The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-12-20
But 1t Made a Lot Of Trouble in
Court.
ID. r. Osborn Paid Conductor
Ten Cents and He Kept 1t.
ASSAULTED, PUT OFF,
Street Car Man Fined One Cent
and Costs.
Miss Elizabeth Barr Objects to
Being Called a Poet.


A. W. Coleman, street car con-
this afternoon by Judge Simon for
assaulting D. R. Osborn, a druggist,
and kicking him off his car.
Elizabeth n. Barr, who happened
to be on the Washburn car the night
Osborn and Conductor Coleman had
their lively tilt. was called as a wit
ness in the assault case of Osborn
against Coleman, tried in the city
cross examination which brought
tears to her eyes, made a sensation in
the court room, and resulted in her
plea to the court for respect.
Where did you get on the carr"
asked Charles Magaw, attorney for
the defence.
''At the state printing plant
Did you hear any wrangling in the
carr"
Yes, sir.''
What was it?
Somebody wanted a nickel
What did he say?''
Give me back my Nickel
WAS it Mr.. Osborne"
Eyes. and he was quarreling with
the conductor
Were any blows struck?"
Yes, it appeared to me as If -"
But that is as far as she got at
that time. Ed McKeever, counsel for
the plaintiff, began an objection.
II object to what appeared to her.
Miss Barr is novelist and a poet,
your honor. and if we are going to al
low her to sit UP there and tell US
these things as they appear to her
and her imagination, no telling what
what we might have
He did not get through. Miss Barr
had listened for an instant and tears
began to gather in her eyes, then her
chin quivered, then her mouth witch
ed and she turned her fact to Judge
Simon hiding from her tormentor be-
hind her big hat and asked pleadingly:
Judge, do I have to stand for
that?"
mo, you do not; the objection is
overruled."
Mr.. McKeever apologized for the
reference to the lady's literary work,
stating that he had meant no insult or
offense, and she was allowed to go on.
Her story was that Osborn had given
the conductor a dime and the con-
ductor had put it in his pocket. Os-
born then began scene demanding
his nickel back and shaking his hands
in Coleman's face. Coleman explain
ed to the people that Osborn had been
riding all summer on that dime and
he was going to keep it. Osborn fol-
ing, "Give me that nickel back" and
Coleman was answering, go ask the
company" while the passengers crowd
ed around to see what would happen.
Miss Barr caid she had seen blows
struck then, and thought there were
three of them, and that the conduc-
tors face was scratched.
ibid you say Coleman's face was
scratched?" asked McKeever on cross
examination.
yes"
Where was the scratch?''
"Under the left eye"
What made it?''
IT thought blow had done it."
"You don't know but what lady
cratched him with a hat pin do YOU ?'
"Well. I thought it looked as if 1t
mieht have been done in a scuff1e"
Tell me then what is the difference
between scratch made by scuff1e
and one made by hat pin?''
Again the court came to the girls
rescue and told her she need not an
swer such question.
Finallv Miss Barr testified that Os-
born had been put off about Buchanan
street.
Others testified that Osborn had been
conductor around and demanding a
nickel. This eye had been exhibited to
several parties heretofore.
But the story of the nickel and the
tolerance of the people in letting the
conductor keep it is dated far back into
the summer.
Osborn, with five ladies' had started
for Vinewood. Osborn, smoking on the
rear platform, paid the fare and the
ladies paid again inside. The druggist
raised a complaint but without avail
until the conductor came to his store
and told him the next day If he wanted
the money to go to the car barn and
get 1t.
Osborn refused to run after it or TO
pay 10 cents car fare to get 1t, so there
after during the summer whenever he
boarded Coleman's car he told him to
chase himself to the car barn and get
the money.
Thus it happened that the druggist
rode many times for nothing and that
when Coleman finally did get piece OF
money he kept it all The present suit
was brought November &c.
unI InAvc IN TnncKA