The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1884-02-14
THURSDAY, FEBRUARY II, 1884.
How Smathers Lost His Cow!
THE UNCERTAINTIES OF THE LAW.

Prosecuting Attorney-"Mr. Smather
state to the jury just what you kno7
about the case of the State VS.. Bilkin
charged with stealing your cow"
swell, I lost valuable COW, and neigf
Dor Smith told'-
Attorney for defense-"Never min
what anybody told you; Smith is not try
ing this case.'
Court-"Witnesses must tell what the
k71ooC-not what they hear.
"Witness- I found my COW in
little patch of woods blonging to defend
ant. Saw him run and hide as 1 wa
driving her away"
| Pros. Atty-"Cross examine!
Atty for defense-"You say you lost {
valuable cow?"
| eyes,"
"And that you found COW in Bilkin.
woods, and took her awayw
EYES,"
"Well, how do you know that was YOU
| cow?"
"Why, raised her from calfr'
"Well, but how did you k1aoao her? Had
she any peculiarities over other COWS
What color was the cow you took from
defendants woods?"
"Red!"
Eyes, Just SO! There are perhaps a
million red cows. Any marks on her?"
eyes, she had white spot in forehead
and some white on one hind leg"
"How big was the spot on the fore
head?"
Il couldn't tell exactly"
what! Can't tell? Well, how far up
her leg did the white extend?"
"Well, I cannot tell exactly-probably
half way up"
"What? 1t seems that you don't know
much about your" cow. Now, Mr.. Wit
ness, hoa0 long aCGs her ta5l?"
Il never measured it sir"
"Well, was it four feet, or eleven miles
long?"
81 never measured it,
"Oh, yon never measured it'll Well,
which way did she switch her tail?
sideways, sirY'
"Come, no insolence! Which way did
she switch it most, to the right, or left ?"
81 don't know. Suppose she switched
it both ways"
$50 it seems that you don't know any
thing about it. Call James Hooker"
"Mr. Hooker" said the Prosecutor,
"state what you know about this case,"
"Well, saw plaintiff drive off the de-
fendant's cow, which he found where de-
fendant had turned her into a woods pas
ture."
"Did Bilkins always tie his cow to
tree in the pasture?"
"Why-I-that isl don't knoww
"That's all-eross-examinel"
ATTY for defense-"Mr. Hooker, what
marks had Bilkins' cow?"
white spot in forehead, one white leg"
Can you give the dimensions of these
marks ?"
Eyes, measured them on the morning
when Smathers drove her away"
"What were the dimensions?
"The white spot was just two inches
ong. The mark on the leg reached just |
'wo inches above the knee.
(Which way did this cow-which was
iound in Bilkins woods-switch her
all ?"
'To the right, SIR
(Which way did Bilkins' cow switch
Ter tail?"
"Azaoays to the right"
"Thats all.
There was other testimony, but these |
we're the main witnesses. In view of the |
as herein given, and the re-
Iuirements of the law in matters of de-
all, the jury were charged that if they
ound that the plaintiff could not give an
xact description of the cow claimed to
,e his, and defendant could give an exact |
description of the cow claimed to be his,
hen they must find for defendant. And,
nee oerso, if the defendant could not de-
cribe the cow aforesaid, and the plaintiff |
ould they must find for plaintiff
In view of all these things, the jury, af-
er mature deliberation, found that the
oaO belonged to defendant.
Defendant was discharged, and plain
iff was compelled to drive his own cow
'ver to Bilkins' and to pay Bilkins' one
hundred dollars not to prosecete him
for malicious prosecution.
Smathers' advice is keep out of the |
COURTS"