The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-11-23
THE TAR PARTY
CASE WILL GO
TOJURY TODAY
JUDGES INSTRUCTIONS ARE
GENERALLY CONSIDERED FA-
VoRABLE TO THE DEFEND
ANTS WHO DID NOT PARTIcI-
PATE IN SWEARING TAR ON
NUDE FORM OF GIRL BUT KNEW
1T WAS TO BE DONE.
BY Associates PreSs.

Lincoln Center, Kansas, Nov. 22-
1t seemed probable tonight that the
tar party" case will go to the jury
tomorrow. Testimony was completed
shortly after noon today and a recess
taken while the judge prepared his in
structions. Prosecutor McCanless COM
pleted his address before adjournment.
Attorneys for the defense regard the
judges instructions as favorable TO
their clients, but Prosecutor McCan-
less said he was satisfied.
The instructions were that the de-
PENDANTS might be found guilty of aid
ing and abetting in the crime, even
thought they were not present, but the
mere fact that the defendants talked
with the assailants of Miss Chamber
lain regarding the contemplated attack
has not in itself sufficient ground on
which to base conviction.
Miss Chamberlain occupied a seat
near the jury box. The defendants,
A n. Simms, Sheriff. Clark and John
Schmidt, faced the jury. Schmidt and
Clark testified today, both corroborat-
ing the statement of Simms that the
three defendants never intended to be
parties to the 'tarring," but admitted
they made no attempt to reach the
scene of the crime. Schmidt recalled
having heard Simms warn the tarrers
against painting the school teacher.
Simm's testimony occupied but a
few minutes, during which time moth
ing new was brought out. and he was
excused to make way for John
Schmidt.
Schmidt said he was a farmer. thir-
ty-two years of age, and had lived in
this county all his life. Taking up
the events on the day of the ''tarring"
he said he met Chester Anderson near
Shady Bend during the afternoon and
i l. o. III Sc
mill that night as ''the boys" wanted
TO see him.
was anything said at that time
about tarring Miss Mary Chamber
lain?" asked Attorney Milliken.
NO, sir"
Schmidt said he went TO the mill and
there found a crowd consisting of
James Booze, Jay Fitzwater, Alfred
Lindermuth, Sheriff. Clark, A N.
Simms, Chester Anderson and Delbert
Kindelsparger.
The subject Of tarring Miss Cham
berlain was brought up.
Did any one say that should not
be done?" was asked.
Eyes. sir" replied Schmidt. Both
Mr.. Simms and myself warned the
boys against doing as they planned.
But they were not to be stopped"
said. but himself, Simms, Sheriff.
Clark and James Booze left for the
spot where the tarring was to be done,
going on motorcycles and in buggies.
The four set out on foot.
did you have any part in the
'tarring?'" was asked
mo, sir, 7 did not. We started to
the cross roads where the tarring was
to take place. but we did not reach
there in time to see It While we
were on our way Ed. and Mary passed
us on their way back home Then
some Of the members OF the party
came by. They told US they had tarred
Mary"
Prosecutor McCanless began the
cross-examination. The question of
the surrender of Ed Ricord by his
bondsmen, of whom Schmidt was one,
was taken up.
''Did not you give hi mup because
he had told on the crowd?" asked the
prosecutor.
"No, sir" was the answer
I'VE were afraid he would leave"
After the defense rested it's case, the
state recalled Everett Clark. The
story of events that led up to the
tarring OF Miss Chamberlain contained
no feature not included in other testi-
mony. Clark was taken for cross-ex-
animation by the prosecution.