The Providence news. (Providence [R.I.]) 1891-1906, 1894-07-26

TRUE STORY OF THE CELEBRATED
JONES COUNTY LAWSUIT.

d. uvor 80 worm Oh Snlves Cosuo ma
Judsmsnts Run Up To es0.O0 o and the
) End OF h Trouble Still Out Of sight.
Thisis how It came about: Robert John
von, an Ohio boy OF Virginia stock went
TO farming In 1853 In Jones county, Ia.
I'm 1874 Farmer Potter Of Greene county,
IN acquaintance Of johnson, came TO John
Bon and said he wanted to buy some calves.
"A man named Smith, q stranger thero-
abouts, who has since succeeded In con
cealing himself from observation, must
have heard Of this. He won't to johnson
and sold him five small dark calves, which
on June 4, 1874, johnson delivered to Pot
ter. Just then Farmer John Foreman OF
Jones county discovered that i've calves
had disappeared from his farm. He had
seen johnson drive fivo calves AWAY TO do
liver TO Potter, but made no inquiry about
the matter until afterward. Farmer Peter
Onstott saw Farmer johnson deliver the
live small dark calves to Drover Potter.
When Farmer Foreman missed his calves,
he followed Drovcr Potter to Greene
", Ia, and found his missing property
an Potter's herd. Potter said he had
bought from johnson the calves which
foreman now identified ~ his own. So
Foreman went hack to Jones county and
demanded from johnson tho value OF his
missing calves, which johnson, though an
innocent man, gave to Foreman In the
shape Of a note for $45-
Determined to have satisfaction, johnson,
who was than only thirty odd years Of age,
took q jaunt out to Greene county, and on
being shown by Potter the calves which
Farmer Foreman had claimed rs his miss
f. ~x~~~ that hA Iahnaopl had
never sold those calves to Potter n that
he would not pay the s45 note he had given
to Foreman.
Mr.. Foreman then concluded that IL was
time for him to take another hand In tho
game. He was fairly pining for tho excite
mont Of a lawsuit. He sont word to Potter
that IL he Potter did not institute GRIM
inal proceedings against johnson no (viz,
Foreman) would invoke the majesty Of the
criminal law against him pottery. So
Potter went all the why to Jones county
again, Joined tho Anti Horse Thief 1850
citation and succeeded In having the unfor-
tunate johnson indicted for the larceny of
s45 worth of calves The mysterious vii
lain named Smith still remained In abey-
ance. This was In December, 1874. Now
comes fun
The indictment was quashed I'm May,
1876. In December, 1876, a new indict-
ment was found and n change Of venue 30
Cedar county was secured by johnson. In
1876 there was a trial, n the jury stood
IL to I for acquitting johnson. Then there
wRs another trial and johnson was aoquit-
Ted, Farmer Peter Onstott tsstifying that
tho calves Foreman claimed from Potter
were not tho calves johnson had sold 10
Potter, and that Potter knew 1t and had
a. 49, L.l .lxsazI rn.,.A.
Onstott to keep his mouth shut, which
Farmer Onstott would under no ciroum-
stances agree 20 do.
'Heigh bD,'' said Farmer johnson to
himself after hearing Farmer Onstott tes-
tify; ''let us nave moro law" So he began
an action for $40, 900 damages In Anamosa,
Linn county, against seven prominent
members of the Anti Horse Thief associa-
tion. A verdict for IS, 900 was rendered
In Johnson's favor, but the judge, probably
hating to see a leading calf case spoiled. as
lt were, set the verdict aside.
All hands now voted for q change OF
venue and more juries and moro trials.
So they moved the Jones county calf case
TO the town Of Clinton, In Clinton county,
Ia, and, 10, the jury assessed $500
damages in Johnson's favor. The Clinton
county judge pondered awhile and finally
concluded that the verdict Of the jury
should have been against only six of the
seven anti horse thieves, as there was no
evidence against tho seventh, Harmon KEEL
lar. SO away goes the verdict, and every
body said, Set 'em mp againi"
The Jones county calf case wa now
moved to Blackhawk county, In, Judge
Bagg got hold Of the case, and when the
jury found a verdict Of IS, 900 In John
sons favor he tBagg) promptly overruled
q motion for "a new trial and entered judg-
ments against the six remaining anti
horse thieves.
The supreme cour Of Iowa now took .
hack at the Jones county calf case and re-
versed this Judgment on appeal. johnson,
who had been worth more than $40, 900
when the calf case began, was now (1SSS)
almost n pauper, and tho costs taxed In
court, Independent Of enormous attorneys
fees and expenses, We're s3, 336. ~. Seven
ty witnesses were held for IL days in the
town Of Blackhawk. and the hotel had
such a boom that It declared q quarterly
dividend before the case was half over.
There was another trial and another YER
dict for johnson, who had become so used
10 getting vcrdicts that he was almost rec-
oncilcd to not getting anything else. The
supreme court had become quite interested
On the Jones county calf case by this time,
however, and 1t promptly set this verdict
aside also.
There was a sound Of revelry by night"
In Waterloo soon afterward, for it was
formally announced that the Jones county
calf case was to be tried all over again.
Mr.. johnson got another verdict for 81 900,
and the six anti horse thieves again ap-
pealed to the supreme court. They didn't
want to pay 81, 900 worth Of court costs II
they could help it, but the supreme court
wouldn't reverse the Judgment.
Having been mulcted in this grievous
manner. the six anti horse thieves now
came into court once more and asked II
they couldn't have 81, 900 knocked of the
bill Of costs they had to pay, inasmuch ms
Harmon Kellar, who had been let of by
the Clinton county judge. ought to pay at
least one-seventh Of the costs for all tho
tun he had had. Judge Linehan ovcrrulod
the motion OF tho six anti horse thieves,
but they were not Disconnected by n little
thing like that and fhov opca p,oro m