Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-11-25
FOUR OTHERS GET YEAR EACH
Judge Passes Sentence on Mea Who
Confessed to Charge.
VERDICT CONES AS SURPRISE
Girl Leaves Town, Thinking COnvic-
tiOn Improbable,
JUROR TELLS OF DISCUSSION
Acquittal of simms Due to Fact that
Only UncOrrObOrated Testimony
of Anderson Was Given
Against Him.

LINCOLN CENTER, Kan, Nov. "a
Two defendants in the tar party case,
John Schmidt and Sheriff. Clark, late to-
day were found guilty OF assault and
battery by a jury in Judge Growers
court A. ~ simms, the third defendant.
was acquitted. Sentence on the two men
was deferred to permit attorneys to argue
motion for a new trial.
Earlier in the day sentences OF one year
each in the county Jail, the extreme pen
atty in Kansas for the offense charged,
was passed on Everett G. Clark. jay Fitz-
water. Watson Scranton and Edward
Rlcord, confessed assailants of Mary
Chamberlain These defendants were ac-
cused of the same crime as the other
men.
In addition to the sentences the, court
ruled that the men must pay the costs
OF the prosecution. An effort was made
by attorneys for Fitzwater and Clark to
have the court entertain a motion to
grant an appeal TO the supreme court
on the ground that the sentence was ex-
cessive. This motion was not passed on
today.
Ricord already was in jail, having been
surrendered by tig bondsmen seventy
seven days ago. The court told the. three
other men they might have short time
in which to straighten up their business
affairs. iFtzwater says he viii lgo to Jail
next week. Clarks business interests
may make it necessary for him to be
free for a month or more.
Scranton said he would be ready for
jail In few hours and he would not
appeal his case.
Both the convicted and sentenced men
took their fates calmly.
Few Spectators in Court.
Only a few spectators We're in the court
at any time today. This was due to the
dual reason that It was not generally
known the convicted men were 10 be SEN
fenced. and also, because the jury was
sSSeOuea 90 De dunS Rvher tie .sSrs
failed to bring In q verdict as midnight
practically every one had decided the
deliberators were in a hopeless tangle Of
arguments from which they could not
emerge,
Just before the noon hour the sleepless
jurors sent word they wanted to see the
Judge. Led by Myron Green, the Jury
filed into the court room. "Uncle Myron,"
as he is called, advanced to the judges
bench. raised his left hand. thumb ex-
tended upward. by way OF salutation, a
custom Of twenty-five years with him in
the court Of Lincoln county, and then re-
tired. Everybody settled down to hear
the verdict
your honor" announced the foreman,
I'VE wish TO hear certain parts of the
testimony Mr. simms read again"
Hopes fell rapidly with that statement.
| It was generally whispered among the
attorneys that Simms had made the worst
showing Of any OF the witnesses. So, de-
cided the lawyers, II they were tied up
on his case, 1t was to be a long-drawn-out
fight.
The testimony heard. Judge Grover sent
for the four men who had confessed and
! sentenced them, preparatory to putting
the court in order for adjournment The
punishments were soon announced.
Juryman Talks of Case.
o. p. Sanders. one of the jurymen, to-
night told how the jurors arrived at the
verdict.
There was so much testimony TO con-
sider," he said, that It took US long
time to go over the ground"
Not single ballot was taken until
after noon today when the jury had been
out more than twenty-four hours.
I'VE septn less time on the case o.
Sheriff. Clark, perhaps, than any other,
although II was gone into in detail.
Then we spent much time on the case
OF John Schmidt The principal thing
that caused his conviction was his act
in shouting to a neighbor TO come along
with the crowd that was going out TO
see the tarring. That made appear that
he was taking an unusual interest In the
episode.
"The acquittal OF Sims does not seem
so peculiar when Il Is considered that
only the uncorroborated testimony OF
Chester Anderson was given against him.
The court instructed us that a convlc-
ton should not be based upon such testi-
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