The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1907-09-24
Testimony Was Favorable to
B0Wlan But He Was Civ
en- Stiff Punishment.
SPECTATORS ASTONISHED.
IN THE OPINION OF THOSE WHO
HEARD THE EVIDENCE, BOW
LAM WAS JUSTIFIED IN AS
SAULTING SMITH.

| William Bowlan, the musical prison
er who has been confined in the city
/ Jail for over week, was given a hear
/ ing in the city court this morning on
charge of having committed an assault
and battery on Frank Smith, who ~as
lessee of the Akron hotel. Despite
the fact that Prosecutor Jessup asked
| the court to find Bowlan not guilty, the
facts in the case warranting this petit
tion, Judge Converse, after taking the
case under advisement, fined Bowlan
$50 and sentenced him to sixty days in
the county Jail.
The assault took place on Sunday.
Sept. 10, in the Bowlan rooms at the
Akron hotel. Smith was so badly
beaten that it was Impossible for him
to appear as prosecuting witness
against Bowlan until this morning.
He hobbled into the court room with
the aid of cane and his every move
ment seemed to cause excruciating
pain. DR.. Charles Marvel testified
that Smith had had three ribs fractur-
ed and that he had suffered many
bruises about the head and body.
On the witness stand Smith stated
that he had been the lessee of the Ak
ron hotel and that this lease expired
on the day the assault was committed
He said that Mr.. Bowlan was a month
in arrears with his rent and that he
called Saturday to collect this rent, but
found Bowlan was in Greenville, Ohio,
where he was doing ditch work. Sun
day morning he again called at the
Bowlan rooms to collect the rent, hav-
ing heard that Bowlan had returned to
the hotel Saturday night He said that
he found Mrs Bowlan reclining on a
sofa. apparently asleep. He said
something to her about the rent and as
he turned to leave the room something
hit him. Bowlan said that the next
thing he knew he. was standing at the
corner of the Starr park, where his
brother met him and took him home.
He supposed he had been assaulted, but |
he did not know who did it.
Told straightforward Story.
Bowlan took the stand and told a |
Straightforward story. He said that |
when he returned home Sunday after
noon, not Sunday morning, when |
Smith claimed the assault had been
made, he entered his apartment at the
Akron and found Mrs. Bowlan on the
couch with Smith and he promptly
assaulted Smith. Mrs Bowlan stated
that she had entered the room about |
noon and had taken some morphine.
then laid down on the couch. She was
awakened by her husband addressing
Smith in an angry tone. She saw
Smith on the floor at the side of the
couch. Mrs. Smith then ran out of the
room.
Smith was put back on the stand
and admitted that he had sat on the
couch with Mrs. Bowlan. He denied
that their conduct had been improper.
Bowlan testified that when he entered d
the room, Smith reached in his pock
ct. After Smith had been driven from
the room. uttering threats to kill Bow
Ian, knife was found by Bowlan at
the side of the couch This knife was
that it was his but that he had no in
tention of using it on Bowlau.
Moved to Dismiss.
After Smith made this statement,
Jessup moved that the
court find Bowlan not guilty. He
stated that Bowlan might for all he
knew be as crooked as a snake but
hat he thought if any man, drunk or
sober, entered his own home and
found his wife in compromising at
.itude with another man it was the ,
luty of the husband to whip him and !
o whip him hard. Judge Converse {
ook the case under advisement and ,
t was the general opinion that he ,
would find Bowlan not guilty. When 6
le came out of his private Office, ac- ,
by Chief Bailey and Ser 6
,eant McManus, and imposed the stiff :
inc and jail sentence everyone was ;
Istonished. y
In the opinion of those who heard {
he evidence Bowlan was justified in =
ssauting Smith. The police had in r
heir possession other evidence which =
it had been introduced would have /
the statements made by n
3owlan, most of which cannot be =
'rinted Whether or not Chief Bailey =
nd Sergeant McManus suffer from !,
n ultra sense of the duties their Off n
es impose on them or whether they g
re after a record for arrests and con- 6
lotions, is not generally known. Q
PROF. DENNIS WILL LECTURE.