The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1888-08-09
The Preliminary Trial OF the Usage
Parties
Concluded After Two Days Solid
Work.
H. 3. Hughbank John C Jones and
T. 8. Jones
He'd to Answer to the District Court
$1,000 Each.

DankS. j. u. Jones, ct. al, before E.
N. Evans, justice of the peace, in this
city. This is a preliminary action
brought against the defendants, who
are charged with the larceny OF a lot
of cattle belonging to the First Ma
tionai Bank of Emporia. Deputy Coun-
ty Attorney j. Jay Buck, w. w. Scott
and 1. E. Lambert appear for the state,
and Connell & Hay and Kellogg s.
Sedgwick for defendants. Yesterday
at 1870, in the court room, the trial
was commenced and will be continued
at the same place to-day at 8 o'clock
a. IN. 1t appears that Mary L. Jones,
who lives near Reading, in this coun-
ty, by her son and agent, T. B. Jones,
gave mortgage on lot of cattle and
several head of horses some two years
ago to the First National Bank of
this city, which mortgage now
amounts to about 5000. 1t
further appears that these cattle
and horses were turned over
to the Bank and held by its agent up to
July Sd. On the 4th while the agent
was off celebrating, parties went to the
pasture, broke the locks off the gates,
tore the gates from their fastenings
and drove cattle and horses away. It
further appears that one Lewis, local
shipper at Usage City, was employed
on that day by H. B. Highlands to
take charge of the cattle. drive them to
Wesley Smiths pasture near Usage
City, cut out and ship those best fitted
for that purpose to Kansas City and
sell them. When MIR. Lewis went
where the cattle was, he found them
held by 7. G. Jones, brother of T. B.
Jones, above mentioned. Mr.. Lewis
went with the cattle he had cut out
to Kansas City, taking about twenty
four head, which he sold, the proceeds
amounting to about i've hundred
dollars. The amount was RENTED to
FL. B. Highlands through the Usage
City Bank. By this time the First
National Bank heard that the cattle
and horses had been spirited away and
sent parties out in search of them.
The remainder of the cattle was found
in Smiths pasture and an agent of the
bank put in charge of them. On the
night of the 9Th about two o'clock the
agent of the bank went to the
nearest house and took lodging.
While asleep parties again took
the cattle and horses and
drove them off to another place. In the
meantime C. w. Douglas had been
held up on the road by three or four
men and revolver drawn on him by a
| person whom he afterwards identified
as Highlands. He was searched and
his pocket knife taken from him.
While all this was going on the bank
put officers out in search of the re-
naming cattle, who found them and
drove them back to Lyon county, and
the horses. also. They are now in
! H. Parkman' pasture west of this city
This is substantially the history of the
case. We believe it is now gen.
orally conceded that the cattle
and horses belong to the bank and
the question is whether the parties
who attempted to spirit them away
are guilty of the crime of grand lar
ceny or whether they really supposed
they had an equitable or reserved in
terest in this stock. Several witnesses
were examined yesterday on the par
of the state and the evidence was al
to the same import and not at all con
filcting. At the commencement O
the trial a motion was made by the de
PENDANTS to quash. This was owe +
ruled and excepted to. A good deal o
squabbling was INDUCED in over tn
right of the plaintiff to ammend Tia,
warrant. This was cut short by is
suing a new ore and re-arresting all
parties. The separate case of T. B
Jones was continued until tomorrow
morning.
ID. w. Holderman was first called TO
the state. He testified as follows:
Have lived in Kansas since '66, an
director of the First National Bank
of Emporia. The latter part of Jun,
, was asked by III. C. Cross to go t
Reading to look after some cattle
found T. B. Jones in possession. III
said they had been turned over to tn
bank and he was just keeping them fo
the bank. Told him l would send
, man up to relieve him and would max
! arrangements for a sale of sal
} cattle. Sent c. S. Millikin June 27tt
There were lib head in tn
east pasture he claimed twenty
one belonged to some neigh
bors. There were TWENTY-FIVE
in the west. all COWS, with twent
J calves, two bulls, one roam and tn
) other red. About sixteen COW
r branded with a spy on hip. Their
were also seven horses, Jones said, b
longed to the bank. Didn't see theI
8 again until July Z, when Worster wa
) along. We found fifty-one head q
Harry Smiths, near Burlingame. II
! didn't want to deliver them to III
) Told him we had warrant for any on
found in possession of the cattle. II
said III. 3. Highlands and John Jone
had brought them there a few houI
1 before. Took them back to Readin,
: After the arrest of these parties, had
talk with Highlands in the bank. Sal
q he took the cattle and shipped pal
y of them and received the money. 3
said he wanted to settle up, the alta
Y and would be more likely to pa
t outside the penitentiary than in i
= Cross examined-''Didn'J say an,
; thing about anybody else having ar
s rights in the cattle. We judged fro
S general appearances the cattle we
q the same. Didn't 60 down to s,
q Highlands. We had Jones pretendiI
5 to help hunt them. Smith did gf'
q me letter to Highlands the day
= got the cattle. Forgot it when 50
" him and mailed it at Beading. Didr
d agree to see Highlands.
a. far as know none of the bank officis
= saw Highlands until after the arre.
a A civil suit was brought against t
n bank and me personally. SummO
Il