The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-01-02
The JONES co. CALF CASE ENDED.
1t Lasted Twenty Y ars, and Impov-
erished All tbs Litigants.
From the Chicago Times.

II Lasted twenty ars, and Impov-
erished AL ths Litigants.
From the Chicago Times.
Des Moines, Ia, Dec. 2l.-The supreme
court has rendered its last decision in the
famous Jones county cali case" which
has attained as great a fame as the case
of 'Jarndyce VS.. Jarndyce" The only
thing left in the case after its numerous
hearings was the question of costs. one
Of the seven defendants, Herman Kellar.
who died, secured Judgment against the
plaintiff 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 so they
would be liable Tor but six-sevenths Of
them, and this was also appealed from
the decision of Judge Lehman In the
Black Hawk distric, court who yeruled
The motion. The supreme court sustain
Ell the ruling, and holds that the six who
We're defeated in the action TO recover
damages for malicious prosecution must
pay all costs, amounting to S2.si6 ST.
Charles Wheeler OF Upton is the only
lawyer who has remained In the case since
it was begun.
ut 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 back TO Jones county TO purchase
calves and stopped over night with the
now justly famed Bob Johnson. Potter
had known Bob in Ohio. and when he left
next morning he told him the errand that
had brought him into the county Potter
also authorized Johnson 10 buy some
calves for him, while he went on into
the eastern part Of the county to see what
he could pick out. The next day Johnson
went 10 0lin and inquired of the Iner-
chants there for calves They had none
but bystander had four he was anxious
TO sell. This bystander went by the name
of Smith, ana was afterward known in
the case as the mythical Smith, being
so dubbed by counsel gifted with a flow of
speech. His calves were in the neighbor-
hood of Sergeants Blug. and johnson said
as he had to go TO Stanwood for hard
ware he would ride 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. They could not find but
three, but Smith said the other would
average with them, so the four were pur-
chased in the presence of Bob's brother
John. They were to be paid for when de-
livered in q place known as Hines pas
ture, but the stranger demurred saying
he would not have thought of selling had
it not been for need of money that very
day. Accordingly the necessary dollars
We're 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
b. Johnson that he was ready for the
calves Bob found them in the corner pas
ture as Mythical Smith had agreed and
t1,n ., Tn-s4
price agreed upon and went on his way re-
joicing.
About this time a neighbor Of Johnson
named Foreman missed four calves. and
hearing that Potter had taken a drove, fol-
lowed him to Greene county. Here he
found his missing stock, or claimed to, and
asked Potter where he got them. OF
course. the answer was of Bob Johnson
The two men went together to John
son and told him their story johnson.
believing, gave his note for the value of
the calves and swore out a warrant for
Mythical Smith. 1t was then learned that
no such man had ever lived in the neigh
borhood Of Sergeant's Bluff, and the I'M
fortunate Bob was in a quandary what to
do. Meanwhile an organization had been
formed in the neighborhood where John
son and Foreman lived, called the North
Missouri Anti-Horsethief Association
though neither Of the gentlemen before
mentioned were members. Being out of
job, this patriotic body conceived the idea
that johnson had stolen the calves and
sending for Potter and Foreman, informed
them they must either Join the order and
assist in prosecuting him or be prosecu-
ted themselves. They Joined, and John
son was indicted for larceny of the calves
about the same time Johnson, with his
brother, went into Greene county to have
n look at those calves. which Potter had
finally purchased of Foreman. Both de-
cided that Bob had never handled those
calves at all, and that Potter NUT have
stolen them himself and then lied to
Foreman about them. Johnson accord
ingly refused to pay the note he had given.
The note case was tried twice, and a judg-
ment rendered against Johnson on the
ground that the holder was an innocent
purchaser. This note, originally for $40,
cost johnson about $500.
The first Indictment against Johnson
for larceny was quashed on account Of
an informality. There was great excite
rnent in the community about the matter
and on waking up one morning johnson
found on his doorstep a shroud, a rope
with a hangman's knot and Il threaten
ing letter. Accordingly a change OF venue
was taken 10 Cedar county on his motion,
with shroud, rope, knot, and threaten
ing letter attached as exhibits. The case
was tried twice there the first jury stand
ing eleven 10 one for acquittal and the
second setting him free. Johnson. who
had started in on these cases as a pros
porous farmer. was now bankrupt in
everything but spirit Then it was that
Johnson began suit against Potter Fore
man and five others Of the Anti-Horse
Thief Association who had been most
active in the prosecution, claiming $l0,-