Custer chronicle. [volume] (Custer City, Black Hills, D.T. [S.D.]) 1880-1890, 1889-04-13
TWENTY THOUSAND DOLLARS
For Four Caives-Littgation Sfnce
fS5f-Seyerxt Me Ruined.

For Vour D~tttg1fi0 since
fS5i-Severxi Men Ruined.
The Jones county, Iowa, calf case,
which has been in the courts for twenty
five years, was advanced another step by
the decision of Judge Lenehan at Water
loo on the 25th. he overruled the mo
ton of defendants for a verdict against
plaintiffs on the special findings of the
jury and rendered judgments against all
the defendants except Herman Keller,
who died last week. The judgment was
for 81, 900 aud costs. The defense will
take the case to the supreme court on the
ground that the Judges rulings on their
motion for judgment on The special find
OF the jury: were incorrect. They
are confindent that the supreme court
Will give them q Judgment against plant
III for costs and nus end the case.
In the summer of 1874 four calves dis
appeared from the farm of John Fore
man, III Jones county. These calves were
su6se Quently found by Foreman in the
herd of =. ID. Potter, in Greene county.
Mr.. Potter said that he had purchased
them Of Robert Johnson, in Jones county.
L VI NAiuh ttNt W 1pii'H county,, anu
or interviewing Mr.. johnson that gentle
man said that he had bought the calves
he sold to Potter from Il strange named
smith. Foreman claimed them az his
calves, and johnson gave his note for
their value, which vas liked al S45. lie
a!terward saw the calves and said that
they were not the ones he sold to Potter,
ana he refused 20 pay the note he had
given for them. In December, 1874. the
Jones County Anti borsa-thief ~associa.
ton secured the Indictment of johnson
for stealing the calves. This was
qGashed. but in December, 1915, a new
ind Ctment was found, aud after two
trials johnson WAS acquitted.
In 1877 Johnson began action AGAINST
T.. V. Miller, David Fall, G. ". Miller.
John Foreman, Abe Miller, Harmon
Keller and =. ID. Potter, members
Of The Jones County Anti-horse Thief as
ISOLATION, asking $4,000 damages for
malicious prosecution.
The first trial Of the case took place at
Ninton and resulted in q disagreement
Of the jury. 1t was again tried there
and the jhry found for the plaintiff, as
sess;ng Ills damages ri $3, geo. The case
went to the supreme court and the verdict
was set aside on the ground of improper
Instructions by the Judge. The case then
went TO Clinton for trial and there the
jury gave a verdict for the plaintiff for
81. 500. Thiswas get aside on the ground
that the verdict was rendered against oil
Of the defendants while the evidence
showed that one Of them was in no way
implicatedr In February, 1892, the case
was moved to BlaCkhawk county, and
has been securely anchored there ever
since. The first trial resulted in a yer.
dict Of s. COO in favor Of plaintiff. This
was overruled by tae supreme court
because Of the admission Of improper ties.
timony. 1t was then transferred to the
circuit court OF that county. and tried
again in 1885 with q verdict Of 81. 600 for
the plaintiff. This was set aside by the
supreme court, and il was tried again in
September, 1888. The verdict this time
was still in the plaintiff favor, butt was
reduced TO 81 600. Az this trial n score
or more Of special in~terrogatories were
submitted to the Jury by the defense, and
upon The answers 10 these a motion was
made TO have the general verdict Get aside
and judgment entered against the plant
if. The motion vas argued before JUDGE
LCnchan March 10. VINO gave his de
cisi0n. In beginning their argument
The defense stated that they had
withdrawn their motion for a
new trial, SO that The case
can never be tried upon it's merits again.
It Is probable that me decision upon the
present motion viii be reviewed by the
supreme court, but that VIII end tnc liti-
gallon and relegate the Jones county calf
case 10 a distinguished position in the
records Of legal curiositics.
The court costs thus far incurred ia
this case since il was begun in 1877 have
reached about So. 400. This il exclusive
Of attorney fees and other expenses in
mileage, looking up evidence, etc. One
Of the attorneys who has been engaged in
the case since its beginning says lbAt the
expense, ac,ual and contingent, oali par
ties concerned In the Gaze, will be over
$50, GOO. he also says that the plaintiff
was worth GIG, 600, has become a poor
man since the commencement Of tue case
aud that only one of the defendants IL in
comfortable circumstances, although they
were AL weli-tOd do when the litigation
begun. It's effect has even been fClt in &
reduction Of the value Of property in tina
section of Jones county where the partie,
live.