Wells, and he was
brought to this city for trial. The
| warrant was issued on the affidavit Of
| John r. Keels, who charged that one of
the ticket sellers on the grounds
swindled him out of $3.50. Keels
claims that when he bought a ticket
| he gave the agent $40 bill and that
be received only s1.50 change. The
ticket seller claimed that Keels gave
him 81 bill and that he gave the
correct change.
| Keels applied to Magistrate Wells
for warrant which he issued. The
man wanted could NOT be found be-
fore. the circus left for Charleston
Thursday night and the warrant could
not be executed. Keels was not salts
fed SO be followed the circus to Char
lesion and the warrant vas forwarded
to the Sheriff of Charleston county
| last night atKeels' request who wired
that be had found the man who
swindled him. Today Mayor Stuckey
received telegram from the manager
of the circus stating that one Of the
Aurora Zouaves had been arrested and
asked him to protect them against the
false arrest as the man held under the
warrant was not the cne wanted.
Sheriff Scarborough received several
teleorams during the day in reference
to the case, one Of which stated that
the preliminary hearing wonld be held
in Charleston today, another asked
for authority to hold Keels in Char
lesion as ne was getting ready to
leave. He wired that the man must
be brought here for preliminary
hearing If one was held, and that he
had no authority to say Keels must
be held in Charleston.
A. W. Witt, the attache of Fore
paugh & Sell Bros. circus who was ar
rested in Charleston Friday night on
a warrant chareing him with swind-
ling John r. Keels on Thursday, in
this city, was brought up on Sunday
morning by Special Deputy Sheriff
Knox, of Charleston. After his ar
rival in the city he was released on
bond until 10 a. m., today, the time
appointed for the trial. Mr.. J. A.
Schwerin furnishing the bond.
At10o'clock Monday he was arraign-
ed in Magistrate,Wells, court and jury
drawn. The trial was then postponed
until 8 p. m., on the motion OF the
prosecution.
The trial resulted in an acquit-
tai and Witt left on the evening train
to rejoin the circus at Valdosta, Ga.
The trial consumed several hours
and there was large crowd present
throughout, much greater interest
being evinced in this case than usual
ly attends trial before the Magis-
trate.
The whole case hinged upon the
matter of identity and the question
as to whether or not there was a
theft committed, as charged in the war
rant, was not entered into at all by the
defense.
The principal witnesses for the pros
ecution were John Z. Keels, Rance
Logan Knox Newman and Z. H.
Edens. Keels, Logan. and Newman
stated that Keels gave the ticket agent
twenty dollar bill in payment for
three tickets and received only fifty
cents in change. When Keels demand
ed the balance of his change the ticket
seller declared Keels had given him
two dollar bill. They swore positively
that Witt was the man from whom
Keels bought the tickets.
Chief of Police Bradford, Assistant
Chief Weeks L. E. White, j. ".
Durant, E. I. Reardon, J. A.
Schwerin and D. W. Owens, stated
what they saw or knew of the disturb
ance at the ticket wagon when Keels
claimed to have been swindled. They
said they took particular notice Of the
man Keels charged with swindling him
and were prepared to swear positively
that Witt was not the man.
When Witt was placed on the stand
he stated that his home was in
Pontiac, Ill, his father being Chief
of Police of that place now, and
formerly Sheriff of Livingstone Coun-
ty. He joined Forepaugh q Sells Bros:
circus in New York March 29th and
had been with it continuously since.
He is member Of the Aurora Zouaves
and had nothing to do with ticket sell
ing-was never in the ticket wagon IN
his life.
Arguments were made by A. B.
Stuckey for the defence and Marion
Noise for the prosecution.
Magistrate Wells charged the jury on
the law, stating that the State must
make out a case beyond a reasonable
doubt. The jury was out only few
minutes before returning with YER
dict of not guilty.
F. W. Faber one, of the detectives
who travels with the circus to keep
an eye on the crooks and grafters who
follow all shows, accompanied Witt and
attended the trial.