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Transit A/omjmnv'a Claim Adopt I n usual Method FightingAgentsofSENTENCED TO PENITENTIARY,^Ueriff IMckiuamn Kef uses Retjuest to Hurrv Prisoner toJefferson riry So He Would Lose Civil Rights.JAP8 REPULSECFOLLOWINRUSSIjTwo claim ajfiils for the Transit Com* pany made a determiner! effort Inst nightto pctwutid*- Sh*r|ff Die It m a mi to ' railroad'* Frank J St-petowski, convicted of nssaiM with Intent to kill, tlt;» the Penitentiary at J* ff* fson Hty, i* they could prove hr wHP a convict, thereby disqualifying him from maintaining a civil sulL They were prompted to do this because fi pet w*iki is plaintiff In an action ngutn tthe Transit Company for *J9 damage*. Sin riff bickm tnn refused to Kraut their request. yH^petowskl ts under sentence for two year* for assault with intent t« kid hiswife. «i:ri is in jail awaiTng commitmentto the Penitentiary. The law requires th.it prisoners be pent to Jefferson City twice n month- Sepetowsfcl will be taken there Fhturday.Meantime, his suit against the Transit Company Is pending in Judge Sale hi division of the uncult Court. The attorney for the Transit Company argue* that since8 ope low ski itus been convicted and sen* fenced, he has lost his civil rights and cannot mnintatn the action, To get proof of this the claim agents tried to induce Sheriff Dlekmann to take ik-petnw-*k| to Jefferson City last night, so the company's attorney could present proof of his com* mltment this morning, when it was thought the case w'ouid be dismissed by Judge Sale.When Sheriff Dlckmrtnn returned to hi? home at No, 1321 St. Ange avenue yesterday afternoon he was called to the telephone. A man who raid he was a claim agent for the Transit Company, but did not give his name, asked the Sheriff if he would not taka Sepetowskl to the Penitentiary at once, saying all the necessary arrangements had been made. Sheriff Pirkmann replied that prisoners are transferred toJefferson City twice a month, a* requiredby law. and that Sepetowsk! would hetaken Saturday with twenty-live others. Besides. he said Sepetowokl must he examined by Doctor Henry J. Scherck to show that he w*i in fit physical conditio.DOCUMENTS WRB READY.At 6 o’clock the telephone rang again. The voice said that Scrpetowakl had been examined, a* required, and that the document certifying that he was in fit condition was ready.Inquiry proved that Doctor Scherck. who Is the only person suthorired to make or have examinations made, had not been requested to examine ESepetowakl. and that he would nut have done m except on an order from the court.The commitment papers were In the Sheriff'a office and Mr. Dlekmann telephoned to have them Rent to his home. At 6:39 o’clock a carriage stopped In front of hla house and three men alighted. The mold said the Sheriff was not at home. The men said they would call again, and went to Adam Unck’s saloon, at Eleventh street nnd Park avenue, where they met Joseph Schilling, chief of the service department at the Four Courts, Schilling went to the Sheriff* house and told himN RFSRIIFhWhfrh has frihdrniiugin all I In* hatuUcmju in iMtilithat the men had camped in the mi-loon.After making several si tempts to *n-vSheriff Dlekmann Ihe men returned to Up-saloon nnc! diemliwil their tab. trying they guessed they'd have to give tt upfor to-night.*'Sepetovr*tki pleaded guilty to the charge of assaulting hi* wife with inn nt to kill on February 19. He w as sentence i! to twoyears iff ihe Penitentiary, or one year in the Workhouwv He rhose rh - two-ye »rsentence. After her recovery Mrs. Sepe-towfkl filed *suIt for divorce, based n theshooting. She ptcur*d a d'crce, with thecustody of the child, and J3fi a month alimony. In Judge Fisher's court Tuesday.SUIT IS BROUGHT Meanwhile Scpetowskl brought smlt against the Transit Company rnr 1800 damages. A car struck and wrecked a grocery wagon he druvc at Thirteenth and Wash si recto, October 4. UWi. The case w'ent to trial In Judge Sal*’* division of the Circuit Court yesterday. Depetowrkl was to have twen tak-n tothe Penitentiary lust Saturday, but b*was kept here on tin • rtU r of the court, because a per son serving a t-rni in the Penitentiary is deprived of civil rights J. Hugo Grimm. sepetwrafei's attorney, an- jplied to Judge Sole butt Ttmrrd iv for an nriicr for the production of hi* . Horn Incourt Sopot owokl was brought to * urt yesterday.Mrs. Sopotowskl was Ibeie with her for: nnd a cousin. She got permission rr*m Deputy Dawson to speak to her farm*,r husband, and they went into the corridor. They embraced, wept and talked affectionately to each other In their native tongue.The attorney for the Transit Company argued that as Sepctowsk! h rd been convicted of a felony and sentenced to thePenitentiary he wa» shorn of his lt;Ivil rights and could not milntan the suit. Mr, Grimm maid the law pleaded «i:. enacted Jn 1S83. hut that a statute of 1895 provided that a convicted person was a competent witness unless Imprisoned In the Penitentiary. jJudge Sale said he did not know pope-toweki hud been sentenced when he issued the order and regretted hi* action. Judge I Sale, after locking up the law. decided to allow the rose to proceed.Bepetoi^ki was then called to thlt;* stand to testify. The trial of the suit against the Transit Company will be resumed this morning.
Newspaper Details
St Louis Republic
St Louis, Missouri, US
Thu, Feb 25, 1904
Page 1
Full Page
Clipped by
Michael R.
OR, USA 07 Oct 2020
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