The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1889-09-20
lowA's FIVE CALVES;

The Case Has Already Cost 100000.
Though the Calves Were Worth Only
$40.
Atlanta Journal.
Talking about remarkable lawsuits"
said DIR. Hamilton Douglas, a dsy Oh two
ago, did you ever hear Of the celebrated
calf case in lowa?"
TELL me all about the calf case" said
a Journal mar to Mr.. Douglas.
'It's q great case" continued MI.
Douglas. cit rivals %Jarndyce and Jarn-
dyce, and is one Of the most remarkable
cases that ever came into the courts. Il
is known all over the northwestern
states. The Chicago Times sends q re-
porter out every time it is tried, To
write 1t up.
81 was recently in Upton, Cedar
county, Iowa, and my friend, Colonel
Charles Z. Wheeler told me of the pro-
gress of the case. The point at issue orig
inally was the ownership of five scrubby
calves valued at $45. To settle that ques-
ton there has been endless litigation,
which has ruined, financially, many of
the parties thereto, well-to-do-farmers.
1t has already cost ove $50, 900 paid
out. The litigation has even depreci-
ated the value of the property where the
parties live. 1t has been before the SUI
preme court of Iowa four times, and has
been tried eleven times in five different
counties of that state. There are more
than 100 witnesses, and their expenses,
from change of venue to different coun-
ties, have been enormous. Witnesses
who at first were children, now come to
court with grown children of their own.
Colonel Wheeler, by his persistent and
successful management of the PLAINTIFF
case, which was the first he had when
fresh from law school, has earned a we'll
deserved reputation through the north.
west, and built up a large and lucrative
p~ractive."
What are the facts in the case?"
"About June /, 1874, one Potter came
from Green to Jones county, Iowa, to
buy calves. He stopped over night with
one johnson, an old friend. He asked
johnson to buy calves for him in that
neighborhood while he went to an ad-
joining county for that purpose, which
johnson agreed to. johnson soon after
ward bought five low-grade, dark-co1-
ored calves for S45 from a man named
Smith-there being a large Smith fam
lily in that locality. Smith wanted cash
and Johnson borrowed money from a
friend, who witnessed the trade, which,
with some of his own, he paid him $45.
Smiths boy undertook to drive the
calves to n Hines pasture, in which
they were placed the same day Potter
returned with a herd bought elsewhere,
June 3, 1874. johnson sold the five
calves to Potter. These facts are cor
roborated by voluminous direct and Cir
cumstantial evidence"
THAT seems all straight; where did
the litigation comein?'
"Wait a minute. AT this time one
Foreman, who was a witness to a part Of
what had already passed, but did not
ter, lost four high grade calves, two of
them white heifers. After long search
he found them in Potter's herd in an
adjoining county. Potter said he bought
them from johnson. Foreman replevied
the calves, Potter making no defense.
Potter then came to johnson and de-
manded the price he had paid him.
Johnson, in seeming good faith, believ-
ing him, said he had no money, but
would give his note, which was accepted.
johnson then got a warrant for Smith,
who had sold the calves, but when they
went to arrest Smith they could not find
him. and have not since, after diligent
search. In the eyes of the community
it seems that johnson had stolen Fore
mans calves, sold them to Potter and
then cracked up a lame story in excuse.
Indignation ran high. johnson was
ostracised by all that part of Jones
county"
what was done then2'
"Well, q branch of the North Mis-
souri, Anti-Horse Thief association in
that locality had johnson indicted in
December. 1874, for stealing the calves.
At this point johnson went over to
Green county, saw the calves that Fore
man had r%eplevied as his from Potter,
and maintained that they were not the
| calves he had sold Potter, being differ
ent in color and quality. Returning to
Jones he refused to pay the note given
to Potter, pleading n consideration
Potter had negotiated the note, and
judgment was obtained against John
son on the grounds of innocent third
party This suit cost johnson 81, 800,
and added fuel to the flames. johnson
proposed to have the indictment quashed
on technical grounds. He swokc one
morning before the trial to find a rope
with a hangman's knot OF a horseback
ard q letter attached, advising him il he
quashed the Indictment he had better go
west OF he would got this the rope.
But the Indictment wa quashed and
another found. A change of enu was
had to Cedar county. The jury hung,
standing eleven for conviction and one
for acquittal. 1t was tried again and
johnson was acquitted. He then sued
Potter. Foreman and four others, mem
bers of the horse thief association, rich
farmers, for malicious prosecution. 1t
was first tried in Benton county and the
jury hung, standing eleven to III for
plaintiff. 1t was again tried and John
son got So, 600 and costs. A now trial
was granted on a technicality. The
venue was changed to Clinton county,
and a very acrimonious trial resulted in
a verdict of 81. 900 and costs"
sHold on" said the Journal man; sis
not that e%nough?"
Not yet. A new trial was again
granted on technical grounds and venue
changed to Black Hawk county. whore
plaintiff got verdict for 5000 and costs.
The case was reversed by the supreme
court, and plaintiff got another verdict
in Black Hawk county. The supreme
court again reversed. and plaintiff got 6
third verdict in the same county. The