Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1908-05-20
SAM KENERLY CONVICTED
Found Guilty Of Assault TO do Great
Bodily Harm. Crap" Shooters
Plead Guilty. Other Court
Matters.

Samuel Kennerly Of this city was found
guilty Of assault to do great bodily harm
under such circumstances as would have
constituted manslaughter had death en-
sued, by jury composed Of the follow
ing Barber county citizens, last Wednes-
day:
S. W. Jones A. F. Buckles
o. f. Griffin Roy Doran
c. L. Schuyler Ed n. Smith
w. l.. Aten c. II. Stewart
X. 8. Cowden John Rinke
J. K. Dunkin WIN. Mcpherson
The trial Of the case occupied two
days Of the session. Tuesday and We'd
nesday. The jury was out only forty
FIVE minutes Four ballots were taken
and the only point at issue was to deter
mine the degree Of the ofense. Four
forms Of verdict were submitted to the
jury by the court. First, finding the de-
fendant guilty Of assault with intent to
kill; second, assault to do great bodily
harm; third, assault and battery; fourth,
acquittal. No juror favored acquittal,
and none seriousl considered the third
count, but the jurors were about evenly
divided on the first and second count,
and after discussing the matter briefly
they agreed on verdict as above stated.
The minimum penalty under this con-
Mction is six months in the county jail; the
maximum is FIVE years in the penitentiary.
Mr.. Kennerly stands convicted on the
same count on which Lewis Neil was
convicted year ago when he cut Char
ley Mofett. Judge Gllett will sentence
Mr.. Kennery the latter part Of this week.
His attorneys intimate that the case will
be appealed.
Mr.. Kennerlys trouble dates back to
December Il, 1907. He and seven
or eight others got into a crap" game
and big drunk at the ice house near the
Santa Fe depot. After the crowd go'
too drunk to do anything else they start
ed home. When they got to the bu.
barn part Of them stopped and smoked
and loitered around. Kennerly slept In
the small house near the barn and claim
ed that he feared they would set FIRE to
the barn and ordered them to go away
as he was in the employment Of Gano
& Son who operate the bus line, but they
refused. He then went into the house
got his shot gun and fired two shots
One Struck Geo. Horton in the arm and
the other Struck Jess Bunch (colored) IL
abe arm, hand and groin. Bunchs con
dition was critical several weeks but HI
recovered. There was great danger o
Horizons losing his arm but he also re
covered. Mr.. Kennerly's defense wa
that he did not intend to shoot the boy
but thought he was shooting in the al
for the purpose Of frightening them. H
also claimed that he was so drunk tha
he did not know what he was doing.
The whiskev that the gang drank wa
furnished by Jess Bunch. the colored mar
County Attorney Cloud. assisted b
Samuel Griffin, conducted the prosecu
hon and Noble & Tmcher represente
the defendant The feature Of the al
Rument was MIR. Clouds forcible pre-
sentation Of the states case and his frank
ness in condemning lawlessness in ger
eral. His plea before the jury was high
ly compGmented.
In the crap shooting cases. Vim. COX
en-, Ben Kaufman, Geo. Horton, w
Batson, Spence Morlan and Jesse Mo
Ian were called before Judge Gille
Thursday morning. Golden. kaufma
and Batson were fined $40 and cos
and Horton and the Mohan brothe
were fined $40 and costs and sentence
to thirty days in the county jail. Judt
GiIlett delivered very impressive lectu
to the young men before pronouncir
sentence which, it is sincerely hoped, W
be needed and that they will profit by
To the credit Of all the defendants.
should be said that they frankly admits
having been gambling and carousins al
they did not make any false pretenses
the matter. We trust that this examE
(which includes the Kennerly shooting
far) will serve as warning to others "
are inclined to spend their rights in di.
patton and criminal revelry.
The fine and costs in each Of th'
cases amounts to $l6.2l. kaufu
and Golden have each paid and ha
been released.
The case Of the Van Arsdale-Osbo
Brokerage Company Of Wichita vs. w
Botkin Of Kiowa was tried on Fnc
forenoon before the following jury:
J.w. wyer O. A. Winte
IL Parr NJ r. wint
II W Stevens 7. L. LindlC
Sim Ewalt C. l. Rhode
6. W. Jones "A. r bucA
Roy Doran f A hastI
Plaintiff sued on promlssory not
$40 claimed as premium on insura
policy. Defendant claimed an Offset