North Park union., 1899-01-27
INTERESTING !a1!s.
DEvBLoPED AT WHDNISDAYFS
HHARINo--1URT 11ID
BOUND OVER.

Tho preliminary hearing held before
Judge Bsckwith Wednesday resulted
in the defendant, Burt Reed. being
held under $3.50 bond to appear before
the District court at tho March torn.
The defendant iu tho above case 10
one Of tho stage drivers on tho WAL
den-Laramio liue. About three weeks
ago the Piukhsmton post ofice was
moved from the old nkhamiou rauch
to the King ranch. which lies about
two aud a half mIics west Of the
county road. compelling the drivers to
make deiour Of dve niiles to reach
the post ofacc or leave the. county
road and cross = aeld owned by Johu
Payne. bu, at this time leased to Jack
Hunter. Mr.. Payne not desiring 10
have public road run through his
ranch notified Mr.. Comley, tho pro-
prietor o: tie Stage line. TO this effect
rud asked him to have his drivers stay
on the public road and not eros, his
field. Mr.. Comley replied that II was
necessary to make au attempt to get
through tho deld with tho mail, bu, II
he, MIR. Payne, would notify the
drivers that the fence was cloacd and
that he forbid them to cross his pro.
per,y tha, they would turn back and
follow the county road. Ed Anderson
also ax!river for Comlsy. was stopped
by .ir. Payne aud informed that the
fence had been nailed up and wac
warned not o cross the field. Mr. Andcr-
sou promptly turned back and followed
the sold trail A few days after
this Mr.. Payne me, Mr.. Reed at the
fence that separates the field from the
county road aud notified him that the
fence was closed and warned him not
to cross the field. .,ir. Reed said that
he must go through the field and
asked Mr.. Payn" II he intended TO
stop the United States mail, 10 which
MIR. Payne replied: "lf you tear the
fence down you do so al your own
risk Tae matter was talked ever for
nearly an hour, when Mr.. Reed went
to hi. sleigh aud procured All AK with
which he proceeded to knock Of the
rri"y t-,ycrr nailed up ~ hero thebk,s
,,d id [S,n.ty bc.-sDd d-ovc hroutlt
Mr.. PAYNE ut once sworo out war
rant for the arrest Of Mr.. Reed, chnrg.
ing him with malicious m'soheif
The warrant was served by Constabl,
Walker who brought the prisoner to
town where he was released on bail.
Milt Moore acted for the pros ecution
II. f Sturdevaht had charge of til,
defcndanrs side OF the ease The
trial brought out some very fiae points
OF law bearing on the rights of land.
lord and tenant.
Tas ground taken by the defence
was, that when a landlord gives lease
| on his property to another for Ger.
tain length of time. that he foriiets ali
control of the property until tho ex.
pirstiOn Of the lease, unless the land.
lord can prove that the tenant 10 dam.
aging the property in any way or il
not fulfilling the conditions OF the
lease, when legal steps could DO taken
to evict the tenant. AS no such
measures had been taken by MI
Payne, the defence claimed that the
coutrol of the property remained with
Mr.. Hunter through virtue Of the lease
aud from whom the drivers had re.
ceived permission to cross the field.
The prosecution argued that slease
given by = landlord TO tenant, does
not necessarilygive the lessee exclusive
control Of tho property. and that land.
lord can step In at any timo aud as.
sumo control where the tenant 10 dam
aging or allowing others to damage
the property. The prosecution in this
case believed that 10 making a public
highway across the field would be
consiiered damage. The prosecu-
ton also set forth that Mr.. Hunter had
forfeited his rights by not keeping up
the fences that inclcsed the field, thus
making the permission obtained IRON
Mr.. Hunter of no value.
The case was started rot merely to
prosecute Mr.. Reed for trespass, but to
determine ;he relative rights o control
between landlord aud tenant. The
outcome ofthe case will be watched
with some Interest by the property
owners OF this section as the final
dc eeision will have a direct bearing
on their interests.
HIoRER EDUCATION.