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

II
the bank had taken them. Lewis was
also recalled: These cattle were loaded
about 10 o'clock. Train left about
11:S5 on the night of the 4th. The con-
tracts are dated one day ahead for the
shipment of cattle. Got back to Usage
the night of the 9th. Paid no attention
to brands. Highlands told witness
TO select the best for market.
j. S. Evans: Went with others to
get these cattle out of the pasture; was
hired by Highlands and j. c. Jones.
Paid witness the next day. Got at
pasture at $50. Left them next morn
ing at sunrise. Didn't see the cattle
| afterwards. was paid SIS for work.
j. S. Combs: Live at Usage. Livery
with the boys to get the cattle.
Highlands and Jones hired witness.
They wanted to ride down in wagon,
said they was going down to change the
cattle to another pasture. They said
nothing about what they were going to
with the cattle. Said nothing
about the conflicting claims. Left cattle
derstood they belonged to Jones.
Highlands paid witness So for trip.
A. C. Abrahams: j. G. Jones said
July II that he didn't know where any
of the stock was. He said the bank
would have to pay for it. SAID cattle
belonged to him. Told witness he
didn't know how the stock was taken
out of the pasture. The state rested.
Defendants Evans and Coombs were
charged and held as witnesses.
FOR THE DEFENSE.
Mr. Hendricks: Am lawyer of Usage.
Have known Highlands since 70.
Know his reputation for honesty and in
tegrity. 1t is good. Am a democrat
dyed in the wool. He is a republican.
Mr.. Shepherd: Am merchant.
Know Highlands. He is county at
torney. Know his reputation for hon
esty and integrity in the community.
It is good. Never heard his honesty
questioned.
Frank Houser: Live at Lyndon. Am
sheriff of the county. Have known
Highlands for nine years. Know his
reputation. 1t is good.
SIackhouse: Live at Usage City,
Kansas; lived there fifteen years. Have
known Highlands eight or ten years.
Know his reputation; it is good.
Thomson: Have lived at Usage thir-
teen years. Am lawyer. Have been
a notary public Qaughterl. Have known
Highlands fourteen years. Have had
a good opportunity to know the people
of Usage county. Know Highlands
reputation. It is good.
Mr.. Highlands took the stand:
Came to Usage in 1879. Came to Kan
sas il 1868, Lived in Franklin county.
Have been a lawyer since June, 90.
Was county attorney of Franklin coun-
ty; elected in '76. Am now county at
torney in Usage county. On the 3rd
of July T. B. Jones came to my Office.
Said he was indebted to the First Ma
tional bank of Emporia, and
that he was dissatisfied with
some things that they had done.
Said there was chattel mortgage
on some of the cattle, but the mort
gage was not recorded. Said he had
paid the bank a great deal of money
and would rather give the remainder
to some other creditor. Witness told
him he could sell the stock and de-
liver it at once if the mortgage was
not on record. He told witness bank
had sent up man to watch the cattle
Said he had examined the record anG
the mortgage was not filed in either
Lyon or Usage counties. Said there
was IS 500 mortgage on record that
was on some of the older cattle in the
f herd. Witness suggested that if you
owed the Usage bank you could drive
them in and turn them over to the lat
ter bank. He spoke about paying his
brother j. c., or turning over some of The
cattle to him. j. e., spoke up and said
81 have the best right to that herd,
, giving as a reason that he had bought
the start of the herd. Told him Il
turn over the cattle to j c.. and he, u
c. could sell them to an innocent pur-
chaser. Told L. Il. to turn them ovel
= to his brother, take them into OsagC
county, and ship what were fit. In
, structed them that by so doing that i
1 the bank came mp and attached, thu
difficulty would he settled in Osagl
/ county. Went along with the boys be
t cause Lewis failed to come home
Wanted Lewis to go because he wa
? experienced in the cattle business. j
: G. Jones asked witness to see Wesle.
4 Smith and engage pasture. Had no in
terest in the matter more than as at
' torney. Cattle were shipped in wit
| ness name. There was a judgmen
against Jones which he didn't want t.
f pay, so witness agreed to ship il
2 his name. $405 and some cent
i were the net receipts. Paid severa
i items of expense. 1858 was left
4 then, gave $500 to j. c. Jones ant
= kept S53 to make myself safe IL Their,
e should be an attachment sen
v by the bank. Gave the ADVICE to Jone
d in good faith. Had no intention T.
f steal or any felonious intentions.
r At the conclusion of Mr.. Hugh
y banks direct examination by Mr.. Kel
8 logg, Mr.. Scott took the witness ant
n subjected him to an hours rigid eros
|: questioning.
!. On crosS-examinatiOn witness sale
}. that in conversation with the bank Off
/, Gals after the arrests, that he toll
b them that if they had told him that the.
t had any right to the cattle, the pro
d ceeds of the shipment and the remain
g ing property would have been turne'
:. over to them; that t. B. Jones ha
# called upon witnesses on July Sd. AM
= in conversation said that the bank ha'
e sent a man to look after the cattl
e but he IT. b. did not want the bank t.
g have the cattle. but preferred to pa
}. other creditors. 7. b. told witnes
d that "a, 500 mortgage had been give
II but that it had been filed, tina