The Goodland republic. [volume] (Goodland, Kan.) 1891-1907, 1902-04-11
DOIHGS OF THE DISTRICT COURT.
The scheH Case Continued to the
July Term
Jehn O. DOeIerty, Charged With Assault
With Intent 10 Kill, Pound Guilty
Of Common AssauIt-The
ErEsU-Auer Case

HeEAolo Eases OF the lOCAEL Wd5 QGtSE-
mined, the first case called was that Of
l. L Ernst rs. Otto Auer, Il H Auer
Richard Auer and Pauline Hartman
Ernst sues for $1,000 damage for being
bitten by dog owned and harbored by
the defendants Joe v aters, OF Topeka
attorney for the defendants, showed that
the costs II the case would amount to
between $50 and 500 and asked for a
bond covering the costs to be fled by
the plaintiff Judge Smith granted the
requess and Ernst was given 10 days in
which 70 tiie the pond, which viii throw
the case into the July term.
WEeE the case Of ez- City Marshal H.
n. Schell, charged with the murder OF
". II. Frazer, was called, MS attorneys,
joe Waters and E. z. Murphy, filed a
motion for change of venue on the ground
Of pref udice existing IN the county against
the defendant. his was afterward with
drawn and a continuance to the July
term asked, winch was granted. L. ".
Colby, OF Beatrice, and County Attorney
Andrews. for the prosecution, wanted
the bond fixed at 5000 Judge Smith
thought that 5000 vas sufficient and
placed It at that figure. SchelI's previous
bond was but $500, but he secured new
bOndsmen for the larger amount The
bondsmen are Henry Kaiser. Andrew
Kaiser, D. A Long. J. R Eicher, Viii
liam Frost. JOun +. Heston, A Day and
George Jones.
s. W Hartman, who was convicted
Of petit larceny at the November term
but had given bOGd for suspension Of
sentence, vas given 80 days in the county
Jail and the costs OF the case assessed
against him. Attorney Harwi p esented
a petition sig ed D. all the county Off
GERS OF Graham county, where Hartman
lives, req Nesting the court TO suspend
sentence until The next term. Judge
Saith heard the petition, and in passing
sentence said: The court has not the
power Of pardon, and as sentence has
already been suspended since the last
term of court the sooner sentence Is rem
dered and the penalty served the better"
II 4rdmau stole a saddle from E. B.
Alderman. il the northeast part Of the
cOun Y about year ago and escap d in
to Colorado He was captured near Den
yer and ex- tradition secured on the charge
OF grand larceny, but when the case was
tried the charge was cha ged to petit
larceny and Hsrdman plead guilty.
Doekerty Guilty of Common Assault.
The jury IN the case of John o.
Dockerty, charged with assault with
intent to kill, brought in a verdict of
common assault Friday morning after
being out u hours. The attorneys for
DOckerty fled a motion for a new trial;
but it was over-ruIed and Judge Smith
sentenced Dockerty TO 80 days IN jail
and Co pay the costs The trial Of the
case began Tuesday.
The complaint against Dockerty vas
brought BY A. H Mccall Both are
farmers from the northeast part Of the
county and the trouble occurred Dec
ember q DOckerty leased a quarter
OF land formerly leased by Mccall, and
IN removing his property from the
place DOckerty accused Mccall Of
stealing some lumber. They engaged
IN an alteration and Dockerty says
that Mccall attacked him with a neck
yoke and that he fred the shots at Nc
Call with no intention Of hitting him,
but only 70 protect himself Mccall
denies that he attacked DOckerty with
a neckyOke. There were no other wit
nesses TO the affair and DOckerty' S
arrest was made principally on state
meuts he was said to have made after
the trouble occurred
Nearly all Tuesday afternoon was
occupied IN securing a jury.
A surprise on the prosecution was
the evidence of Mrs Kate Brevere, one
OF the states witnesses, who went com
pletely back on former alleged state
ments as to a conversation with Dock
erty IN which he was said to have ad-
mitted shooting az Mccall and made a
threat She stated upon oath that
Doekerty never said anything Of the
kind. and declared that she was asked
To make the statements to the county
attorney by Mccall Upon being ques-
toned BY Judge Smith Mrs Brewers
said that It made a great deal Of differ
enee with her IN regard TO telling the
truth when she vas under oath and
vas not
A. A. Shirley, Dan Turner and AlTs
FuIwider testified that DOckerty told
them about the affair and admitted
shooting at Mccall Tom Reed sWor,
that he saw the smoke from the re
voIver, although half nile away and
the day was windy
TIE defense introduced Witnesses t,
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