The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-01-16
Court Doesn't Endorse His
Treatment of 'sMasher."
Assaulted Man Who Gave Wife
"a Bold Look"
GIVEN A HEAVY FINE
Appeals From Judge SimOn's
Assessment of $50.
Trouble Occurred in the Elite
Theater.

A decidedly interesting dissertation
on one method of dealing with alleged
''mashers" who give ladies bold
| look" on the streets of our fair city,
was delivered by the defendant today
| in the trial of Henry c. Ellet on a
charge of assault and battery on the
| person of George q. Burriss. held be-
fore Judge E. r. Simon in the city
court. That Mr.. ELECTS method as
| described and practiced contains
some flaws and should not be gen
orally adopted by chivalrous citizens
was evidenced, however, in the de-
ciSion of Judge Simon, who held that
the defendant had no justification for
his assault and fined him $50 and
costs.
Mr.. Ellet, through his attorneys
Schoch and Wilson, gave notice of an
appeal to the district court against
the decision, and filed bond for the
same.
This is the case in which Mr.. Ellet,
shoe dealer on Kansas avenue,
struck Mr.. Burriss, a travelling sales
man for a coffee firm with head
quarters in Chicago, while the latter
was occupying seat in the Elite
theater. Mr.. E1let pleaded in jus
LITIGATION of his violence that Burriss
had insulted his wife. The decision
of the court today IN large. part re-
moves the stigma of "masher" which
had rested upon Mr.. BurrisS since the
date of the trouble. The trial also
brought some interesting details here
tofore unmentioned.
The assault occurred on the even
ing of December o., last, just prior
to the Christmas holiday festivities.
On the stand Mr.. BurriSs, whose hair
is tinged with grey, testified that he
had come to Topeka, a stranger, and
had left the Throop hotel for a stroll
along Kansas avenue. He walked as
far south as Eighth street and seeing
the Majestic theater sign had decided
to attend the performance there later
in the evening. Mr.. Burriss declared
that he started back along Kansas
avenue toward the Throop hotel,
leisurely glancing in at the windows
to observe the displays of holiday
goods and upon reaching the hotel, he
went in and got his pipe and lighted
it. He noticed the lights of the Elite
theater across the street as he de-
parted from the hotel and with his
pipe still lighted, but concealed in his
hand he entered the Elite and took a
seat on the aisle. CHANGING around,
forward and gazing at him intently,
and thinking the defendant was some
travelling man he knew he gave a
smile of recognition. A instant later,
Burriss testified, Ellet came over to
him and struck him twice in the face.
He disclaimed any intention of smil-
ing at Mrs. Ellet and declared that he
did not attempt to flirt with her or
annoy her.
The testimony of Mr. Ellet. the de-
PENDANT and of his wife, proved of ex-
ceptional interest in the proceedings.
Mr.. Ellet told the court that he and
Mrs. Ellet started to leave his store at
513 Kansas avenue. to go to the Elite
theater together. Mrs. Ellet went to a
mail box south of the store to post
letter while EIlet sent his dog back into
the store. AS he waited for Mrs. Ellet
defendant stated, he noticed Burriss
from the mail box. When she came up
to him at the door of the store, he said,
he ordered her to continue on her way
land attend to her own business Bur-
riS, he said, was walking slowly in front
of Mrs. Ellet, and looking back over his
shoulder at her every little while. Mrs.
Ellet went diagonally across the street
to the postoffice, when she reached the
corner and Ellet continued following
Mr.. Burriss down the street to a point
just opposite the Elite theater, where
witness declared, Burriss paused an in
slant and looked over toward the Elite.
He then went along toward the Throop
and Ellet crossed over to the east side
of the street and Joined Mrs. EIlet in
the theater.
About two minutes later, so Ellet tes-
titled, Burriss came in and took a seat
on the aisle, about two rows in front
of Ellet and his wife and on the oppo-
site side. The defendant declared that
Burriss turned and smiled two separate
times at Mrs. Ellet. whereupon he arose
and struck him twice and then, togeth-
er with his wife, left the theater.
why did you send your wife on
ahead from the store alone. while you
followed along behind?" asked County
Attorney Schenck. who conducted the
prosecution.
"I wanted to protect my wife from the
insults of this man (referring to Mr..
Burriss) and 1 directed her to go along
and attend to her own business, in
tending to smash him if he attempted
to insult her." replied Mr.. Ellet.
In reply to questions the defendant
said he had frequently been annoyed by
men on the street attempting to flirt
and pay attention to his wife.
How do you account for that?" ask
ed Mr.. Schenck.
Because" replied Ellet, with some
asperity, "there are more Johnnies' in
Topeka than in any other place know
Of"
And So" suggested the county at
torney, you were willing to have some
body insult your wife on this night so
you would have an opportunity to
smash somebody and teach him a les
SOM"
Yes, sir; that is it," replied the de-
PENDANT.
Mr.. Ellet denied that he is of a jeaI-
Gus disposition, but admitted that he is
something of a physical culturist. Dur