Rocky Ford enterprise., 1896-05-07
WANTED $4,000 DAMAGES.
The Sum for which Whitney Newton
Sued the Catlin Canal Company
An Interesting Case-Plaintif
Gets Verdict for S25 and

COStSs
The big damage suit Of Ruth A. New
ton versus the Catlin Consolidated Ca
nal Company, which consumed three
days time in the district court this week,
involves piece Of property that for this
prosaic region has quite an interesting
history. All old residents OF the valley
have hnard OF the "Sessler" ranch, locat-
ed about miles northwest Of Catlin, on
the north bank Of the Arkansas river.
This piece of land, some 800 acres in ex-
tent, was owned by an eccentric French.
man named .Alphonse Benyo. Here in
the barren meads Of the Arkansas valley,
miles away from any town, Benyo erected
o magnificent "castle" as it is dubbed by
its present owner, at cost of $4,000.
The building was constructed Of adobe
and stone, with tile flooring and expens-
lively and elaborately finished on the in
terror. Benyo had other peculiarities
than a mania for isolated castles. He
wouldn't hire rauchman for less than
500 per month, and the man who offered
his services for $40, go the story goes, was
given the cold shoulder. In 1883 Benyo
left the country, and the ranch was sold
at sheriff's sale being bought in by Nd.
D. Thatcher for the benefit Of G.. A.
Newton. Later it was sold to q. Sessler,
the individual after whom it is now
called, for the benefit Of Mr.. Newton.
Sessles had the true western instinct
about ranching and soon had the place
plastered with first and second trust
deed, each for $4,000, and interlarded
with other liabilities which led to attach
ment proceedings. The first mortgage
was held by the FIRST National Bank Of
Colorado Springs and the second by
Ruth A. Newton, the present owner.
Mrs. Newton iquidated the first mort
gage and bought tho ranch ut sheriff q
sule at Las Animas, then the county seat
Of old Bent county, paying in all $4,000
therefor. Since Mrs. Newton's acquisi-
tion Of the property it has been managed
by her sons, The principals OF the New
ton Lumber Co. and one OF whom, Whit
ney, is prosecuting witness in the pres
ent case. In the fall Of 1880 dam was
constructed across the Arkansas river,
abntting on tho Indian claim No. 2,
which forms part Of the property. II
was built for the purpose Of diverting
WaeSA ahso sA0 SatA4u aitSib WuASa hu5 Ato
head ut tho mouth Of tho Apishapa, a
few rods nboye tho dam. This dam, Mr..
Newton claims, has, by OVERLOOKING the
meadow land rendered it practically val
uelese and he asks damages in the sum
OF 5000. The case has been progress
ing for nearly two years and the plead
ings have assumed alarming proportions.
Dixon md Sabin represent tho defense
and Glenn and Hoffmire the prosecution.
Tho taking Of tho testimony consumed
two days and on Wednesday morning
Sheriff Frost escorted tho jury to the
premises where they might see for them.
selves tho bewildering measurements ex.
plnined in 50 mnny different why's by 90
many civil engineers.
The jury returned carly in tho inter.
noon, and tho case was exhaustively ar.
gued by counsel. A verdict was 70
turned Thursday morning, awarding the
plaintiff damages in tho nominal sum o
e25 and costs OF tho suit. Exceptions
were taken by both sides, but II Is mol
likely that tho case will be taken up, III
upon tho evidence aud facts tho verdict
rendered wus anticipatcd.-La Juntl
Times