The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1915-01-16
Civil Suit For Small Amount
Leads Up to Personal Encoun-
ters Between Eurekans

against Thomas Dixon for $500 for
professional services was the basis of
a matter that led up to two personal
encounters in Eureka this week be-
tween the Doctor and N. P. Morgan,
attorney for the defendant in this
suit.
Monday morning Justice of the
Peace L. w. Cromer rendered a
of the plaintiff. DR.. Wittke. for $118.-
judgment in the above suit in favor
so. each side to pay their own costs.
with the exception that the cost of
publishing the summons was as
sessed against the defendant, Dixon.
Tuesday morning the Doctor and
Attorney Morgan called at the SENTI-
MEL office to settle a point of law re-
garding the order for the publication
of the summons, and in the discussion
of the matter both gentlemen became
rather personal in their remarks.
The lie was finally passed and then
they went at it. There was a full
three minute round before they were
separated, but with the exception of
the Doctor showing a slightly cut lip.
the honors were about even. and
both gentlemen we're finally persuad-
| ed to call the matter off.
On Thursday Attorney Morgan
swore out a warrant before Justice
| Cromer for the arrest of DIR. Wittke
on a charge of mayhem, and Doctor
| Wittke was arrested by Sheriff
James Mackey.
When the hearing of this matter
rame up in the Justice Court that
afternoon, Mr.. Morgan stated to the
Court that about 10 o'clock that
morning Doctor Wittke came into
his office and handed him a typewrit-
ten paper, which the Doctor asked
him to read. He proceeded to do
so, and while reading the paper Mr..
| Morgan stated that DR.. Wittke
struck him in the face with some in
| strument that made a cut or cash of
about a quarter of an inch just be-
low his left eye. He said the Doctor
then proceeded to make a hasty exit
from his office, but had not closed
the door before he had gathered a
heavy ink we'll on his desk and hurled
it at the Doctor. He stated that a
moment later the Doctor re-opened
the door and hurled the ink well
back at him, just missing his head.
and then left the building.
Mr.. Morgan called Doctor Roberts
as a witness to prove the nature of
the wound inflicted.
The defendant and plaintiff both
| conducted their own cases, and after
considerable legal sparring, Doctor
Wittke took the stand and made his
statement regarding the affair,
which was a direct contradiction of
Mr.. Morgan's statement as to what
had occurred.
The Doctor said he called at MI.
Morgan's office and presented and
asked him to read a paper connected
with the suit above mentioned, and
that while pretending to read this
paper Mr.. Morgan suddenly turned
and struck him in the face with his
fist; that Morgan then commenced
gathering the mucilage bottle and
sundry other heavy missiles upon his
desk. and hurting them at him, and
that in self defense he tried to pro-
tect himself. He exhibited to the
Court a lead pencil he was carrying
in his hand at the time and said that
might haye caused the injury to Mr..
Morgan. but he had no recollection
of striking him with it.
At the conclusion of DR.. Wittke's
statement Judge Cromer adjourned
the ease over until Friday.
When Judge Cromer called up the
case again Friday afternoon. Attor-
ney Charles De Flon appeared as
counsel for DR.. Wittke and request
ed the Court to order that the
further hearing of this case be
proceeded with behind closed doors
to the public. AS the law provides
that the hearing of felony cases shall
be so conducted upon the request of
either plaintiff o. defendant, Judge
Cromer ordered the courtroom
cleared of all but the directly inter
ested parties and the case proceeded.