The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1889-05-09
"TuE IDENTITY or AHoRsE,

lhlitu lhh iollnWlnH hopouhb VI bhp
trial and il6 results
"THR IDENTIFY or A HORSE, |
MIKE " TuR oooAaIoS or A CURIOUS
AND IRTERmTla0 LAW guIr
RLnRA, Jan, 0 Especial l-Juallee
Martin, OF the supreme Court, hls
been holding court here this week, In
one NJ the cases tried belore him the
plaintiff WIN General Isaac II, Sherwood
Of Toledo, ONO, who was In tho WAT of
thu Rebellion, earned his lllle ~ Tho
Union Army, which hN entered m n
private, Since lhGn hH hhH bren Noure'
taTy Of State ul ONO, Representative IN
Congress for three terms, and for ntver'
al years Probate Judge lie In nov lhe
EDITOR and proprietor OF the Toledo
Journal William j DOnnot, the DIT
iendaHt, In mn rxtrnhlVe wholbhAln
dealer In coal and iron In Llih city The
plaintiffs counsel were Roosevelt Il
Moss, law partner OF u Is YOnmanH,
Chief Clerk OF Tho Treasury DenhrL
mrnt nj Warrington, and H. n BlO'
cock, the Emirn poalmaatcr, Tho db'
lOudnnl'A counsel were =, q, Inbrr law
partner Of OK Speaker M0Guifei j, u,
sIanchlled tho dislrlct attomty ot
! Chemung county, once law partner Of
/ Governor llIll, aud Ffrdrrlch Collins, Ot
/ tho new law lirm Uf Reynolds SlnnCh'
/ field Il Cullus, From the eyldruce II
rrrms that the parties had never IncC
, helur' lhr trial
In 1889 Mr. Dounce, having heard
/ that n FAST racing hUfNr, Mike Fu which
! hiN sun had RrNn IN Mlcllghn whH then
owned By General Sherwood offered ny
letter 10 buy him, The correspondence
resulted IN an agreement ul Hhln win
warranty OI aouudnraa, the hprHr IN b6
shipped 10 buffalo and received aud
paid for there. When the horse feach d
lullnlO bounce refused TO receive II
aud defended tbs Rull on the ground
that A. WAS not ihG hoTSe bhrpaln6d for,
hut Hn unNOnnd horse, Upon tins
refusal the horse wAH sold Nv auction
and DOuuCG was Nurd for the rest Of the
contract price, $500, On lheparL Of thu
defendant his SON Fred disputed the
identity Of thu hUrHr delivered with lhv
one he had seen before thr sale, aud
h1 and John Norman, \ liyciJ man, both
OF this city; james Gallagher, formerly
u livery maH ut this city, bu now an
; inmate OF the Stal0 ieformatoIyi aud
WiluAm Kelly n professional horse
trainer, formerly Nh associate ana part
nor OF Gallagher, hut now lives NJ the
RosemOre IIotel, Now York, all swOre
that they examined the no NJ and that
he waN unSOund. For the piaintilt, teB
tlmOny Oi wlinrSaeH from Michigan
: Ono. Indiana aud Iowa who knew the
horse from 1881 w 1895, WAS given W
,, to itR identity aud SOundness Among
these witnesses were tho well known
veterinary surgeon, william SOmcrylllC
of Buffalo aud V. Newton Of Toledo
: The Jury after bang out two hOurf
found n yerdiOt for the full amount
claimed with interest"
The ahoya gives only few Of N,
main points Of tne controversy, TIN
/, dispatch waa written 10 let DnunC
down as easily m possible IL does no
/, atate that James Gallagher, who WIZ
DOunco's principal witness was iakeI
. from u penal prison 10 TESTIFY, or INA
, his other wilneSS william Kelly WA
/, impreaGhed II docs not SLatr that lhl
\ court taxed the entire cost NJ the tria
upOn DOunCr, including deposillOn
taken by Sherwood IN i've states, Hut
expprt testimony Ol such well know
!. veterinary surgeons as De- SOnrryille
of Buffalo, aud Dr. Newton, 0i Tolrdu
making the aggregate nl costs mutl
larger than the verdict Tor damages,
Well, after this verdict of n jay .
=, DnuuGeS ueighburR aud friends, Hlt. inl
In ms home Town, found ycOigV fo
, Sherwood on every point claimed, M,
for the lull amount claimed, mrludn,
, MI thg cost of wltueNsrS, including th
= travelling expenses ui expert wltneS srs
: brought from $40 miles away Dpuuc
: apppnlpd his case SnrO when tine
y the Mike 4. horse case has been bubhlinl
!, around IN tho higher courts VI Nov
|, York state, until IL reached ~ iiun
elimination, and DOunce WAS com
PEELED IN pay Sherwood every dOlla
claimed, with all tho Accumulated COur
costs, with interest from the date OF tn
!, llrst Judgment
4 There arr honemen nt Indianapolil
/. Toledo, Detroit, Buffalo, Davenport
n Iowa, Topeka, KanB, COrunnn, Mich
n who will 10 interested In knowing tn
Anal result OF this remarkable triA
n And If John u FreCk. OF Mlllersburl
!, Penn, is alive, no will probably enj0
Il as much aS any man on earlh The llna
n oulminati0n OF the suit, anu the 0y0l
o throw OF W. j, DOunoe. FreCk ant
q DOunce also had lawsuit about
o horse, lasting several years, IN which
II claimed Freck wns HwindlBd tO IN
n tune of almost $500 by DOunCe aud hi
o son Fred. II | remember correctly a
h account OF this case WINS published Il
4 the Western Sportsman about hy
years ago.
! Tho pacing horse "Mike r." WIS frs
q purchased Of John w. Browning, O
u Indianapolis by Judge SHERWOOD, nj
. most eight years ago, AT laSt NcrOnnt
he WIS In Topeka, Kansas, and sNil NJ
n q. X and going very fast lie VII
y when purchased from Browning
thoroughly sound horse, aud by all "
/ ports has remained sound through hi
six several OwnOrs D0unces son cx
+ amined tho horse CAREFUL
= before purchase, aud tho clan
= that he wnt unsOund WA
. on n par with DOunCe's other CLAIM
u that no purchased the wrong horst
i They were both fals0hOodS and boil
!, bold and bare-faCed attempts to swindlI
which attempts failed in every in
stance.
y Ono year ago last winter In the cit
:. OF Elmira, N. Y, DounCo made n start
T ling and ign0mnous failure. lie M
! signed all his goods, chattels and wares
, and laid out hlB creditors to the tune u
100000. The talk In lGlmira is that N
4 has not failed poor, but he did not sue
. ceed In swinding Judge Sherwood on
of the value OF his Judgment for M,
, full value OF Mike r. as Sherwood
. lawyers, who knew old DOunce to OH.
vnrN hnLtnm. cnmnnllnd nnMMnAA INV