Arizona republican., 1894-05-29
NEARLY A STANDOFF.
A Claim Wholly Absorbed by a
 Counter Claim.
The Rehabilitated Bones of a Deac Horse Dragged Into Court and
 Given Value of $6O,

An lnquisition into the mysterious disappearance of jackass and a stal- lion was. had yesterday at that de. servedly popular resort of justice con- ducted by Col. c. w. Johnstone on Wall street. The disappearance in the case of neither animal was sud. den, but occurred by process az gradual as the fading away of the hues of a rain bow or the tilmy snowflake on the river's tide. They simply melted out of existence.
 The title of the proceeding was Nc. Glnn vs. Linville, originally instituted to re cover $25, the price of a jack ass so Id nearly year ago by the plain tiff 10 the defendant. In the form of 8 crossbill the defendant set up counter grievance antedating that of the plain. tiff by some two years.
 The cause was set for tria! more than a week ago but on account of the ad. sence of material witnesses was con. tinued until yesterday. The plaintiff appeared ln his own behalf and the de. fendant was represented by Judge Buck
 Although without any personal ex. perience in legal matters MT. McGinn's E manner of conducting the case, both in the examination of witnesses and in his presentation of the facts to the jury was skillful. Perhaps greater latitude was shown him than would have been granted regular practitioner; at any rate he succeeded in getting consid erable irrelevant, but really effective evidence before the jury.
 The plaintiff made statement of his case and was sub mitted to a close cross examination. in which he appeared to advantage. He had no other witnesses but had unfortunately depended to make his case complete upon other witnesses whom he expec- ted the other side to summon but who were suspiciously absent.
 For the defendant, there were beside himself, his brother and another young man named Tompkinson in whose arms the stallion at issue expired; who as owner had seen him breathe his i'll spent life away.
 The jackass or 'jackus" as the gene Tic name of the animal was pronounced during the inquisition had according to the plaintiffs statement been sold to the latter at his earnest solicitation. After time Linville found he was unable to pay for it and gave the plain tiff a verbal order for it's possession upon the man at whose pasture it was installed. This man had sold his ranch but gave the plaintiff written order upon the then owner. The order con- corning which E profound legal ques- tion arose was eort of negotiable affair, sight draft upon the addres- see for the delivery e the "jackus" to the plaintiff or bearer. The defense contended that this order should con- stitute discharge of the claim upon the defendant. At any rate before the holder of the order got action upon it the ''jackus" it had disappeared and if any man has since seen it he has concealed his discovery from the public.
 The testimony of the defendant does not differ materially except on one point; that is. ne Was not anxious to buy 'fjackus'i very badly; the plain tiff parted with it voluntarily in con- sideration, the witness said of the ap- plication of it's value upon previous deal hereinafter explained.
 MT. McGinn's opening of the cross examination boded no good for the wit ness. "Do you understand the penalty for violating an oath?" asked he. He succeeded in rattling the defendant and increased his confusion by admonishing him to ''face the jury, catching him up in dates and tripping him up on the succession of the months to such an ex- tent that the month of Manch was dropped entirely out of the Gregorian calendar.
 Other witnesses were more leniently treated and were asked by the cross examiner to take care not to fall by mistake into even the appearance of perjury. He would, he said, rather loose regiment of jackasses than that witness for the defense should be driven to make misstatement unin- tentionally.
 The testimony in the case was natur- ally divided into two classes, that relating to inc ''jackus" and that bear ing upon the stallion. In the former the plaintiff had plainly the best of it.
 The history of the stallion was no less