The weekly tribune and the Cape County herald. (Cape Girardeau, Mo.) 1914-1918, 1916-12-21
Jury Finds That nat Floggipg at
Phone Meeting Was Also
Werth Courts Cost :getli
LANE MAKES A HIT ;,
IN HARVEST SCENE
Spectators Gisgle at Senator as
He Does Pantsmine
For JHry.

costs were last night assessed against
Charles Weiss in the damage suit filed
by Charles Loves. The verdict was
brought in shortly before 9 o'clock
last night, the jury having retired
at about 4:30 in the afternoon. Loves
had asked $500 damages for the as
sault Weiss made on him last March,
at meeting for a rural telephone
company, Of which both men were
stockholders. The trial consumed three
days during which time go witnesses
were heard.
Weiss was defended BY Judge Ed
ward D. Hays and Senator Lane, while
Attorney A. NJ. Spreading and Arthur
Hines represented the plaintiff. The
hearing Of the testimony was frequent
~ interrupted BY the laughter Of
spectators who thronged the court
room throughout the trial.
The hearing of the testimony es-
tablished the fact that the plaintiff and
the defendant together with a number
Of aeighboring farmers attended a
telephone meeting at the Clover Hill
Public School, north of Cape Girar-
deau. An argument arose between
Weiss and Loves, because the former
wanted his son to have the use of the
telephone for far cheaper rate tina,
WAS asked Of the other subscribers
An argument was precipitated and tn
istic encounter followed. Loves claim
ed he was knocked down by the de.
PENDANT and injured in such way thai
he never would regain complete use
Of his left arm.
Senator Lane pried q nenthusisstic
| giggle out Of the spectators when he
attempted to refute the testimony that
| Loves arm had been disabled b
introducing farm scene in court.
had been shown by the evidence tina
loves appeared in the harvest fig
and pitched hay three months afte-
the attack.
Senator Lanes contention was {
no cripple could pitch hay, because, .
a boy, he had "been there" so t.
speak. To make his point clear to tn
Jury, the attorney gave an exhibitio~
Of handling alfalfa with a pitchfork
Ed Taylor, a former employee
Loves, testified that he had seen HI
employer pitch hay. Senator Ian
seized this opportunity to prove to tn
court that cripple couldn't perforr
with fork Borrowing City Attorney
Whitelsw's cane, Mr.. Lane presented
it to the witness and asked him t.
show tho jury how to toss hay. at i
necessary to raise your left hand high
er than the right, which throws
heavy strain on the left srrn." said tn
sttorney.
When he endeavored to explain this
point TO the jury, he discovered thai
the witness was "seuthpaw." "Al
right" said the Senator, an show
you myself" He took hold of tho
cane like a person familiar with con
ditions out in the kinfolk's hinter-
lands.
He pitched the hay in pantomime.
and the crowd laughed aloud as the
jury gazed at the demonstration ir
wonderrnent. He attempted to shov-
that it would have been impossible
for Loves to have pitched hay had hi
arm been iueapacitated.
All the witnesses examined yester-
day were merely heard to get eleArer
view Of the fight They practically
agreed that the plaintiff had bee'
knocked down by Weiss and hit several
times after he was on the floor.
The hearing of the testimony ais
brought forth frequent objections BY
the counsel of either side. During
these frequent wrsnsies the jurors
WOULD Wink dDOht 6uS1 Idlk tVS S1lcii
friends. ,s..t. -. -.T3s,s
Judge Hays and Senator Lane, in
making their fnal,arsuments TO the
jury, admitted the defendant had
struck the plaintiff, but argued that
there vas no malice in the action. He
acted on the spur Of the moment, they
said. "The defendant had seen the
plaintiff make move toward his
pants pocket, as thought he was max
ing an attempt to draw something,
whereupon he struck the plaintiff"
said Hays. He also dwelt upon the
statement of the defendant and several
witnesses that the plaintiff used his
feet in kicking of Weiss, whereupcr
he became aggressive.
Atbprues zines piesurd The rsG-
ciodsness expressed by the defendant