The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1897-09-17
SETTLED OUT
OF COURT.

"The most remarkable civil action |
ever heard of, said well-known at
torney to a group of friends at the Law
yers' Club, was case tried in one OF
the circuit courts of New Jersey some
fifteen years ago. As | happened to be
one OF the counsel In the case, ! remem-
Der the facts. and | have never seen
any record of a similar lawsuit.
This case was tried before the late
Judge Gaines. and was entitled. Stacy
vs.. Parton. and Parton VS. Stacy. for
there were counter actions growing out
of the same state OF facts. George
Stacy lived In a small town on the Up
per Delaware River, and owned a truck
farm some three miles up the valley
from his home. His farm lay along the
bank of the river, and he shipped vege-
tables In season to New York and Phil
adelphla. besides supplying the local
market. He had good trade in the
village. and kept a small fiat-bottomed
boat which he used to transport his
stun from the farm.
STACY would load the boat with veg
etables at the farm in the early morn
Ing. and float down stream to the town.
When he had sold out 1t was matter
Of an hours hard work to row or pole
the boat back. but II was cheaper than
keeping n team. The man lived In n
small house near the river on the south
side of town. He was n widower about
30 years old, and had a family of sew
eral children, all of them grown up.
"Across the street from Stacy lived
Mrs. Caroline Parton. a widow, who
was few years younger than the farm
er. She, too, had several children, all
about grown. Mrs. Parton owned
small tract Of land just above her cot
tage, where she pastured n number OF
COWS. She sold milk and butter in the
town, and. with keeping a few board
ers and taking in sewing. managed to
earn a comfortable living.
zone morning Stacy came to town
with load of fresh cabbage on his
boat. He drew his frail craft up to the
bank at the usual landing place. and
secured 1t there by tying rope around
a stake In the ground. The other end
OF the rope was fastened to one of the
oar locks on the boat. Leaving boat
and cargo unguarded. he went up to the
town market to sell his stock
1T happened on that particular morn
ing that one of Mrs. Parton's most val
liable milk cows had jumped over the
pasture fence and was browsing along
In hanI Of tho rfV Ia. oil 81
fresh cabbage reached the nostrils Of
the COW, and as Stacys boat lay full
length along the bank II was an easy
matter for her to step aboard. where
good breakfast lay unguarded.
''Some of the neighbors saw the wild
ow's COW eating the farmers cabbage
but for some reason. never explained
why they did not inform either of the
parties at interest. 1t may seem strange
that COW should turn from crate
OF fresh cabbage to chew a cotton rope
but that was what really happened
The result was that her sharp teeth
soon cut the rope in two. and then the
boat. freed from Its moorings, began to
tloat down stream.
STACY. coming back from the mar
ket. was startled TO see his boat drift
ing down the river with a COW standing
In the bow lashing her tail In fear and
believing aloud for aid. Mrs. Parton
heard the voice of the favorite of her
herd and reached the bank of the river
at the same time as the farmer.
The current was strong and swift at
that point and there was not another
boat in sight. Half a mile below the
town some big jagged rocks rose out of
the water near the middle of the river.
Stacy's boat was caught In swift
eddy. and while the owner looked on
helpless to do anything the frail craft
struck broadside on a sharp rock. 1t
recoiled from the blow. turned partly
around aud sank In mid-stream.
Mrs. Parton's COW evidently could
not swim. or else the current was too
strong for her. She went down with
the boat and did not come to the sur
face again.
The farmer swOre softly when he
saw his boat 70 down and the widow
threw an apron over her head to shut
out a sight of the death struggles of
her favorite COW. Then the two neigh
bors watched the river for few mo-.
ments In silence.
when they turned away Mrs. Par
ton was the first to speak.
My cow was worth every cent OF
$40, Mr.. Stacy. You know how poor l