St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1897-10-08
This $40 Hog Cost $1,000.

1t now develops that the most IA
nous $40 hog, the subject of litiga'
ton between Noah Kingsberry and
John thinner, will cost the latter. the
defendant, not less than $4,000
The celebrated case of Howard
county brought here on change Of
venue from the Fayette circuit court,
was decided in the Randolph circuit
court yesterday afternoon. The case
was called last Saturday afternoon,
and went to the jury Monday even
ing. On Tuesday the jury awarded
a verdict in favor of the plaintiff,
Kingsberry, for 81 damages, which
leaves thinner, the defendant, TO pay
the costs, amounting to over $1,000.
There are also two Islander cases
growing out Of the hog case. One OF
them has been compromised, and the
other probably will be. The full
amount of the costs in the three
cases, including attorneys fees, to be
paid by defendant, will aggregate the
large sum mentioned.
The hog case is known on the
docket as that of Noah Kingsberrv
against John Zimmer. The court
history OF the case would fill a book,
and among the lawyers it is regarded
as one of the most famous cases ever
tried in the state of Missouri. 1t
was suit for possession OF a hog
valued at $40. Noah Kingsberry
and John Gunner live on adjoining
farms in Franklin to wnship, Howard
county, near New Franklin. About
year and half ago a hog strayed
onto runners farm. Kingsberry
identified the hog as one o, his, and
sent to Zmmer for it. thinner re-
fused to give it up, when Kingsberry
began suit for its possession, giving
a replevin bond. The court ordered
the constable to take the hog from
Zlmmer and restore it to Kingsberry.
In the first trial of the case, before
a justice of the peace, there was
mistrlal, and new trial was ordered
The second resulted in a verdict in
favor of Kingsberry. An appeal was
taken by Zmmer to the circuit court
OF Howard county, and when the
case came to trial it resulted in
second judgment in Kingsberry's
favor. Owing to the alleged miscon-
duct of one of the jurors, the judg-
ment was set aside and a new trial
ordered. Runners attorneys 1t once
entered motion for change of
venue, which was granted to this
(Randolph) county, with the result
as given.
One Of the Islander cases growing
out OF the above was that of I'D"
P. Miller against John Gunner. The
plaintiff claimed that the defendant
charged him (Mller) falsely with
forging his (Miller's) mothers name
to note for $1,000, which note was
given to Zmmer, Miller claiming
damages to the amount Of $4,000.
This has been compromised by Zim-
mer releasing Miller OF the payment
ct the note and interest and paying
Mller's attorneys $3.50 fees and the
court ali the costs in the case.
The other Islander suit is that of
Ed" Kingsberry against John I'm
mer for $4,000 damages. ED"
kingsberry sets out in his petition
that the defendant. Zmmer, called
Kingsberry liar, hog thief, ETC., in
the presence of other parties, and
that his character was damaged to
the amount claimed in his petition.
Thecompromise proposed in this case
is that the defendant pay the PLAN.
tlh's attorneys 500. the plaintiff
$500, sign libel" and pay all the
costs in the case.-[Moberly (Mo.)
Dispatch to the Globe Democrat.