The McCook tribune. (McCook, Neb.) 1886-1936, 1888-09-21
D9ndy County Court Notes.

uistfiCt court wis convened at llcnkelunaf,
Monday of this week. aud tho c,ril docket be
ing very light. wns disposed OF tl,ut day. Tues
day, tho trial OF j. X. Jacobs. for obtaining
money under false pretcnces. came mp before
the FIRST jury. J. w Thompson prosecuting and
A.. a. Mccoy of Trenton defending. This Is q
case where the defendant mortgaged n team
OF horses, claiming to w the same and TO
have them In his possession, and thereby OBJ
tanning s54 In money. The defense failed to
show TO the satisfaction OF the jury that the
defendant ever owned or had In his possession
such n team of horses, or In fact. any horses.
"A bill of sale was produced for such a team.
but the execution OF the same by the party
whose maine Was signed TO IL. was denied, as
was also the signature of the subscribing wit
ness, and the jury evidently gave credence TO
the testimony of the parties denying. for af-
ter considering all the facts and circumstances
in the case, they brought in u verdict of "gull.
ty as charged"
The next case arising was that of the
State VS.. Albert E. Endicott. prosecuted by
Attorney Thompson and defended by X. @.
Clifford and j. W. James. The evidence dis
closed that the defendant had been working
for one Rule, in Goodland, Kansas; that he
was sent by his employer to Haigler for coal.
or was given instructions to go there for coal.
He turned up in Benkelman. where he traded
the team in his custody for a span of ponies
and a cash consideration of SIS. He then of.
fered to sell the ponies for SIS. This act caus-
ed suspicion, and the defendant took the next
train east, and when arrested, was found In the
middle of a large corn field in Illinois, oppo-
site Burlington, Iowa. There were two counts
In the information: one charging horse
stealing and the other enlightenment. A mo-
ton attacking the jurisdiction of the court
was sustained as to the first count but over
ruled as to the second, and the jury returned
a verdict of embezzlement of property to the
value of $3.50.
The trial of the last mentioned case took but
a part of Wednesday, and the rest of the day
was coupled in the trial of Josiah X. Burk.
for horse stealing; prosecution conducted by
Mr.. Thompson, and II. G. Clifford and John w.
Karr, defending. The evidence in this case
showed, beyond Il reasonable doubt that
the defendant hired a team of Cox & Hall, !iy-
erymen of Benkelman, on or about April 10th.
last. for three or four days to go up into
mated place in that county. but went over in
w iciAtiS III up VII II Ittus 1T II
farm of one J. P. Robb, near haywood. As he
had once before stopped at Mr.. Robb's, he al
lowed him the same privilege again, and be-
fore leaving he made Il bargain with his host,
by which he sold him the team, representing,
OF course that he owned them. for $50 in cash,
IL gold watch valued at $50, and Il note for so.
He then departed for parts unknown to the
world. Sheriff Moore, with true detective
skill, traced him up, and finally succeeded in
locating and arresting him. His defense was
simply, that he was mot the man." and he
tried 10 disguise his identity by IL different cut
of his whiskers and the plea that, as stated by
the States witnesses, the man that sold the
team and that took the team from the livery
barn. had a few gray hairs in his side whiskers,
the defendant, as g matter of course, neglect
ing to state that they were in his ''side whisk-
ers." The absence of the side whiskers did
not prevent him from being positively rec
ognized. and the jury, after being ont but Il
short time, returned a verdict of guilty" as
charged in the information.
The case entitled the State VS.. John Clark
ston, was dismissed by the prosecutor, as he
ascertained that the same had been instituted
by personal spite. The charge was that of
rape upon q ten years old daughter of a Ger
man, one John Kaiser Smith. As it has been
bruited about his neighborhOod that Charleston
was not legally married to his present wife,
evidence was produced r%efuting the SANDER.
Charleston is a nan IS years of age, and we'll re
garded by his neighbors in Benkelman and vi
cinity, while the opinion held now of the other
parties can be well imagined.
Reporter CASTOR returned from B~enkelman,
Thursday morning, although the court had
not adjourned for the term. It is expected
that there will be some more business on the
calendar yet this term, as there is a
gang of horse thieves now on the way from
Wyoming, whose turn will probably come
next. One of them is said to be the notorious
Bob Miner, who is badly wanted elsewhere for
murder. JUNIOR.