The daily Gate City and constitution-Democrat. (Keokuk, Iowa) 1916-1922, 1918-11-15
.,,,. Acquitted Of Assault and Bat
terry on Ground He Had SUI
fieient ProvocatIon to
Whip shappaeh.
TRIAL IS NOT EXCITING
= developed That There Has Been
Bad Blood Between Two Men
for Long Time, and
Neighbors vexed.


Fred Mills was discharged at the
md of his trial for assault and bat
,ery on w. J. Shappach, On the
round of having sufficient provoca-
ion to whip the milkman, The court
raid:
shows a bad feeling between these
Two men, and it does not become a
.o1rt to punish a man for defending
he flag. The evidence is so strong
In behalf of Mr.. Mills that he is dis
charged
The audience that filled the JUS
lice shop Of Squire Hawkes. found the
trial not nearly rs interesting as the
advance tips had indicated. Few
words passed between the two men
iust before the fight, and the worst
that was proved against Shappach
was that he did not fly flag at his
home until the armistice was signed
1t developed that Mills is former
soldier in the coast artillery with an
honorable discharge and feels keenly
the lack of any display of the flag
at the Shappach home.
When He Put Out Flag.
Shappach on the stand told how it
happened as he saw 1t. He said
Mills first said:
"You won't fly the flag, will your"
Certainly, I'll fly it," Shappach
yaid he replied.
One word led to another, and Mills
called Shappach pro-German, and
shappach retorted that he was bet
ter American than Mills, he testified.
The beginning was a grudge of
year and half standing, beginning
about the war when Mills worked
Tor Shappach, the latter said.
Shappach displayed blue shirt,
dirty and bloody, which he wore the
day of the fight which he described
in detail of bites and punches. The
cross examination began
How long have you been flying
the fag?"
Since peace" Shappach replied.
Il rejoiced that they were whipped
and few the flag. | never had a flas
until peace and ! didn't know you
had TO fly flag"
He admitted his falling out with
Mills was coincident with America
entering the War.
Mills Proud to Admit It,
Mills himself told how men had
suggested to him to ask Shappach
why he never put out a flag.
"Haint got sem on my horses and
| got 'em on my house, too" Mills
said Shappach replied to him and
that Shappach continued:
THE war amt over yet; we have
to whip the allies yet; the religious
orders here are going to fight, too"
Then the two men called each
other liars and recriminations passed
until Mills started to take Shappach
out of the wagon. Mills said he hit
Shappach several times.
George Markley, the first witness,
described how Mills jumped on Shap-
pach's milk wagon in South Fourth
street and at once Shappach was on
the ground with Mills on top of him
and the horses were backing around.
Mills was striking Shappach and the
latter was trying to hit back. Frakes
separated the two men, and a crowd
OF about fifty men had gathered
Feeling Of the Neighbors.
Charles Peters testified he never
saw flag at Shappach's home. until
last Monday. Shappach refused to
buy Liberty bonds at first and to
subscribe to the Red Cross.
John Wyatt, another neighbor, said
Shapapch has not been flying flag
ana refused to buy Liberty bonds or
subscribe to the Red Cross until he
mad been up twice on the carpet for
alsioyalty before the council of de-
Tense.
County Attorney McManus said
mere has been no open season de-
cared on Germans, but if the court
thought Mills had sufficient provoca-
uon to assault Shappach the state
would be content. The best method