Ivor Brown was bound over to the district court on March 24, 1922, on the charge of assault with intent to kill, on the body of Ben King. His bond was fixed at $5,000. Emma Eastwood was bound over on the same charge on a $3,000 bond. Faye Lowe was released from the charge but was held as a witness.

Ivor Brown was bound over to the district court on March 24, 1922, on the charge of assault with intent to kill, on the body of Ben King. His bond was fixed at $5,000. Emma Eastwood was bound over on the same charge on a $3,000 bond. Faye Lowe was released from the charge but was held as a witness.

The trio was charged with assaulting King on the night of March 4, when the patrolman attempted to arrest them on charges of being drunk. King was the first witness on the stand for the state. Appearing very weak and showing the effect of his injuries, he told in a straightforward way of the attempted arrest and the events following it.

“I was at the Cozy Café on west Main Street, when I saw it was time to check in with the station. I went to the phone and called the desk sergeant and then went back to the water cooler to get me a drink,” King said. “On my way back, I noticed a couple sitting at the table and by their conversation, thought that they were drunk.

“While I was at the water cooler, the two started out of the café. I saw that they were intoxicated but thought probably that they were going home. They went to the front of the restaurant and got into a Ford sedan. I saw them start east on Main Street and I followed them.

“When I reached Broadway and Main, I saw that they were having trouble with their parking. As I neared the Brown Clothing Store, I saw that the car was setting at an angle of almost 45 degrees with the back wheels touching the curb and the front out four or five feet.

“I started over toward the car. When I reached it, and opened the door, I saw an empty bottle laying between the seats. I picked it up and while I was examining the bottle, Ivor Brown, who was driving the sedan, reached for a pocket in the door. I called to him to holdup his hands and he did. When I saw that he was attempting to take another bottle from the pocket, I allowed him to get it.

“He threw the bottle from the pocket into the street, but it hit on the snow and did not break. I asked someone to get the bottle and told the trio that they must go to the station with me. Tom Collin picked up the bottle and I asked him to give it to me. He said that he had it and would bring it to the station.

“Brown was starting the car and I got into it. My left foot was on the running board and my right knee rested on the floor of the car. Brown shot the gas to the sedan and speeded down the street. When we reached Bell Street, we must have been going 15 miles an hour, and Brown did not stop. I told him to go to the station, but he did not reply.

“I noticed then that he was looking at me, and seeing that he did not intend to turn on Union Street, I pulled my revolver and again was about to order him to drive to the station, when he grabbed my gun and we started scuffling. I got the gun away from him in a few seconds, however, and put it in my pocket.

“The big woman who was sitting in the front seat with Brown was aiding him in steering the car. The little girl in the back seat asked Brown to stop the car. I cannot identify either of the women as I was paying all my attention to Brown.

“I reached down to turn off the switch of the car and I remember nothing else. I was conscious the next Wednesday and have been conscious since.”

On cross examination, King told counsel for the defense that he usually carried his “billy” on his right hand, but that he probably changed it when he got into the car.

L.C. Jenkins was the next witness for the state. He told of seeing King at the Willard Hotel about 12:25 and described his appearance. He told of the patrolman’s mutterings and said that he seemed to be badly hurt. The police were then called, he said.

Night Chief Bill Passons was next called. He told further of King’s condition after the crime or accident and related further calls that had come to the police station in the night.

Chief of Police Ira Sims was called and testified that Ivor Brown had told him that Emma Eastwood and Fay Lowe were in the car with him when King was at the Cozy Café. King had sworn on the stand previously that no one entered the car from the time that he entered, as he remembered.

Dr. J.H. Scott was the last witness for the state. Dr. Scott told of the wounds received by King. He said that the head wound which was on top of his head “to the right,” was caused by being struck by a smooth instrument of some sort, and that it was a downward straight blow. There was also a large bruise on King’s right hip and another on his right elbow. On cross examination, Dr. Scott said that the head wound might have been caused by King’s falling from the car and striking the pavement.

After Dr. Scott’s testimony, the state rested its case. The defense then asked for a noon recess and the case was re-opened at 1:30.

On reconvening, Judge William N. Maben, counsel for Brown and Eastwood, moved that the case be dismissed against his two clients, claiming that no proof had been submitted to the court that a crime had been committed and that no motive had been shown for the two defendants committing such a crime.

He gave as his opinion that King was standing on the running board of the car, and that when the sedan began to zig-zag, he fell off, striking on his head and then falling on his hip and elbow.

Questions asked the witnesses seemed to point that the defense attempted to show at the trial that the running board of the car was muddy and when the policeman attempted to turn off the switch of the car, his foot slipped and he fell.

Clyde Pitman, who with his brother Randall Pitman, was representing Lowe, stated that he believed that the evidence had shown that his client was in no way connected with the crime and that he would move that she be dismissed.

In answering the defense counsel, County Attorney Claude Hendon, who was leading the state’s case, stated that it had been clearly shown that a crime was committed, and that Brown and the Eastwood woman were the only ones who could have committed the crime. He asked that they be held to the district court and Lowe be dismissed from the charge but be held as a material witness.

He further contended that if the testimony was as the defense claimed, that King fell, then Brown and Eastwood were responsible. They committed a misdemeanor by resisting an officer. In that resistance, they caused King to fall. They were then as guilty as if they were in exact commission of the crime. The attorney specified, however, that he did not believe that such could possibly be the case, as King could not have fallen and struck his head and hip at the same time.

Attorney Maben asked that the bonds of the defendants be reduced, saying that it was out of the question for his clients to be held on bonds of $5,000, since the evidence submitted did not justify such a large sum. He stated that Eastwood could not give that much bond, and she had two children who needed her at home.

County Attorney Hendon replied that if King should never recover from the wound received, that the two would be held for murder and that as the case now stands, they were subject to punishment in the penitentiary for a term of 10 years.

Justice Moore held Brown under the same $5,000 bond and placed Eastwood under $3,000.

 (These stories and hundreds more appear in the first volume of Shawnee history, entitled: “REDBUD CITY: SHAWNEE, THE EARLY YEARS, 1830-1929.” It can be purchased by calling Clyde Wooldridge at (918) 470-3728, or by visiting the Pottawatomie County Historical Society at the old Santa Fe Depot. It can be purchased for $35. Volume two, “1930-1949,” is also available for $30. They may be obtained as a package for $60. Volume three, “REDBUD CITY: SHAWNEE, THE MIDDLE YEARS, 1950-1969,” is coming sometime before Christmas. All three volumes are slightly over 400 pages with hundreds of photos and illustrations. They are fully indexed, making it easy to look up individuals or places of business. Volume four 1970-1989; volume five 1990-2009; and volume six 2010-to the present, are scheduled in the next two to three years, bringing the history up to the current time of publication.)

Clyde Wooldridge is a local historian.