Show THE WORTHY ASSAULT SCANLAN TH DEAF MUTE GIVEN TWENTYFIVE DAYS Victim of the Assault is Still in the Hospital and Said to Be in a Dangerous Dan-gerous Condition Burt Scanlan the deaf mute will have to stay in jail during the next 25 days at least for his assault upon old Edward Murthy last Saturday night The case was on trial before Judge Wenger yesterday afternoon and resulted In Scanlans conviction Edward Murthy is still at St Marys hospital and In a very precarious condition con-dition The attending physicians say that his case is a very critical one and there are some doubts about his recovery recov-ery In view of this fact the hearing was held without his presence In court The testimony adduced showed that the fracas occurred In front of Lyng I bergs fruit store 26 East First South I Scanlan was walking toward Main street when Murthy walked up behind be-hind him and lifted his cane in a threatening manner Scanlan thinking Mur hy was going to strike wheeled around and dealt the old man a blow in the face that sent him sprawling on the sidewalk Murthy was under the Influence of liquor at the time in fact he had been on a spree for many days The shock sustained In the fall rendered ren-dered him unconscious and it was largely on account of his condition that I his case became s complicated as to doubtful make his recovery doubtul Toe only witness for the defense aside from the defendant himself was an employee of Lyngbergs store whose story did not differ from that told by the prosecution I Burt Scanlan was then sworn and Prosecutor Sharp asked him to write a statement of the affair which he did in the following words While walking west on First South at corner of Commercial I was struck on the head with a cane I turned and struck the man and then walked on I When I had walked half a block I stopped The same man came along I raised his cane to strike me again I when Jstruck him an was arrested I I do not knowwhat11 wasstruck for j When Scanlan had submitted the above l statement ClerkShoup began to crossquestl6n him anfft116 following question and answers passed between him and the deaf mute How long a time between the first and second blow I Eight or ten minutes Is I not so that when last you struck the old man he simply raised his stick slck I had reason to think he meant to strike me after doing it before When did you first see him I When he had hit me at First South I and Commercial streets himNot Did you ever have any trouble with I Not till he hit me first never saw him before handClosed Did you strike him with your bare I Closed hand Where did you strike him I do not know for sure Around the I face somewhere Judge Wenger thought there was no doubt about the assault being uncalled I for and sentenced Scanlan to pay a j I tine of 25 As he has no money heI will spend a day In jail for every dollar I dol-lar In fine I |