The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1888-11-07
A CELEBRATED CALF CASE
AN ANIMAL WHICH HAS BEEN IN
COURTS FOURTEEN YEARS.
Bitter Legal Controversy over Five
Alleged Stolen Calves-Farmers
Kufned by the CONTROVERSY

Bitter Legal Controversy Over Five
Alleged Stolen Calves-Farmers
Ruined by the Controversy.
A recent letter from Des Moines, Iowa,
to the New York Sun, says that the cele.
brated Jones county calf case is before
Judge Linehan at Waterloo.
The writer continues. It is case
with history. 1t had its origin four
teen years ago, has been tried in several
district courts, been heard in the STU
preme Court two or three times, and now
comes up for adjudication once more.
In 1874 the case was started in Jones
county by farmers society. A man
named otter, of Greene county, Travelled
through that section buying young stock.
Among the rest five cal es were bought
of one johnson, who has been the prom
inent figure in the litigation which has
consumed so much time. The calves
which were sold were afterward identi-
fed as belonging to farmers in the
vicinity. At meeting of the Jones
County Anti Horse Thief Society held
soon afterward, it was determined to
charge johnson with the theft of the
animals, and suit was accordingly en-.
tered. In December of 1874 he was in
dicted by the Grand Jury in session in
Jones county, but the Court set the in
dictment aside. In February of the fol-
lowing year he was again indicted by
the Grand Jury, and OF this indictment
he was twice tried, taking change of
venue to ad joining counties. In the first
trial the jury disagreed, one man re-
naming firm in favor OF conviction.
But in the second trial, which occurred
in 1876, he was acquitted.
Soon after Johnson's acquIttal he be-
gan suit against farmers named Miller
and Foreman, and six other prom! nent
members of the society, claiming $40, 600
damages for malicious prosecution.
This case was taken upon change of
venue from Jones county to Clifton.
There it was twice tried, and then re-
moved to Benton county on change of
venue, where it was once more before
the courts In each of the e trials the
jury returned verdict in ravor of John
son for sums raging from $500 to
| $1,000, and each time the trial Judge
set the verdict aside on account OF al
! legged errors.
The case was next taken to Black
| Hawk county in 1888, on another change
Of venue, and there tried A verdict
of $4,000 was rendered by the jury, and
! Judgment entered. from this, however,
an appeal was taken to the Supreme
Court the decision reversed, and the
case was remanded back Tor trial in
1881.
In 1886 the case was once more tried
in Black Hawk county, and aga n de-
cision was rendered in favor of johnson
for $1,000. This was again appealed to
the Supreme Court, and once moro the
verdict was set aside and the case sent
back Tor trial in 1887. And now the
sixth trial of the case will take place in
Waterloo after fourteen years of Ii itiga-
.ion.
This litigation has been under the
consideration of thirty Grand Jurors,
and eighty-four petit jurors; it has been
presented to nine different trial Judges,
and has twice been before the Supreme
Court, five Judges sitting upon the bench
each time The court costs alone amount
to more than $4,000, aud the attorneys
fees are much more than that amount.
All of the eighty four jurors have de-
cided in favor of Johnson, but the courts
have uniformly set the veldicts aside on
legal grounds because of the close ques-
ton as to whether there was probable
cause on the part of the members of the
society for starting prosecution.
The large part of lifetime has beep
spent in useless litigation over few ami
mails, the entire value of which was
about $45. A number of the farmers
engaged in the suits have become hope
essly ruined, but still johnson comes
smilingly before the court. begins his
suits, aud readily pays for them, though
he is fast sinking into insolvency, and is
already an elderly man. Children of
various ages, who testified when the
litigation fiist began, now lead into
court their own children, who are nearly
as old as were their parents at the time
they made their first bows to the courts.
The farmers are growing old their money
has leaked away through the various
legal creyices, aud found its way into
other hands homes have been broken up, a
community has been made poorer in every
way, and still the case is dragged
through the tedious channels of the law
with but little more chance of a settle
ment than there was fourteen years ago.