Evening journal., 1909-09-15
HEARING in
ASSAULT CASE
Judge Cochran Reserves Dee
CisiOn in the Charge Against
MdhIOn B. Foster
EACH CLAIMS OTHER
WAS AGGRESSOR

After a hearing. City Court Judge
Cochran this morning announced that
he would give decision tomorrow in
the case Of Mahlon b. Foster. charged
with assault and battery by Lilburne
Chandler. an attorney.
Testimony was sufficiently sensa-
tional TO hold the interest Of the large
number Of lawyers in attendance. Still
bearings marks Of the encounter, Mr..
Chandler testified to an assault upon
him by Foster. who gave equally in
teresting testimony that Chandler had
been the aggressor.
The hearing had been continued pre-
viously to enable Assistant City So
licitor Chaytor to obtain a young
woman who was said to have wit
messed the conflict, but Mr.. Chaytor
did not call upon her this morning
Foster has said that he will bring
charges against Chandler before the
Bar Association. Foster was repre-
sented by Horace G. Eastburn.
Dr. p. w Tomlnson. the first wit
ness. who treated Chandler. testified
as to his wounds which consisted of n
cut over the right eye. a cash through
the center OF the upper lip. a cut on
the top cf the head and a bruise under
the right eye His impression was that
Chandler had been severely punished.
MIR. Chandler Testfies.
Mr.. Chandler was then called as
witness. He testified that Foster ap-
peared at his Office, No. 1915 Market
street. on Wednesday morning and re-
quested a statement Of rentals from
; house on Thatcher street. for which
Foster says Chandler has been trustee
for him. Chandler refused to give
him the statement. saying, You are
represented This referred to Fosters
attorneys. Messrs. richards and Sat-
, terthwaite. According 10 Chandler.
\ Foster then declared that he would not
\ be cheated Chandler told him to leave
and threatened 20 eject him As he
walked to the door to open H. Chand-
= Ter says. Foster struck him in the left
temple and followed II with blow IN
the lip They clinched and Foster wal
pushed through the door. after which
according TO Chandler. Foster struc
him IN tho left eye. Chandler spu
, around and his head went through
ont glass partition. which cut his rigl
40 temple. A piece OF this glass was az
a.. mitted as evidence - Chandler says
-. then fell on a chair and F'oSspel'l'a
~, him from the kidney up 10 the
Of the neck In another clinch. II w
AirAIAAIAf ANNAtA rtN NAAoAAbirlH = Hrdu
mo chancery. and Chandler retaIiated 1
striking hHa n the chest and the ston
zen ach Chandler says Foster then force
as bis head tiiroguh another glass part
We tion cutting the top Of his head. Aftc
recovering himself Chandler says. h
b., struck desperately at Foster and knock
cd him back four feet He then. hl
ln says. grabbed Foster by the throat and
oi with eyes rolling Foster asked to be
~ permitted to leave.
ood-stained books and clothing be-
's longing TO Chandler were admitted al
e evidence.
ds on scross examination, Mr.. Eastburn
lw was hot permitted 10 inquire into
he Chambers relations with Foster as tc
the Thatcher street property. Chand'
H. Ter said he had refused to give Fos.
ha ter the statement requested ''becaus'
- the mater had been settled In his mint
an three years ago.
IT own the house" Chandler said.
He denied that he had attacked Eos
~ ter first with seal.
aiu "A man better keep a club I'm hi
'hy Office il he's going to have visitors lilS
Of that" Judge Cochran commented a
Irs. this point
cry Il do keep a club in the office. judg'
de- but didn't have chance TO use IL,
the said Chandler.
''Well. I'd keep one II anyone cam
not after me-" his honor added.
the David ]. Reinhardt. an attorney
1av testified to finding Chandler covere
M. with blood.
49, Foster on tho Stand.
a, Foster then gave his testimony. IA
was treated with marked discourtes,
~ by Chandler. ne said. when he asked
the for the statement. although he assured
ses Chandler that he had been sent by
Mr.. Richards his attorney. Chandler
directed that he leave, he said but
before he could do so. he says, the
attorney struck him in the breast
~ Chandler then got between Foster and
Il the door. according TO Foster, and
grabbing a seal. threatened to Kill him
J. Foster took the seal away, he testified
he and threw il across the room Will
rd STOPPING for his hat Chandler jumpei
*. on his back and tried to get at hi
In throat. Foster says.
nd Foster put Chandler on a sofa, h
,es testified. and again returned for HI
-. hat. Chandler clinched with hi
~ then, he says. and during the scramb
IN the glass partition was broken. r