Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1896-05-13

The ueIendant guilty as charged IN the
tenth count of the information.
This convicts the defendant of keep
ing public nuisance, The minimum
penalty in this case is fine OF 500 and
30 days imprisonment i'll the county
jail. The maximum penalty Is fine of
$500 and 80 days in the county jail.
A motion for new trial was over
ruled yesterday afternoon, and the
| court will pass sentence on FRIDAY
morning at 9 O'Clock.
The case of State VS.. Roller was he.
gun on Friday morning at abou 10 o..
clock. The regular panel having been
nearly exhausted in the Wright case,
Judge Mckay sent out special yenire
| and court adjourned until afternoon to
await the arrival of the jurors. At
about O'Clock the jury was completed,
the following being the personnel:
}. Warnstaf Amos Ash
JIG. Clayton F. Duncan
ID. +. Painter B. F. Glasier
c. B. Kincaid VIM. Ellison
ID. H. Axline Thos Tmmus
G. W. KritZmire T. s RenninpfeId
The evidence was in on Friday even
ing and the case was argued on Satur-
day morning. County Attorney Beals
and A. l.. Herr represented the state
and E. Sample the defense. The Jury
retired at about O'Clock, and at about
O'Clock p. m. a verdict finding the de-
PENDANT guilty of petit larceny was re-
turned. The value of the wheat stolen
was fixed at $3.50, one cent less than
the required amount to make the of
Tense grand larceny. One of the rea-
sons why it was difficult for the jury to
arrive at verdict was that there was
no market price for wheat at Kiowa.
Sympathy for Mr.. Rollers family prob
ably figured in the mild verdict. There
is some dissatisfaction in and around
the neighborhood where this and sim
liar Offenses have been committed, but
all will agree that it was better than
hung jury.
The case of David Wilson VS.. O.
Mills, sheriff, was called on SATURDAY.
morning at about $50. Wilson brings
suit against the sheriff for selling un-
der execution certain goods belonging
to the plaintiff to liquidate a debt of
James Wilson. The parties in favor
of whom the execution was run are the
Ft. Smith Lumber Co., Herbert, Spen-
Ger, Bartlett & Co. and the Great West
ern Stove Co., and they, in fact, ere the
real defendants in the case. Making
the sheriff defendant in such cases is
only formal procedure. The defense
sets up fraud and the matter seems
quite complicated. Sample and Blaich
represent the plaintiff, and Noble and
Martin the defense. The case was tried
by the following jury:
ID. ID. German, o. e. Lamport
Leonard OFT, Jas. Binning
81. G. Allen, VIM Shutz
John Luallen, Jas Anderson
Sam. Stewart, Fred Ellis
C. Chadwick, John Mcdaniel.
The case did not go to the jury until
yesterday afternoon, and in about three
quarters of an hour verdict In favor
of the defendant was returned.
On Monday morning VIM. Haines
was arraigned before the court and
plead guilty to petit larceny and was
fined $40, and costs were assessed him,
| amounting to total of $50 10. The
same sentence was givenJames Roller,
| but the cost in his case amount to
$l35.05. Both Haines and Roller were
ordered committed to jail until fine
and costs are paid.
On Monday afternoon Messrs. Hen
derson, Lockwood and Lemont paid in
to the clerks Office the costs in their
respective cases. The following taken
from the records shows what each man
paid: Henderson S135,Sl, Lemont
$59.15, Lockwood $249O. This is a
fortunate circumstance for the county
| but very unfortunate for our Kiowa
friends. The bond which these men
agreed to give, according to the terms
of settlement, was fixed at 500. Upto
this time only one Henderson, has full
| filed the agreement in this respect.
The Case of Beals VS.. Vandivier was
tried yesterday afternoon. Beals
is receiver of the old Garrison
farm and he is suing to gain pos
session. Vandiyier is contesting his
right to remain in possession. The
following jury sat in the case.
| w. b. Springer Amos Ash
/ Jacob Warustaf I'D Montgomery
| Henry Hinze NJ t. Roddy
| John Lyle II. E. Matthews
| g. w. Stevens H. H. Hardy
VIM. Parsons John Gray.
/ The case of State vs.. Walstad will
be called for trial this afternoon at
O'Clock. Walstad is arrested for re-
moving Improvements from mortgaged
property, G. B. Currie being the COM
planning witness.