The Paducah sun., 1906-03-28
Damages Wanted for Killing OF
John Tice, COlOred.
The widow of ]. G. Flagman Sues
Officer Aaron Hurley and His
BOndsmcn.
FILED BY ATTORNEY WORTEN

Attorney j. NJ Worten filed two
suits today in the federal circuit
lcourt that will recall one of the most
exciting incidents with which the To-
cal police department has had to
contend and one of the most thrill
ing i'm the city's history.
The style of the suits are Minnie
Tice VS.. Aaron Hurley and The Title
Guaranty and Trust company of Penn
sylvania, and one is for $4,000 and
the other for $4,000.
Minnie Tice is the widow of John
Tice, who was the flagman at the l..
C. railroad crossing shot and killed
on Christmas day last in a battle
with police officers and citizens. The
$4,000 suits is for the death of Tice
and is brought under section four OF
the Kentucky statutes, which says
in part, The widow and minor child
of either or both, of the person kill
ed by the careless, wanton or mali
cious use of firearms, may have ac-
tion against the person who commit
ted the killing and all others aiding
or promoting, or anyone or more OF
them.
In her petition the widow sets
forth that Hurley. acting as a police
officer, and pretending to be in the
discharge of his duties, together with
six or eight other police officers, and
aided by a posse of citizens OF the
CITY of Paducah consisting Of two o.
three hundred people. arrested her
husband, and in the arrest by the
careless and wanton use of firearms
shot and wounded him, from the re-
suits of which he died. and that ii
was not done in self defense. She
states, that the deceased was in tn.
flagman's tower. and there was no
way to get out, and that he made no
attempt to escape, but was merely
coming down through the trap door;
that he was cripple. having only
one leg, but, failing to come down,
two or three hundred shots were fir
ed into the tower and five or six OF
them took effect in his body, result
ing in his death. She claims that he
was earning a salary of $50 a month
and was able TO continue to do so.
and that by his death she is deprived
of support and damaged to the extent
of $4,000.
In. the other suit, which is for s5,-
600 and for false arrest, she pleads
that she heard of the attempted ar
rest of her husband and the shooting,
and she was making an effort to get
to him in the tower; that she succeed
ed and found him lying PROSTATE,
when Hurley assaulted her. beating
and bruising her with his pistol and
-"billy," and using rough and in
sulting language; that she was ar
rested, put in the patrol wagon and
carried to the city hall, where she
was confined, and bail denied her.
until the following day. when sh.
was released without any trial. She
SAYS Hurley had no authority 20 ar
rest her: that she had violated no
law, and that he had no warrant
from Judge or magistrate, and also
no grounds for believing she had vi
olated any law: that her application
for bond was denied. and by virtue
of such arrest, assault, and insults
she was caused great degradation,
mental anguish. physical pain, and
humiliation and damaged TO the ex-
tent of $4,000.
The facts in the case are very IA
miliar to everyone, and the incident
mentioned caused a great deal of ex-
element and anxiety at the time and
the spreading of all sorts of reports
about a race war and threatened trOu
BILE of different natures.
Tice. IL will be recalled. had had
some difficulty with a white boy, and
passed some words with him, when a
white man took up the boys part,
and. it is alleged, Tice shot at the
man. This led to a general fusillade
which was Joined in by police officers
and citizens in general, and when the
smoke of the battle was over Tice
was found dying in the flag house,
and Officer James Clark. who was