The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-08-20
DERBY DAY AGAIN.
]. TrenkIe Files Suit for 5000 Dam
ages Against Derby.

| Another development of the joint
smashing and general disturbance at
| Derby last Friday appeared in the courts
yesterday, when John Trenkle filed a
damage suit for s.. o2o in the district court
against the city of Derby. In the petition
Mr.. Trenkle charges some of the city
officers with participating in the riot on
Friday which resulted in injury to him
self and property. The petition reads as
follows:
Now comes the plaintiff and alleges
that he is now, and has been for more
than fifteen years, last past, an actual
and bona-fde resident of the county Of
Sedgwick and state of Kansas
"second-That the said defendant is an
| Incorporated city and is a city of the
third class, incorporated and organized
under and by virtue of the laws Of the
state of Kansas.
..Third-That at the times hereinafter
mentioned. Ed Braden was the mayor of
the said city of Derby. that Sloat,
whose first name is unknown to the
plaintiff was the marshal of said city
of Derby, that - - McConiy, whose first
name is unknown to the plaintiff, was the
chief of police of said city of Derby.
and that Thomas Wardell is the post
master of said city Of Derby.
That on the 14th day of August. 1903,
in the afternoon of said date, there was
congregated in the city of Derby, Kan,
a mob, the names of the persons consti-
tuting said mob are TO the plaintiff I'M
known, but plaintiff alleges that there
were some 20 or 30 people constituting
said mob in the streets of Derby, Kan,
including said above-named officers of
said city; that among said mob. and con-
stituting part of the same, and assist
ing and leading said mob. were the said
chief of police and the marshal of said
city of Derby and most of the council
men of the city of Derby, whose names
are to the plaintiff unknown, which said
mob unlawfully, wantonly, maliciously
and intentionally entered in and upon
the dwelling house and residence of the
plaintiff in Derby Kan, and forcibly
wilfully, maliciously and intentionally
broke out the windows of said dwell
ing house of said plaintiff, and forcibIy
took hold of said plaintiff; that at said
time, said plaintiff had a carpenters tool
in his hand and was engaged in repairing
his said house; that said mob forcibly
wrenched said tool from his hand and
forcibly threw the plaintiff down anu
thereby injured his wrist and caused the
same to become swollen. which prevented
the plaintiff from working; that in throw
ing the said plaintiff down the said mob
injured plaintiffs back and right side
and the muscles of his back: that the
said mob thereafter forcibly took the
plaintiff to the back room of his dwelling
and forcibly held him there and refused
to allow him 10 leave the same, and
thereafter the chief of police and the
marshal, with the balance of said mob,
fcrcibly arrested the plaintiff without any
warrant or process therefor, and took
said plaintiff away from his business,
and forcibly held him during the entire
day of said August il. 1908.
That during all of said time the plain
tiff was guilty of no violence on his
part and he had committed no crime,
and was guilty of the commission of no
offense.
That at said time the said mob went
through the plaintiffs house, both up
stairs and down. dirtied his carpets. tore
up the bed. and threw about the furniture
in plaintiff house. and damaged the
same to the amount of $50; all OF which
said acts were done by SAID mob mali
ciously. wantonly. unlawfully and inten-
tionally.
Notwithstanding alleges that by reason
Of the acts of said mob as hereinbefore
alleged. plaintiff suffered damages by rea-
son Of the destruction of his property
as hereinbefore set forth in the sum of
so; that by reason of the injury to his
wrist and back. and by reason of the
acts of said mob hereinbefore complained
OF. the plaintiff was further damaged in
the sum of $5.00O.
Nv Wherefore, plaintiff prays Judgment
against the defendant for damages in the
sum Of $500, anu costs of suit. and for
such other and further relief 10 which he
is entitled"
Mrs. Myra McEIenry, who is said 10
have been the leader of the riot against
the Joint businss and the assault upon
T. H. Mahan and s b Amidon. at
Derby. last Friday afternoon was ar
raigned in the city court yesterday morn
ing before Judge Alexander. where she
pleaded guilty to the charge preferred
against her. Her hearing was set for
next Monday. and her bona was fixed
at 500. However. she said she preferred
going TO jail TO giving bond. and was
escorted TO that edifce to await her
hearing.