West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1898-09-29
A BIG SAW-MILL SUIT
Hncklebarncy Breaks Out Again and
Nobody bat Women aud Children
Left at Home.

a bigger attendance than at an ordi.
nary term of Circuit Court.
Minor Fields, Of Herring, is the
plaintiff and the Radabaugh boys,
Wait aud Beverly. sons OF the fa-
nous John Anne" Radabaugh. OF
llacklebarnsy, are the defendants.
Fields holds two notes against them
FOR sl65 each, or $3.50 in all, and i:
bringing SUIT on them to enforce
collection. The notes we've for an
old saw mill outfit that was sold
last spring by Fields and bought
by the boys. They now claim they
were drunk when they bought IT
and did not know what they were
doing. Also want of consideration,
and furthermore, that one of the
boys was not OF age and "out Of
his head" the day of the sale, and
several other pleas. An yhow. they
concluded they had a bad bargain,
and instead of laying low aud try
ing to unload on some one else,
they are trying to craw-fsh. They
have three Of the ablest attorneys
in the State, Hon, w. G.. Brown,
N. j. Fortney aud Henry Clay
Hyde. Old man Radabaugh also
wanted Col. Monroe, but the latter
told him he had a plenty. z. j.
Crogan is holding down the other
side himself.
The trial has lasted three days
now. and will probably not be de-
cided before to. morrow. There
were forty-three witnesses here. be.
sides others who were moned.
In fact, it seems that everv body
who was at the sale was summoned,
and 1T looked like all Hacklebarney
was here. Indeed, we couldn't miss
anybody from that section, and if q
fire would break out in the woods
out there, it would sweep the coun-
try, as there Is no one left to fight
it out.
1t has been real funny to see
"John Ame' sitting up in the
bar by Junior Brown. assisting him
with the case. This brings our
prophecy true, for last spring when
he was here in another suit, we
stated that he was here reading law
with Junior Brown and wonld soon
go to practicing it, and sure enough
now he is at it.
The witnesses were lined up IN
two big classes, like an old fash
Toned spelling match, and after the
swearing was over, they were turned
out OF doors, under the old fogy
idea that a man can't tell the truth
if he hears the other evidence In
the case. Some of the evidence
was rich, aud the lawyers worked
hard on the cross examinations to
make every mar lie, and swear to it
II possible, and some of them came
very lei doing 1T. "John Anne"
was the star witness, and swore
that the boys (his sons) were "hog
drunk" because they were so full
they threw up and wallowed in 1t,
which was what he called "hog
drunk" When Ciogan crossed
him, he shook his fist at him and
swore he couldn't tangle him, and
they wanted to call him back, but
he bucked aud refused to come OF
answer any o questions.
There 10 no doubt but what the
boys we're more or less full on the
day of the sale, as we'll as some OF
the rest OF the crowd. The evil
dsnce was that it was wine and wild
cnerry bitters that produced the
trouble. One witness said he knew
Radabaugh was drunk. because he
saw him trying TO drink out of an
empty bottle, and ne came 10 him
looking for himself and asking hin
where be was at.
The defense admit giving the
notes and getting the property
and we hardly see how they = ger
ont Of paying for it, and a lot o.
cost now besides. Tie records
prove the youngest boy Of age wher
he gave the note, as Hon. Thomal
Fortney, OF Bethlehem, was sum
moned to verify the Assessor
books OF 1876, when he WAS Asses.
sor and returned the birth Of th,
boy. Also A. j. Elliott, OF Tsrri
Alta. was summoned TO prove tn,
census report VI 1880, which b,
made, and returned the boy rs bp.
ing tour years Of age. So that Will,
the defense is ably represented b.
counsel, who are making a GOO
fight, 10 looks like n bad case. Tn
cost Will DO enormous with nearl
City witnesses, who all come from
ten 70 fifteen miles. Neither sid
cared what the cost would be. a
the other side WIS dead sure q
- NrTFt