The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1869-06-18

4 Texas CATTLE SUIT.-In the Cir
cult Court, on Thursday morning last.
was commenced the suit of Laureston
Walker against VIM. Noble Davis to re-
cover for the loss of cattle by plaintiff
from disease said to have been con-
yeyed by Texas cattle belonging to Maj.
Davis. This suit was commenced last
fall, and is one of great moment to Day-
is, as there were several parties who lost
cattle in the same manner who will
probably claim damages If the plaintiff
in this suit is successful. There is an
array of talent employed on both sides.
For Walker are Judge Parks and Z. j.
MetZner of Aurora, and a. T. smith of
! Oswego. For Davis are 4. e. Storrs of
/ Chicago. and Charles Wheaton and En-
gene Garfield OF Aurora. Many wit
nesses have been examined. among
whom was DR.. c. v. Dyer, Of Chicago,
who has had much experience in cases
es the Texas fever as taken by cattle.
The facts in the case are briefly these !:
Some time last summer Major Davis,
who is q large cattle dealer living in
AuSable Grove, received at his farm
drove of Texas or Cherokee cattle from
Chicago, containing about $50 head.
Some strange fatality seemed to attend
the passage of these cattle, and many ma
tive cattle died along the route in q
weeks after the drove had passed along
the road. The disease which caused
these sudden deaths was attributed to q
fever taken by the native from the Tex
as cattle; and as ff1atiy had died in the
same manner ia other parts of the State,
much excitement was caused, which our
readers doubtless remembers. Besides
cattle lost in Cook and Du Page coun-
ties through which these cattle passed,
many of our farmer in this county lost
theirs-Major Davis himself losing fItin-
dreds of dollars worth. Mr. Walker
the plaintiff in this suit, lost about forty
head; N. Loucks, M. Russell, VIM.
Iadd, and others, lost from three to q
dozen head each. The epidemic was
general in that neighborhood, and much
loss was sustained.
There was law passed by the Legis-
! IatuFe in 1867, forbidding the impofta-
] ton OF Texas cattle into this State dur
ing the summer months, and this law Is
one of the points made against the Maj
or in this st;it.
Mr.. Walker brings suit for SG00-the
value of his lost cattle. The defence
sets up that the law of 1867 is uncousti-
tutional /; that the disease was not coTn-
municated by Major Davis cattle, and
shows that the native cattin in I'D joining
pastures, and who have feed near these
4 C<Atb4E Win Jill ICHCG DCt6C Cas sAaN .
never taken the disease. The case is a
hard one for both parties-hard, very
hard, for those farmers to lose their cat
! tie, aud hard for the Major to have to
paw all the damages.
The evidence was all in on Monday
noon, and the counsel commenced their
argument. Neither opened for plain
tiff, followed by Garfield, when the
court adjourned till Tuesday morning,
when StoFrs commenced his argument.
| His speech has been looked forward to
with some interest by many who had
heard OF his eioquence, and they were
in no wise disappointed in him. His ar
aument was an able one. He spoke two
hours. Judge Parks concluded, ard
| spoke two and half hours In bis usual
style. He made some good points.
The case went 20 the jury nj 3 o'clock.
They remained out about half an hour
aad returned with q verdict for plaintiff
i with $500 damages. A motion for =
new trial was made.