The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1888-09-26

County by farmers society. man by
the name OF Potter. OF Greene County trav-
eled through that section buying young
stock. Among the rest five calves were
bought OF one Johnson. who has been the
prominent figure in the litigation which
has consumed so much time. The calves
which were sold were afterward iden-
titled as belonging 10 farmers in the
vicinity. At a meeting OF the Jones County
Anti Horse Thief Society. held shortly after,
il was determined TO charge Johnson with
the theft OF the animals, and suit was ac
cordingly entered. In December, 1874 he
was indicted by the Grand Jury in session
in Jones County, but the Court set the indict-
ment aside. In February of the following
year he was again indicted by the Grand
Jury. and on this indictment he was twice
tried, taking change of venue 20 adjoining
counties In the first trial the jury disagreed,
one man remaining firm in favor OF convic-
ton. but in the second trial, which occurred
in 1876, he was acquitted. Soon after his
acquittal he began suits against farmers by
the names Of Miller and Foreman. and six
other prominent members OF the society,
claiming $4,000 damages for malicious
prosecution. This case was taken up on a
change of venue from Jones County 20 Clin-
ton. There IL was twice tried, and then re-
moved TO Benton County on change OF
venue, where il was once more before the
courts. In each OF these trials the jury re-
turned verdict in favor OF Johnson for
amounts ranging from $1,000 TO $1,000. and
each time the Judge set the verdict aside on
account of alleged errors
The case was next taken 10 Blackhawk
County in 1888 on another change OF venue.
and there tried. a verdict OF $1,000 rem
dered by the jury and judgment entered.
From this, however, an appeal was taken 10
the Supreme Court, the decision reversed,
and the case remanded back for trial IN
1884. In 1886 the case was once more tried
in Blackhawk County, and again decision
was rendered in favor OF Johnson Tor
$1,000. This was again appealed 20 the SUI
preme Court, and once more the verdict
was set aside and the case sent
back for trial in 1887, and the sixth
trial Of the case occurs after fourteen years
OF litigation. This litigation has been un-
der the consideration OF thirty grand Jurors
and eighty-four petit jurors. 1t has been
presented 10 nine differen. trial Judges, and
has twice been before the Supreme Court,
five judges sitting upon the bench each
time. The court costs alone amount 10
more than $1,000. and the attorneys fees
are much more than that ;snount. All OF
the eighty-four jurors have decided in favor
of Johnson, but the courts have uniformly
set the verdicts aside on legal grounds, be-
cause Of the close question as 20 whether
there was probable cause on the part Of the
members OF the society for starting prose-
cution.
The large part OF lifetime has been
spent in useless litigation over few ami
mails the entire value of which was about
S45 A number Of the farmers engaged in
the suits have become hopelessly ruined,
but still Johnson comes smlingly before
the court. begins his suits, and readily pays
for them. and is already an old man. Chill
dren Of various ages. who testified when
the legislation first began. now lead into
court their own children. who are nearly as
old as were their parents at the time they
made their first bow 10 the courts. The
farmers are growing Old, their money has
leaked AWAY through the various legal crew
ices. and found its way into other hands;
homes have been broken up, a community
made poorer in every way, and still the
case is dragged through the tedious chan
nels Of the law. with but little more chance
OF settlement than there was fourteen years