Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1884-05-08

We have heretofore, frequently had occa.
sion to refer to the celebrated mule case and AZ
the same has now been finally determined, Al
the term of circuit court Just over, some &C.
count of ii may not be without interest to
| those who were not present st any of the
four trials which were had.
1t seems that John w. McCarter, the plain
tin in the case, who lives at Iron Mountain,
owned n mouse colorei mare mule, sboui
three years old, with dark stripe down Its
back, across its withers, and with dark stripes
around its leg, and had owned it since its
early days, when no dream of notoriety had
as yet crossed its bright young dreams, and
beciouded its festive spirit; that this mule
ranged on Indian (or, as some said, 'sInjun")
Creek. The evidence pointed to the mules
being on said creek on the Sth day Of July,
1888, and that defendant, E. j. Salsbery,
caught the mule and took it home as his own
on that day, while they claimed that it was
McCarter's, but failed to tell Salsbery that it
was not his.
Defendants evidence showed that he had
owned brownish bay mule, and had owned
a mule of that description, and, with certain
marks on it, since its birth: and that the mule
which Salsbery had and which was seized by
the officer under the writ of replevin, was
Salsbery's mule, and had the above men,
toned marks.
The whole case turned upon the identity
of the mule replevied.
The cause was instituted before Franz
Dinger, Justice of the Peace Of Arcadia
Township, Iron Co., No., and was tried be-
fore HIM, trial commencing July 30th, lasting
three days, and resulting in a hung jury;
standing five for plaintiff and one for defend
ant. In the first trial, j. b. Walker, Esq,
represented McCarter, and Hon. j. w. En-
erson the defendant.
A new trial was ordered by the Justice, and
about the middle of august the case was
again tried, and our streets arere again
cro,cded with witnesses. Again for days.
everybody talked mule, and witnesses sw0re
mule.
This time the verdict Of the jury and judg-
ment of the Justice was fer defendant, Sails
berry. The attorneys were the same as above,
except that W. r. Edgar, ESD, assisted
Judge Emerson.
Plaintiff appealed to Circuit Court, and
the cause was again tried before n jury of
more than average intelligence, the evidence
being, substantially, the same as in other
trials, with the addition of evidence tend
ing to show that a mule answering descrip-
ton of that of Salsbery's had been taken up
as a stray by j. NJ. Graham, about fourteen
miles south of this place, on the road to
point near Piedmont, where Salsbery had
once lived and kept his mule: and also some
evidence from parties who had examined the
stray, and who knew defendants mule; that
the stray which Graham had taken up was
his (defendant's.)
After the evidence was in, by consent OF
both parties the court allowed the jury to
inspect and examine both mules.
After hanging for day or so. the jury was |
discharged, they reported that they stood six |
10 six, and no prospect of agreement.
The Court ordered a new trial and contin-
led the case to the term just over, at which
t was tried, occupying several days, and re-
ulting in averdict and Judgment for plaintiff.
At the last trial, when all the witnesses
we're ordered to come forward and be sworn
ogether, the whole space inside the bar WAS
illed to overlooking, and some had to stand
outside in the aisle. There were no fewer
han seyentyfve witnesses subpGnaed in
he cause at this term.
The costs in the case will reach six hun
|red dollars, and this does not include law
ers' fees. Emerson and Edgar represented
defendant all through the case with much
kill and ability, while those of the plaintiff
we're not outdone in the fight.
At the trial at the October term, 1888,
dessrs. L. f. Dining and NJ. l.. Clardy, as
listed Mr.. Walker, and at this term. Messrs.
Dining and Byrns were his associates.
The public can now draw Il breath of relief,
he cause ceieLre is over. And, at the same
ime, they may draw a lesson therefrom. DO
|Ot litigate, II you eau ouoid it by getting half
ustice.