Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1879-06-26

=. " 1nteh over thirty years ago by JAMES
N. GooDHUE. Editor Of the Grant Count,
Herald from fs45 to 1849 and Founder q
the 81. Paul Pioneer
(Continued.)
A TRIAL FOR FoRCIBLR ENTRY AMI
DRTAINER.
Justice Green's dwelling was q
double log cabin in the midst of a
vast field of unharvested corn. on
which some ten thousand prairie
hens were fattening. Before the
door there was q single log Of
firewood, from which several slabs
of fuel had been split--also three
ox-yokes; and plow of very prim.
tive construction, and q Pennsyl.
vania wagon 'roned all over, and
OF course, too, tar-bucket slung un-
der the hinder axletree. The stable,
surrounded with stacks Of hay and
grain, was also q double log build
ing; and between the logs Of which
it was built, might be counted. the
ribs OF pair of hungry old horses,
that were starving inside. More
phantom hogs "than You could shake
a stick at" were fitting and squealing
around the premises; they were the
kind of hogs known as the wolf
breed; either because, from their
tieetness and ferocity, they are &C..
cure from the depredations of the
wolf-or from their wolfish appear
ance-or because the wolf has no ap-
petite for such pork. They are con-
sidered valuable, also, because, when
killed, the meat cannot be fly blown,
and no more requires salt to preserve
it than would an equal quantity of
sole.leather. The proportions of .
genuine wolfhog are, one.third snout,
one-third legs, and the remainder
bristles.
The parties, witnesses and counsel
in the action Of forcible entry and de-.
tainer brought by Mack Black and
William Hawkins Us. James White
being all present in court, Mr.. Shave,
on part OF the compliments, read the
following complaint:
Territory of wisconsin,
County of Platte,
Mack Black and William Hawkins, of said
county. complain unto Pinckney Green, Esq,
one OF the Justices of the Peace in and for
said county, against James White, of said
county, for that the said James White, on or
about the 18th day Of November, A. D., one
Thousand eight hundred and fifty.one. at the
county aforesaid. did, with force and arms,
and with a strong hand enter upon and une
justly and illegally detain q certain crevice or
range OF mineral or lead ore known as the
Smith 4 Hawkins prospect, containing ten
acres, the same being on the N. w. quarter
of section -. in town =, In range =. In Lit
tie Blue Rabbit diggings, in said county and
Territory, contrary to the form of the statute
in such case made and provided
SHAVE & STILL,
Attys. for compl'ts.
To this complaint, and also to the
writ, the defendants attorneys filed
the following demurrer:
James White Before Pinekney
Alta Graap Ecp
Mack Black, ct. al In fore. ent. sd.
And the said defendant. by Power & Quib-
BILE his attorneys, comes and defends the
wrong and injury, when, &C., and says that
the said complaint and writ, and the matters
therein contained, in manner and form as the
same are above stated and set forth, are not
sufficient in law tor the said compliments to
have or maintain their aforesaid action there's
of against the said defendant; and he, the
said defendant, is not bound by law to an.
swer the same. And this he Is ready to ver.
ify; wherefore, by reason of the insufliciency
OF the said complaint and writ in this behalf,
the said defendant prays judgment. and that
the said compliments may be barred from
having or maintaining their aforesaid action
thereof against him, &c.
And the said defendant, according to the
form of the statute in such case made and
provided, states and shows to the court here
the following causes of demurrento the said
complaint and writ, that is to say:
LIST. That the complaint purports to he
made by Mack Black and William Hawkins;
but is subscribed only by.Messrs. Shave &
Still.
End. Tha, the complaint does not define
on which particular part Of the N. w. quarter
section described the defendant made the
entry complained Of
3D.. The compliments do not aver that at
the time of the defendants entry, they. the
complainants, were in, or legally entitled to,
the possession Of said premises.
4th. The complainant charges defendants
entry to have been made in the year 1851
an impossible time
9th. The writ varies from the complaint,
in that the writ charges the entry TO have
been made in 1S4l. and the complaint charges
the entry to have been made in 1851.
9th. The complaint does not conclude with
the usual prayer to the court for writ.
And also that the said complaint and writ
are in other respects uncertain, informal, in
sufficient, &C.
QUIBBLE & POWER,
Att'ys. for delft.
The demurrer having been fully
argued by Messrs. bubble & Shave,
the court was sadly perplexed with
doubt. He fidgeted and thumbed
the leaves of the statute book and
knit his brows. Shave was satisfied
that the case was in danger of going
by the board. After consulting Q
moment with Still, an affidavit was
prepared and signed by Mr.. Black,
by which the cause and papers were
removed to Jonathan Gosling, ESQ.,,
who was present, and immediately
took the place of Justice Green.
A removal by the complainant not
being provided for by the statute,
defendants counsel excepted.
Gosling was sure to reverse Green's
opinion, for it was an axiom with
him that Green must ai,cays be
wrong. Costing was a little, bald.
headed, penurious Yankee, in whose
eyes a half dollar looked as large as
q cart wheel. He cultivated only six
acres Of ground, had . barn twice as
large as his house, harvested his
crops as soon as they were ripe, kept
his ox.yokes painted, and creased his
wagon. wheels with tallow and black.
lead.
The demurrer was overruled; and
issue being Joined on 8 plea of not