The sun., 1894-12-26
THE JoSHs co. CAR CASE ENDED.
n Lsstss Twsuty Years, .nd ImPoverished
All the Litignnts.

| It Bsstss Twsnty Years, snd tmPorerN~
All the Etignats.
FSom ne chicago Times.
| DIES MONIES Ia, Dec. 21.--The Supreme Court
has rendered It's last decision in the famous
Jones county calf case" which has attained as
great fame as the case OF "Jarndyce VS.. Jarn-
dyce." The only thing left in the case after It's
| numerous hearings was the question OF costs
| One Of the seven defendants, Herman kellar
who died. secured a Judgment against the PLAIN.
tiff johnson for costs. that is, was relieved OF
paying any costs himself. The other defendants
then filed a motion to have the court apportion
the costs they would be liable for but six-sev-
enths of them. and this was also appealed from
the decision OF Judge Lenihan. in the Black
Hawk District Court, who overrulcd the motion.
The Supreme Court sustained tho ruling, and
holds that the six who were defeated In the
action to recover damages for malicious prose-
cution must pay all the costs, amounting TO
g., sG0.S4. Charles Wheeler of Tipton Is tho
only lawyer who has remained in the case since
It was begun.
1T was more than twenty-seven years ago."
he said. that one Potter came to Jones county
from some point In Ohio. Soon after he went to
Greene county and made him home. In the
course Of time he came hack to Jones county to
purchase calves and stopped over night with
the ROW justly famed Bob johnson. Potterhad
known Bob in Ohio, and when he left next
morning told him the errand that had brought
him into tho county. Potter also authorized
johnson to buy somo calves for him. while he
went on into the eastern part Of the county TO
see what he could pick out The next day John
son went to Olin and inquired of the merchants
there for calves. They had none, but by
stander had four he was anxious to sell. This
hystander went by the name Of smith, and was
Smith being so dubbed by counsel gifted with
q how Of speech. His calves were in the neigh-
hg,Wl law Lab Il
as he had to go to Stanwood for hardware he
would ridc by and see them,
Accordingly Bob and his brother and the
mythical Smith set out for the Bluffs to get the
calves that were running out on the commons.
other would average with them, SO the four
we're purchased In the presence of Bobs brother
John. They were to bc paid for when delivered
stranger demurrod, saying he would not have
thought of selling had II not been for need OF
sary dollars were borrowed OF John and the
purchase completed. The brother then moved
on to Stanwood. Two or three days later Potter
returned with his drove and sent word to Is.
johnson that he was ready for the calves. Bob
found them in the corner pasture as Mythical
Potter, who paid the price agreed upon and
About this time a neighbor Of Johnson named
Potter had taken n drove. followed him to
stock. or claimed to. and asked Potter where he
got them. OF course. the answer was of Bob
son and told him their story. johnson, believ-
ing. gave his note for the value OF the calves and
then learned that no such man had ever lived In
the neighborhOod of SergeaDt's Bluff and the
pnfortnnate Bob was In a. n9pandary I what to DO
the neighborhood where johnson and Foreman
lived. called the North Missouri Anti-Horse-
thief Association. though neither OF the gentle
men before mentioned were members. Being out
of a Job, this patriotic body conceived the Idea
ing for Potter and Foreman, Informed them they
must either join the order and assist In prose-
and % Johnson indicted q
:" About the same time johnson, with lis
brother. went into Greene county to have look
at those calves. which Potter had finally pur-
chased OF Foreman. Both decided that Bob had
ter must have stolen them himself and then
lied TO Foreman about them. johnson accord
note case was tried twice, and u Judgment rem
dered against johnson on the ground that the
az o sSs
The first Indictment against johnson for lar
SSeny was qnashed on account OF an informality.
There was great excitement In the community
about the matter, and on waking up one morn
ing johnson found on his doorstep q shroud, a
letter. Accordlngiy a change of venue was
taken to Cedar county on his motion. with
tac6ed as exhibits The ~ case was tried si'ts twice
there, the first Jury standing eleven 70 one for
johnson, who had started in on these cases q
prosperous farmer. was now bankrupt in every
began suit against Potter, Foreman. and ave
others of the Anti-Horsethief Association,
had aS'Es p the
licious prosecution. Col. Preston began the
suit, for Bob, with myself doing Jury
was finally reached for trial in Benton county
where the jury stood eleven to one for giving
verdict Of $4,000 The verdict was set aside
and the venue changed to Clinton county. Here
opening statement The % trial = lasted % thres fes
weeks. between thirty and lao witnessed being
This verdict % was asset set aside as and and the venue venue
changed TO Black Hawk county. Here we had
three trials and were successful in all three,
rehearing ordered. At the close OF it all John
son received Judgment for 81 900 and costs and
time letting out one defendant. Tho only point
now left was 70 determine whether johnson
OF them, because OF the one defendant being
dropped out by the Supreme Court.
hnite result from twenty years OF iiiisation. % All
OF the men prominently connected with IT were
R at the start but At the
one time and ther al! OF the lawyers in eastern
Iowa were engaged IN the case and at the last
hearing all but myself were either dead or tired
The case had its influence. upon every
into, religion and into politics, and it de.
precieted the value Of real estate, Sew:
efhl times tne parties were on the point OF
going to war. and went armed day and
night only for the necessary spark TO blazo out
johnson had his home and at least one barn
the same way, Through 1t all Johnson had i'm
mortalized himself as slayer OF the first
Harmon Keller. and the only complaint Bob
makes is that Keller died without his knowl-
edge OP consent, or without first obtaining an
order OF court, slipping away from him, he
claims. in an unseemly manner. lie further
says that on that June day, twenty wears ago
when he delivered five calves To Potter, he
thought he was performing very dlnary bus
mess transaction, but he has since learned that
he was making history"
Hubby's New Cigars