Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1899-02-22
DISTRICT COURT.

Robert 7. Noel was convicted of
evening. The case went to the jury at
3 o'clock; they were out less than ha f
hour. The jury agreed OH the verdict
on first ballot. Noel will be sentenced
at the end of the term. Motion for a
new trial was filed by the defense yes
terday. Mr.. Sample relies largely up
on the fact that the county attorney
used infiammatOry language in address
sing the jury, for new trial.
In the Fuller case Judge Gillett re-
leased the defendant on writ of babe
as corpus. Judge Gillett holds that the
action of Judge Mckay in permitting
Seward l. Field to receive the verdict
In the October term of court was wrong
and that the defendant could therefore
not be held for further trial. JudgeMc-
Kay always contended that he did not
err in this matter but it is not strange
that Judge Gillett should decide to the
contrary. The bar Is about equally d.
7ided, all of which goes to again prove
The Garten rape case was again call
ed for trial on Friday and at noon tt 9
following jury was secured:
G A Bucklen Taylor
L c Vandivier SH Dicks
F c Colburn Thos Murphy
Lewis Balding D F Burns
OW Rule John Wilhelm
L w Lusk Sam Cole
The case went to the jury at IL a. m.
on Saturday. They remained out until
1870 at night when a verdict of guilty
was returned. Everybody is familiar
with the history of this case and it is to
hoped that the like of it will never
again be inflicted on the public. The
lowest penalty for the offense is five
years in the penitentiary and the only
thing now between Geo. Garten and
tie state prison is the possibility of n
new trial. The case has been a great
expense on the county, having been
tried four tlmes-three times in the
district and once in the justice court.
Two juries disagreed and it required
about IL hours for the third to agree on
| verdict.
Henry VS.. Lane was dismissed with
out prejudice, on motion of E. Blalch,
plaintiffs attorney. This is the case IN
which j. E. Henry of Kiowa, brought
an action for damages against Marshal
| Lane for false imprisonment.
State vs.. Buchanan was dismissed on
motion of the county attorney. A.Buck.
man was arrested for alleged DISPOSE
tion of mortgaged corn. The state had
a weak case and the action should new
or have been brought. Jack Sparks was
J the complainant.
The Bunk Bailey case was called or
Monday and tried by the following
jury:
Geo Austin GA Blackmore
] "A Lyle EFT Chance
6 W B Derrick Govan Mills
NJ E Booher Thos Murphy
Nv Kritzmire G Rhodess
WP Gibson DIN Morlan
In this case j. w. Bunk sued II. A
Bailey for an amount claimed on cat
tie deal. Something ike a year ag
} Bailey sold bunch of yearlings t
Bunk and after the cattle were deliv
, cred Bunk claimed that Bailey with
held one of them. The jury were con
siderably perplexed and one of ther
told us that it looked like the attorney
in the case had set trap for them bu
.. he said all of them got over it withou
, even having toe or finger caught. Th
, jury found for the plaintiff in the SUI
!. of ST.. This throws the costs on de
, PENDANT Bailey.
2 A few foreclosures were disposed q
, on Monday, in which Judge Gillett Wa
, an interested party, and E. Sample wa
? made judge pro tenn.
The regular jury was excused for tn
term on Monday.
The case of Simpson VS.. Brown e
al, 1.-THE INDEX easel was dismisse
!. without prejudice. on motion of til
; plaintiff.
Court will adjourn today.
John 7. McGrath was In from Gag
township last Friday.