The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-01-16
LEGAL LEAVES.
CIippsd From 4he Docket Of the
Clerk in the District Court
Yesterday.
An Interesting and thrilling Episode
Ended---The Famous Bird
Estate.

Emslle VS.. CIty.-contlnuod.
Balm Va. Haas.
Smith vs.. kelly.-continued.
Same vs.. Bidwell, ct al-same entry.
Same vs. Rstchford.-same entry.
Same vs.. CALDWELL entry.
Same vs.. Terry-same entry.
Smith W. Lowe, ct al.-jury waived; court
trial, finding and judgment for plaintiff,
application for another trial sustained; case
continued.
THE BIRD ESTATE.
Several Of the suit srelative TO the now
famous Bird estate We're up before the
court yesterday, they being the ones il
which smith is is the plaintiff.
In 1861 Lorenzo Bird died in Atchison.
owning large amount OF real estate all
over The West The heirs are Just now Of
age, and find that the administrator in
1862 obtained an order TO sell all the real
estate in h nsa., alleging in his petition
that the deb amounted 10 over 50 900. The
inventory showed personal assets to the
amount Of over So 900. However, under
an order Of sale, a majority OF the real es-
tate In Leavenworth and Atchison counties
was attempted to be cold. In August last
the heirs brought suit in this county and
Aichison county 10 recover the real
estate on the ground that the
Probate Court acted without jurisdiction
and there wa. no cause tor the sale. Judge
Crozier sustained this, and held that the
present owners had 10 title. The defendants
each demanded second trial under the law,
which was granted One of the pieces of
property in this city is the fair groun g. and
the other principal one is the German
Lutheran church property.
Ex-Parte John Gray and George Hart
admitted to full citizenship.
Hartma an vs.. Wolfsperger-Attach
issued for plaintiffs witness.
Gray VS. Rice.-Plaintifi's bill Of excep-
tions settled and allowed.
THE LATTIN-M ,NRoE CASE
An interesting little trial, which Is
founded upon thrilling little episode, was
on trial in the District Court during the
latter part of last week, the arguments
in the ca.e being made yesterday and sub
mitted to the jury. Some time during last
summer Mr.. Chas. Monroe, formerly of
this city but now Of Lawrence, the defend
mt, hired horse and buggy Of Mr.. O. b.
Latin, liyerymsn of this city, plaintiff,
TO 60 riding Mr. Monroe arrived at the
residence Of the young lady whom he was
to take riding, LETT the horse standing
(hitched, he says, unhitched, said Mr.. Lat
tins wi nesses) and went into the house.
He soon came out with the young lady,
but just as he was about 10 get into the
buggy, the horse (which Mr.. Lattin's wit
n-sses say had not been hitched, although
Mr.. Monroe swore he was) started off at a
rattling pace said Mr.. Monroe, although
MIR. Lattin's witnesses swore he started %
on a walk and WAS soon lost sight Of in the
dim distance Immediately beyond the hill
south of Chestnut street, on sixth. Conse-
quently Mr. Monroe and the young lady
whom he had In gited didn't take the antic-
i pated ride (although Mr.. Lattin's witness
es swore If Mr.. Monroe had been reasona-
bly, careful the horse wnuldn't have run
away, though Mr.. Monroe swo.e he
was careful as he could be- and when the
horse and buggy were at last captured they
bore the appearance OF having been run
through a threshiDg machine or rubbed
ag aiust the edge OF Kansas zephyr. Mr..
Latin wanted Mr.. Monroe 10 pay damages
and Mr.. Monroe didn't want to: Mr.. Mon
roe sent - to Nr. Latin for the hire Of the
rig, which the latter wouldn't accept, and
got mad about it $50 the witnesses for Mr.
said Mr.. Lattin's witnesses said
they passed by where the horse was standing
and saw the lines upon the ground (al-
though Mr.. Monroe said the lines were tied
around the whip socket and the horse was
Mr.. Monroe said the horse couldn't
have been caught by him, although
he tried to catch him Mr.. Lattin's witness
ses said Mr.. Monroe could have caught the
horse had he tried. but the lady was stand
ing there and he didn't want 10 compro-
r.Iise his dignity by essaying the scrobatic
performance necessary in the effort TO cap
ture the animal. To SUM the matter up,
Mr.. Latin and his witnesses swore one way
and Mr.. Monroe and his witnesses swore
the other, and then the jury went out and
deliberated and came in again and said IL
was their opinion that the horse and buggy
had been injured Sl73 worth, which they
thought Mr.. Monroe ought 10 pay, but Mr..
Monroe says ne won't and will appeal the
case.
Court adjourned until this morning at
10 o;ciock