The Denison review. [volume] (Denison, Iowa) 1867-current, 1904-11-30
SCHAUPP WINS SUIT,
Judgment Against Defendants
in Whitecap Case.
PLAINTIFF CRUELTY BEATEN
Band of Masked Men, One of Whom
is Brother-in-Law, Left Him Un-
conscious on Ground.

Band of Masked Men, One of Whom
is Brother-in-Law, Left Him Un-
conscious on Ground.
The case against the whitecappers
was decided in the district court last
week. The details of the case 5 they
appear in Sundays Nonpareil are as
follows:
Denison, Iowa, Nov. 26. Jacob
Schaupp, plaintiff in the whitecap
damage suit on trial here for several
days. was today given judgment for
$500 actual and S400 exemplary dama
ages against Henry Handke, Jacob
Herges and j. A. South we'll. Handke
is Schaupp's brother-in-law. These
men were the defendants in suit
brought by 'Schaupp for $4,000 DANA
ges for injuries sustained by him in a
whitecapplng episode on the night of
October 10. The verdict is considered
small by persons interested in the case.
The plaintiff expected to be awarded
judgment for at least $4,000. Immedi-
diately after the verdict was returned
the defendants filed motion for new
trial which will be taken up and de-
cided by Judge z. A. Church Monday
or Tuesday.
According to the testimony addlced
. band of masked men called at the
home Of Mr.. Schaupp, five miles north
evening of October 10. At that time
and went to the door. he was grasped
by the inturiated men outside, dragged
! out Of his door and thrown down on the
porch. His head struck on foot
scraper, inflicting an ugly cash 0n his
forehead. he was then dragged out
from the house few feet, and lashed
aud beaten numerically. Whips,
boots and fists were used in rapid fury.
and Schaupp was left unconscious
where he had fallen under the blows
thrust upon him.
| His children, who stood near by,
father into the house after the band of
masked men disal peared. The victim
was soon revived. Suffering from the
severe beating, he threw himself down
in chair and leaned over on the kit
chen table. While thus posed. reflect
ing over the incident OF few minutes
before and feeling keenly the smart
ing and burning of his injuries and
welts, there came another knock at
the door. Mr.. Schaupp did not re-
spond and in short time four men of
the same band crashed through the
door. one of them with a rope in his
! hand After three unsuccessful at
tempts the rope was thrown around Mr..
Schaupp's neck. much in the same
fashion that steer is assoed. At the
end of the rope the victim was again
dragged out in the yard. and given
another beating. the first attack be-
ing not sufficiently severe to satisfy
the whitecaps. This time Schaupp was
left in the same condition as before,
and it was thought by his children that
he had been killed.
AS preliminary to their first attack
the band announced that they came TO
punish him for alleged cruelty to his
wife, who had left the Schsupp home a
short time prior to THE episode. There
had been . quarrel between Mr.. and
Mrs. Schaupp over the attentions. paid
to one OF their daughters by young
man in the neighborhood. The next
day after the whipping Mrs. Sohaupp
returned home and cared for her hus
band, who was compelled to remain iu
bed several days, 80 severe twas the
{ beating:
During the scuffle that ensued when
Schaupp was being dragged from his
house masks worn by three OF the band
came off, Schaupp said, enabling him
to recognize them as his neighbors
!. These three men were Herges,. Hand
! ke and Southwell. The plaintiff was
sustained in his allegations by hit
children, who all testified that they
I recognized the defendants as members
of the gang which whipped thei,
father.
The case was given to the jury at
9 O'Clock Friday night and after deliber
ating from that time until 10 o'clocl
, this morning they returned verdict
? Judge Church, in his instructions Il
the jury, explained that the burden o
proof of an alibi. which was the suo-
t stance OF their defense. rested on tbe
defendants. 1t is on these instructions
A that the defendants have asked for T.
E new trial, claiming that Judge Church
erred in giving such Instructions. The
defendants declare that they will no
satisfy the Judgment unless the su
: preme court decides that they ar.
Q guilty.
Attorney w. p. Harding of this cit,
represented Mr. Schaupp. and a. L
i Robertson of Council Bluffs appeared
! for Defendant Handke. Attorneys
e A. Travis of Dunlap and George A
!, Richardson were retained by Herge
and Southwell.
}, The case of Rudd vs. Dewey was takel
:. up and tried before the jury Monda.
q and Tuesday Of this week. The case hs
had long history before the courts
having been appealed to the suprem
court and ordered fer re-trial The cass
a was given to the jury Tuesday night
n who brought in verdict this mornin,
of 81, ,500in favor Of the plaintiff.
q The above case was the last of tn
n jury cases for this term and the jury
70 men were dismissed from further SCI
D. vice.
The remainder of the term will b
:, devoted to disposing of cages in equit
"a and the court will probably adjourn tc