The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-01-16
NOT DORNBACH'S COW.
His Suit Against the Hicklins
Breaks Down.
NOW SUSPECTED OF FORGERY.
pivorcs Ends the Marital Quarrels OF
the Balkes-Important Railroad
Decision.

the complaining witness, was tried before
Judge Humes yesterday and resulted in a
verdict for the Hicklin brothers Had
there been any authority for it, it is prob
able that the costs would have been taxed
against Dornbach, who is regarded as hay
ing brought the action from malicious
motives.
The prosecution had three witnesses and
the defense twelve, and the hearing took
the whole day. The jury was out only a
lev minutes and returned verdict of not
ruiity. w. V. Rinehart, jr., conducted
the case for the Hicklins and A. w.
Hastie assisted the states attorney in the
prosecution. The defense was very ably
handled and such strong case was shown
that the outcome was anticipated even be-
fore the jury brought in the verdict
The trouble between Dornbach and the
Hicklin brothers is quite well known
through the notoriety it got last summer.
Dornbach and the Hicklins lived on adj
joining ranches in the Duwamish valley.
They got along in neighborly way until
the trouble occurred about the COW.
As brought out on the stand yesterday,
tie story is as follows:
George W. Dornbach, formerly an archi-
fect in Seattle, about the first of last July
had conversation with l.. f. Hickiin, in
which the latter agreed to sell cow for
SO, with the understanding that the
money should be paid within three
months. The cow was, in the meantime,
te run with Hicklin's other stock and be
MIXED in Hicklin's corral. For short
time Dornbach MIXED the cow in Hick-
Inns corral and then asked, as a matter of
accommodation, that he be allowed to take
the COW and milk her near his house,
which would save him some walking.
Hicklin consented. Shortly after, Dorm
bach. according to the testimony of others.
began beating and otherwise mistreating
the animal. Hickiin went to him and re-
monstrated, telling him that he must not
abuse the cow that way ''or he could not
have her or do anything with her." At
one time the cow strayed away and went
back to its former owner, some three or
four miles away, and Hicklin went after
her. About the first of October the Hick-
Inns took the cow TO pasture on the river
bottom below, and Hicklin instructed
Uornback again to take care of her. A
week later he and his brother Arthur,
while on their way to the pasture, met d.
W. West, deputy United States marshal,
and told him that they were going to get
the COW and take her to Whatcom, where
they expected soon to GO They proceeded
TO the pasture, where they paid the pas
turage, and took the COW away with them,
Arthur returning home and L. Il. going to
Seattle and then to Whatcom on the
steamer City of Seattle. where the cow
was placed on Hicklin's farm. Dornback,
hat bo
came to Seattle and swore out warrant
before Justice Won TobeI charging the
Hicklins with grand larceny. They were
arrested and brought to town, and upon
bearing were discharged, the costs being
taxed to the complaining witness, Dorm
back. At that time Dornback claimed
that he had partly paid for the COW, and
the Hicklins claimed that the payment he
made was on general account of work they
had done for him.
As soon as the courts decision was rem
dered taxing the costs to Dornbach and
Diminishing the defendants. Dornbach,
rising to his feet and flourishing his arms,
cried:
Arrest those men,. I want a peace warrant
worn out for those men. My life is not safe
while they are at large. MY wife and are both
What may happen II they are allowed TO go Free
The judge and prosecuting attorney in
terrogated the Hicklins as to their feelings
towards Dornbach. and upon their assur-
ances that they meant him no evil and
would do him no harm they were allowed
10 60. That night Dornbach went to
Whatcom by steamer and returned the
next day with Hicklin's COW, taking her
a. \, AZ n.
Then he went 80 the White house, swore
out another warrant upon the same
charge and telephoned to the sheriff s
Office, telling him that l.. +. Hicklin had
murdered his own wife and was then muir
Herring the children and asking him to
Bend officers at once, as the neighborhood
was greatly excited. The officers arrived
lbout midnight and found the Hicklins
I'll in bed and in total ignorance of the
alleged ARRAY which Dornbach had
imagined. The HIcklins got up upon
being called and invited the officers in
tad they were greatly surprised to hear
mat they were again charged with steal
ing the COW. They were brought to Seattle
iad put in the county jail that night and
We're released the next day on $500 bonds
tacn. The case came up before Justice
larson, of the Duwamish precinct. and the
hlcklins were bound over 10 the superior
court.
pernhaeh yesterday presented for the
nrst time receipt in full for the payment
u the COW, which he and his wife claim
was signed in their presence in front of
thelr tent, on August -, 1891. The de-
iense proved, by Dornbach's hired man,
mat ON that date Dornbach was not living
~ q TENT but had a house, and that the
witness was at the house all that morning;
WAT L. +. Hicklin was not there until he
ssose up IN spring wagon with his
e'oiher and another man. Dornbach got
an'o The wagon and went TO Seattle with
aaeiil, and both the hired man and the oc-
sapantS Of the wagon testified that no re-
sept was signed or spoken Of at that time.
aoinrther prove that Dornbach did not
ave IN tent at that time. the defense
Gsseed A. h. fisken, book-keeper for the
~ Il. oazzam Company, on the stand 10
prove that Dornbach was at the company's
ssnee that day and took out an insurance
ioaey upon his house and 81 600 worth of
furniture in the house. The Hicklin
sioshers both claim thai this receipt is
forgery.
..,1 :, NNsADS the jury Judge i1uhes
.aio that in the crime of grand larceny
We ieionlous intent at the time of the TAX
Is was the essence OF the crime, and that
.s'onioas IN this connection meant that
.asfe was no color of right or excuse for
Me act. II the Hicklins took the cow
ss.aef the honest impression that they
Aaa the right 10 do SO. although they
sa' nave been mistaken. yet there was
.suhg the felonlous intent, and without
'Ha' there was no larceny.