Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1883-08-03

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they be still held by the the sheriff until
anothercOmmission could make cxanina-
ton and report The. second commission
composed of Eli Saith, John Beebe and G..
4. Champion reported that the cause of the
cattle dying was. Texas or splenic fever,
and in ureir opinion the Boyd cattle spread
the disease. This made a starting point
for c;Ise which commenced last Tues
day.
When II was called ChaG w. Ellis and
J. w. McScal appeared for the state and
L. Sample Of this city and Mcs.rs. sisson
and Campbell, OF Harper,appcarcd for Mr..
Boyd.
The defendant first moved to set aside
the case for the season 1t was signed and
sworn to by more than one person, there
being a half dozen or more prosecuting
witnesses. This molten WAS argued at
length by both sides aud finally oysrrlled
by justice Hess. An effort Was made to
discharge the defendant on the slme
grounds, and this motion was also over
ruled. Then the defendant asked for iu-
~, and the sheriff proceeded with the work
OF securing psnel, which required until
Wednesday at noon.
In the meantime Mr. Boyd filed suit in
repleven i'm the district court, for the pos
session Of the cattle, and sued the sheriff
fOrSl 900 damages for unlawfully OBTAINING
them. He gave n repleven bond in the sum
of S23,5OO. signed by himself and Messrs.
Mcclure and Cochran as suretles.
Immediately Sheriff Rigg gave q re-de-
livery bond, good for about $50, coo, signed
by the complaining witnesses In the Case
against Boyd, and so lie still has possession
Of the cattle.
When the jury had been selected, the de-
Tense objected to the case proceeding for
the reason that part Of the jury was select.
ed by the sheriff after he WAS made party
to the repleven suit, he being therefore ali
Interested party in the case.
This point was elaborately argued by
both sides, and taken under Amusement BY
the justice until Thursday morning, when
he overruled the motion to dismiss, and the
case proceeded.
The Jury sworn to try the case Is made
up of the following citizens:
A. L. Freeman, VIM. Doles, T. F. Mar
quand, Geo. EbersOle, Tom. Jones, VIM
Ozbun, j. w. Norris, w. ii. Thompson
Dick, Woodward, b. F. Woodward, Vim.
Watkins, A. Hughes.
Tile first witness examined:Sas Mr.. John
Beebe, who testified rs to his knowledge OF
the disease, acquired by losing number OF
cattle at this place several years ago. lie
told Of the examination hs made AS one OF
the commission appointed to look after
the Boyd herd, and gave it as his opinion
that the cattle that died by coming In con-
tact with that herd, died Of splenic or Tex
as fever. Though subjected to careful
cross examination, Mr.. Beebe's evidence
was not shaken in the least.
Mr.. Garrison, one of the complaining
witnesses testifiedas 10 his knowledge of the
Boyd herd, aud as to the losses he llad slls-
tIincd.
The other witnesses examined yesterday
afternoon were Mr.. Cook, Mr.. Clough and
Mr. BcalS, and their testimony was mainly
to show when the Boyd cattle were driven
in, where they were grazed, whether or not
any other foreign herds were grlzed OIL the
SANG range, etc. The witnesses were OF
the decided opinion that their cattle would
not have died but for coming in contact
with the cattle la question.
The cIsc will be resumed this morning.
and it is not likely that the evidence will
all be In before this evening or tomorrow.
4 verdict will hardly be reached before to-
morrow evening, if then.