The Osceola times., 1881-11-19
STEALING HIS OWN COW.
A Kansas Farmer Held to Answer FOR the
Oftense.


Offense.
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 Mr.. Stanley, of Lyon
County, went to Waters house, and,
getting into friendly talk with Waters,
slipped haDdcuf upon his right hand.
No warrant having been read TO Waters,
his English was worked up, and, when
the sheriff attempted to handcuf 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
roce with pistols drawn and leveled at
Waters, and stream of eloquence far
more forcible than elegant was flowing
from Waters lips. At last the sheriff
took the handcuff off 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 section
hand on the Atchison, Topeka and Santa
Fe railroad, near Stafford, in Chase Coun.
ty, wrs, until a few weeks age, in the en-
ploy of Waters, on his farm. Waters let
Burris have the use of COW for the
summer season, and Burris was to own
the COW on paying Waters S25; 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
aIs Il
negligent in his work, Walters dlscharg-
ed him. The COW was not paid for.
Burris refused to settle and sneased of
out of the county with the COW. Waters
went 10 Chase County for the animal,
took the COW openly, in daylight, in the
presence Of witnesses at Stafford, told
them wEo 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 +. p. Cochran appearing
for :he State, and T. J. Bradley, of this
city, for the defense. The facts Develop
ed at the examination We're 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 10 do with the case; the only
question with the court is. did the man
steal the cow" But" said the attorney
for defense, 81 should like to he permit
ed to show that il 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 Mr.. Bradley, 'you have got
the wrong man; the prosecuting witness
here is the thief, and we would like 10
permitted to prove it. This is all a
farce, and il you bind this man Waters
over you sill make laughing stock of
yourself and heap up the costs on yom
county" At this the court remarked;
at makes no difference. What is this
court organized for? Why didn't Was
tors come into court and replevin his
GOV? | find the defendant guilty Of
stealing the COW, and / fine him $500, to
appear ,at the next term Of the Dis
lrlct Court for Chase County to answer
the CHARGE "You are an ass," said the
attorney. II don't permit such remarks, u
said the court.
1t is unnecessary TO add that bail was
required, and instantly given, to appear
at the Chase County District Court, and
Waters came home. The case will only
make little expense and put somebody
to bill of costs. 1t was fun for the law
vers.