The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1888-08-09

J
third of July to go down to the Jones
farm and help him drive up some
cattle. 1t was about eleven O'Clock
when we got there. Highlands,
John Jones, Evans and Combs were
along. Jones opened the gate I be-
lieye. took all the cattle in
that pasture, drove them to-
wards Usage City. When we got
within five or six miles of
there we all left Jones to drive
the cattle and went on to the city. The
cross questioning elected the fact that
he was hired openly and that he
knew of no reason for being
silent on the question, and that they
gave as their reason for going ia the
night that it was cooler.
Among other witnesses examined
last evening was G. w. Douglas, whose
testimony is very spicy and throws
that of the other witnesses into the
shade. After the capture of the cattle
from Harry Smiths, as told by
Mr.. Holderman, they were found
on the Yves. Smith farm, rear
Beading, by Milliken and Douglas.
Milliken went to Reading to telegraph
to the bank, saying that they had
found trace Of the cattle. About
eleven O'Clock two men rode up to the
house where Douglas was, called him
out intimidated him with a revolver,
searched him and marched him up
near Usage City to keep him from get
ting hold of the cattle. These men he
was positive were Highlands and j.
G. Jones.
MORNING SESSION.
II. c. Cross was the first one sworn
this morning. Testified as follows:
Am president of First National bank.
Have been since 1872. Know Mary
p. Jones, T. B. and j. C. Jones. Re
member mortgage made them. The
stock was turned over in the spring of
'S7. Asked Z. B. to look after the
stock. They remained in his hands
until last June. The original mort
gage was 81, 500; 50. 432 remains unpaid
with the interest. Had conversation
with Highlands since his arrest. He
said he hoped the matter might be
fixed up. Admitted he had received
money for cattle shipped.
Observation-Disclosures the chat
tel mortgage paid some taxes on the
cattle. 1 also bought some hay and
feed. Some of that has not been re-
paid. No formal taking of cattle ex-
cept the talk spoken of. He never said
he had turned it over to the Jones'. He
didn't say anything about it being fixed
up, if we had come to him and ex-
planned our claim.
On denomination, Cross said no one
had even ever stated that they had any
claim on the cattle. Sold few Of the
cattle to Mr.. Nickel. He paid $500 and
it WIS endorsed on the note. L. b.
sold some horses, which sale also ap-
proved. Jones gave mortgage on corn
to c. S. Cross. There we're two or three
other mortgages given at different
times. Didn't know a minor had a
claim on the corn mortgaged.
| j. 4. Nickel live at Reading.
bought the cattle spoken of 10y Cross
Contracted with T. B. Jones. They
were in the feed lot. Bought twenty.
four head. We came down and saw
Mr.. Cross. Helped hunt them after
they were taken. Hunted one-hali
day; came back TO Reading and tele.
graphed to the bank the result.
Harry Lewis, one of the defendants
was next called: Have lived at Osag'
eight years. First saw the cattle south
of Usage City. Was employed by Mr.
Hughbanks and John G. Jones to TAKE
the cattle to Yves. Smiths pasture, GU
out load and ship them. L shipped
them i'll Hughbanks' name; shipped
twenty-four head. The proceeds o
the sale were returned to Hugh
banks through the Usage County bank
Highlands told me l would find TIN
cattle south of the city in charge of
c. Jones. Jones helped me cut ou
the load and put them in the car
Had no knowledge of their beinl
taken out of pasture in Lyon county
It WAS about o'clock when Hugh
banks spoke to me about the cattle
: They were not in first class condition
Highlands told me they were Cattl
belonging to John G. Jones, which 7
: B. had turned over to him. There wer
eighteen COWS and six steers. Notice
a brand 'P' on few. II. told me hC
} tried to find me the night before an
because he couldn't find me he wen
down with the boys.
L. o. Tucker was next called: NJ
attention was called to the cattle pass
ing my place the morning of the 1T
r before sunrise. James Evans anC
Combs were the only parties 1 knew
/ with the stock. There were five mel
/. in all.
J Mr.. Patterson: 81 had eleven head @
D cattle in the pasture. On the mOrnin
l., of the 5th T. B. Jones came over an
3 told me the fence was broken down an
Q the cattle were gone. He said he ha
r telegraphed Highlands and his brotl
q er to know What TO do. He said b
8 was going out to look for them. sa'
! him IN Reading the next morning an
j. he told me he had found ten head c
. my cattle near Usage. / went owe
: and looked at them. Found the
/
o also testified to having some cattle
Y the same pasture July End. He sale
9 '.The evening of the 5th went to MI!
S Jones. She said they were gone
e 1 went over the morning of the 6tl
: saw they were gone. Had talk wit
q T. B. Jones. On the 9th he bough
s three of mine back. He said he foun
t them near Usage. Said he was comm
g home and happened to see them. 7
J. B. said they had been in the care {
e the bank and said that J. C. Jone.
g partner said if they couldn't /
8 found, the bank would hsS
s to pay for them and for I'll
;. trouble of hunting them ais
a / We hunted all afternoon and foun
d ourselves in Usage at night. Afts