Abilene weekly reflector., 1922-09-21
ASKS DAMAury.
CASE OF BRADLEY VS.. CITY OF
HERIN0TON ON TRIAL
Scriven Says Military Court Had
No Jurisdiction Over Him
Hearing Tonight

The entire session Of district cour
today has been occupied by tn,
case Of William L. Bradley, colored
against the City of Herington fol
100000 damages. Bradley alleges
that the city is liable for the dam,
ages for injury which he received
one night last July when Ave men
kidnapped him on the streets Of that
city, took him out into the country
and beat him, leaving him At the side
OF the road unconscious. He claims
that he was finally able to call for
help and that his injuries were found
to be internal, and of a serious ma
ture. He was employed as porter by
the Rock Island and when the shop
men walked out he did some work
about the shops.
There was a large number of wit
nesses here for the trial including
several Abilene physicians who testi-
fed as to their opinion of the extent
of Bradley's injuries.
There will be session of court
this evening for the purpose of
hearing the petition of Ernest Scriv-
en- of Herington for writ of ha-
beas corpus. He was tried before
court martial in Herington and found
guilty of beating and disturbing the
peace of Harry Metzger and others
on August %, and sentenced to 80
days in the county Jail on one count
and 60 days on another. The com
mitment to Jail was signed by an Of
he has served a portion of the sen
tence. He charges in his application
that he violated no article of war but
the statutes of the State Of Kansas,
that he is a citizen of the city of
Herington and therefore the military
court had no jurisdiction over him.
The case will be heard before Judge
C. M. Clark of the district court. Col.
Browne and Capt. Hennessy Of the
National Guard unit station at Her
ingtOn are here for the trial. Scriv-
en- is employed as a brakeman on the
Rock Island.
The jury in the case Of w. l..
Bradley VS.. the City of Herington 1or
$4,000 damages for which Bradley
claims the city is liable under the
statute protecting citizens from mob
law, went out at IL o'clock and was
still out at o'clock. The court was
adjourned by Judge G. M. Clark un-
til Tuesday, September 10 and p.
H. Royer appointed to hear the ver-
dict Of the jury in the Bradley case.
The applications of Ernest Scriv-
ell for writ of habeas corpus which
was heard Friday night was taken
under advisement.
William Bradley, colored porter of
the Rock Island at Herington, was
given verdict of $4,000 damages
against the city of Herington by the
district court jury which turned in
its verdict to Acting Judge Paul II.
Roger. Bradley sued for $4,000
lamag ges under the mob law of the
state which makes city responsible |
for the action of IA number of per-
sons gathered as a mob. In this |
case Bradley, who had remained in
The railroads service when the |
strike was called, claimed that six |
men, some of them strikers, seized !
lin ON the street, placed him in IA
motor car, beat him up and left him
,eside road northeast Of town with
warning never to return. He did
eturn and five citizens are under
'ond for trial on charge of assault
The case was one Of the hard
ought trials of the court term.
'radley's attorneys, Crawford &
had some difficulty in Sc
uring evidence of what took place
n the street of Herington. Nobody
4 Herington seemed to have heard
r seen anything. But farmer and
is wife, living several miles south
the town, were just starting home
'hen the fracas occurred. They saw
le group of men surround Bradley,
Ihom they recognized, and heard I
is cries for help to which nobody t
ssponded. They did not see the end
the affair but their evidence was \
nportant in corroborating that Of
lie plaintiff.
1t Is probable that the case will
. appealed to the supreme court but
lat tribunal has generally upheld
le statute ON mob action in prev
us cases.
This is the second expensive case " :,
II HeringtOn in a week. Little
nna Kaufman received an award g
$4,000 last week for damages -
ON the Herington electric light y
iring.
cl