The Russellville Democrat., 1881-11-17
STEALING HIS OWN COW.
A Kansas Farmer Held to Answer TOT the
 nfaosa
Council Grove (Kan) Republican.


 Council Grove (Kan) Republican.
 Thomas Waters, respectable farmer, living near Dunlap, was interviewed by the sheriff of Chase County early one morning about a week ago. The sheriff, accompanied by Mir. Stanley, of Lyon County, went to Waters house. and, getting into friendly talk with Waters, slipped handcuf upon his right hand. No warrant having been read to Waters, his English was worked up, and, when the sheriff attempted to handcuH his other hand, there was matinee in that meek O the woods" and shortly the sheriff and his posse comitatus were standing at one side soliloquizing soto Uoce with pistols drawn and leveled at Waters, and stream of eloquence far more forcible than elegant was flowins from Waters lips. At last the sheriff took the handcuff of Waters hand, and Waters agreed to report to the magis- trate in Chase County the next Saturday the 10th inst, for examination on a charge of grand larceny.
 The facts of the case are as follows: One John Burris, who is now a section hand on the Atchison, Topeka and Santa Fe railroad, near Safford, in Chase Coun- ty, was, until few weeks age, in the em- ploy of Waters, on his farm. Waters let Burris have the use of a COW for the summer season, and Burris was to own the COW on paying Waters $25; but until that amount was paid the COW was to re- main the property of Waters, and Burris was not to remove the animal from Nor ris County. Burris being shittless and negligent in his work, Walters discharg- ed him. The COW was not paid for. Burris refused to settle and sneaBed of out of the county with the COW. Waters went to Chase County for the animal, took the COW openly, in daylight, in the presence of witnesses at Stafford, told them wko he was that the COW was his, and where he was taking the animal. Then Burris made complaint, and the warrant was issued.
 On Saturday the 10th inst, the pre- liminarv examination was held at Strong City, in Chase County, Graham, County Attorney, and E. P. Cochran appearing for she State, and T. J. Bradley, of this city, for the defense. The facts develop- ed at the examination were substantially as above stated. The defense attempted to prove that the COW was not paid for, and was to remain the property of defendant until paid for. But His Honor remarked, That has nothing to do with the case; the only question with the court is. did the man steal the cow?" But" said the attorney for defense, "I should like to be permit- ed to show that it was the defendants COW; that he had never parted with the possession. and that in taking her he only took his own." And again the court remarked, "That has nothing to do with the case; the only question with the court is, did the man steal the cow?" "Well," said Mir. Bradley, "you have got the wrong man; the prosecuting witness bere is the thief, and we would like 10
 permitted to prove it. This is all a farce, and if you bind this man Waters over you Sill make laughing stock oi yourself and heap up the costs on your county" At this the court remarked: 'It makes no difference. What is this court organized for? Why didn't Was ters come into court and replevin his GOV? 1 find the defendant guilty oi stealing the COW, and I fine him $500, to appear .at the next term of the Dis- trict Court for Chase County to answer the charge.' "You are an ass," said the attorney. Il don't permit such remarks" :" said the court.
 It is unnecessary to add that bail was required, and instantly given, to appear at the Chase Counly District Court, and Waters came home. The case will only make little expense and put somebody to bill of costs. It was fun for the law yers.