The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-11-23

:
tain they will be released. Following
the close of Attorney McCurdy's adj
dress last night, A. n. Simms. one of
the defendants embraced the attorney
the outlook.
What Sentence for Leaders?
Now that the cases of the three de-
PENDANTS. Sheriff. Clark, A. N. Simms
and John Schmidt, are virtually end
ed. speculation is rife regarding what
sentences will be passed on Everett G.
Clark, Jay F'itzwater and Watson
Scranton. who pleaded guilty to as
sault and battery in connection with
the tarring on November 16. SEN
tence was deferred on them until after
the present trial This term of court
| ends here Monday, so the men must
be sentenced before that time. The
general opinion is that worse punish
ment than fines Will be inflicted upon
them.
All the convicted men are taking a
philosophical view of the situation.
They talk cheerfully and occasionally
! joke about it. While passing the jail
last night, a friend remarked to Ever
EFT Clark:
Clarke Jokes of Jail.
''Well. how does the building look? ?"
"Oh, not so bad" he replied. 1T
have not looked it over, but suppose
they may fix it up a little later on
Among most of the accused men
good feeling prevails, although some
of them have been forced to testify
against one another. On the jury's
verdict in the case of the first three
men to be tried on charge of COM
plicity in the tar party Is expected
to hinge the fate of the defendants in
a case probably the most sensational
ever tried in Kansas.
History of the Case.
The victim was Miss Mary Chamber
lain, Beverly, Kan, school teacher.
aged &c years, who worked IN a Shady
Bend. Kan, general store during the
summer months She was attacked on
Edward Ricord. Beverly barber,
who decoyed Miss Chamberlain to the
scene of the tarring was the first man
arrested. He was sentenced from a
Justice court to twelve months in JAIL
and appealed the case. On November
Is he pleaded guilty before Circuit
Judge Dallas Glover. Sentence was
deferred.
Everett G. Clark. president of q
Shady Bend Milling company and
wealth, accused of being the leader of
the party; jay Fitzwater, a. miller of
Shady Bend, and Watson Scranton,
one of Clark's employees, pleaded
guilty to assault before Judge Glover
on November 16. Sentence, which may
amount to $500 fine and one year in
jail, was postponed.
Immediately following the pleas of
guilty Sheriff. Clark, a brother OF the
alleged ring leader; A. N. Sfmms, for
and John Schmidt, farmer of near
Shady Bend, were placed on trial be-
fore Judge Grover.
Awaiting trial on appeal from a JUS
Chester Anderson and Delbert Kindel-
sparger, laborers, of Beverly.
Harry Armstrong, Fenton Hall, Alta
Lindermuth, Benjamin Painter and
saw the EARRING from behind a
hedge, and were fined 81 each in order
that they might be used as with esses
in the case.
He BIames the Boys.
Attorney McCurdy conferred his at
tack on the testimony of Chester
Anderson, the states chief witness,
who testified that he was approached
by Simms and Clark regarding par
ticipating in the assault. Anderson,
his testimony to shift the blame on
the defendants and thus put his case, |
which will come up later in the cir
cult court on appeal, in a better light. |
General denial that it was the inten- |
ton of the defendants to aid in the |
"tarring' was also made by the |
speaker.
Every move of the men on the night |
of the assault indicated they were not !
unduly interested, he said. Even after !
the crowd that committed the crime had !
left the MILL he continued the defend !
ants lOitered around Shady Bend and !
did not rush to the scene. as they would |
have done had they wanted to be active |
participates. TIE speaker also paid |
his respects to the newspapers by ac- |
cusing them of injuring the community |
by carrying stories regarding the crime.
Calls Newspaper Reports "Crazy."
you must not he led by the crazy |
reports of newspapers which know |
nothing about the case" he said.
Attorney Milliken followed Attorney |
McCurdy. He charged that James |
Booze was arrested in the hope that |
for which the defense h1d summoned /
him. and thus deprive the defendants |
of the assistance of h & story.
The state, he said, had 'grasped at |
straws'' in getting testimony for the |
At the close of this address, court |
was adjourned until today.
The Courts Instructions.
Attorneys for the defense regard the |
judges instructions as highly favor
Canles says he is satisfied with them,
however. The instructions were that
the defendants might be found guilty |
Of aiding and abettiEg in the crime I
even though they were not present If
it could be proven they said, that the
attack was a direct result of counsel or
advice given by the defendants, then
they should be found guilty. But fur
Their, the mere fact that the defendants
had talked with the ASSISTANTS of Miss
regarding the cOntempla-
ted assault. was not, in itself. sufficient
ground upon which to base a conviction.
This, however, might be taken into con-
in making up the verdict, the
court instructed. The fact that the men
were seen walking toward the "tarring"
was ordered considered likewise.
Miss Cham berlain occupied seat near
the Jury box where she had a full view
of all the jurors. Her mother was with
her. The three defendants. A. N.
Simms, Sheriff. Clark and John Schmidt
faced the jury. Simms' wife sat by his
side