The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-12-21
ECHO a COWBOY WAR.
Damage Suit Being Heard in the
Federal Court.

Eeoeral Court
\ damage suit growing out Of
fight between two rival cattle com
panies over a large range in Rawlins
county last summer is being heard be
fore Judge Hook in the federal court
today. The suit is brought by W l.
HearDe against DorWin Higley, SherIn
OF RaWliEs county red 3. Glover,
cattle man. and the Seigel- Sanders Live
Stock Commission company. of Kansas
City. Mr.. Hearne asks for $1,000 dam
ages from the defendants for false ar
rest and imprisonment
Early last spring Mr.. Glover. who
was the agent of the Seigel- Sanders
company, claims to have leased 10000
acres of grazing land, known as Oak
Ranch, west of Atwood in Rawlins
county. The Dewey Cattle company,
an Illinois company which has its head
quarters at Manhattan and which deals
extensively in Kansas cattle. also
claimed TO have a lease on the same
range
Each company employed a large num-
Der of OWbOys, and during the early
summer the Dewey company drove in
about 500 head of cattle to pasture on
the range About the same time Mr..
Glover and his cowboys drove in about
+uu head. part OF which belonged 10
Glover individually and the rest to the
Setgel-SanderS company A clash fol-
lowed First the Seigel-Sanders cow
boys would drive out the Dewey cattle
and run their own in. and then the
Dewey cowboys would retaliate by
driving the Seigel-Sanders cattle out
On one or two occasions revOIvers We're
drawn and a battle between the OppOs-
ing forces seemed imminent but blood
shed was avoided by the wise cOunsels
OF the cooler heads.
Among those who were in charge Of
the Dewey cattle was Chauneey Dewey,
son OF the proprietor of the Dewey Cat
tie company, who had come west TO
rough it for a few months W. L.
Hearne was an acquaintance OF his He
lives in PittsbuFg, Pa, and his father
IS extensively interested in Pennsyl-
Vania iron mills. He graduated from
college last spring. and as he was in
poor health Chauncey Dewey invited
him to come out to Oak Ranch, spend
the summer on horseback. and let the
Kansas ozone restore him TO health.
Just about that time Mr.. Glover had
become tired of running the cattle back
and forth. and he had gone before Judge
A c. T. Geiger, at ObeTlin, and secured
a restraining order TO keep the Dewey
forces OF the Oak Ranch range, pend
ing the trial of an injunction suit. The
injunction was serveu just before
Mr. Hearne's arrival.
The Dewey men. 1t is claimed. disre-
garded the injunction and continued to
Craze their cattle on the Oak Ranch.
Glover had a blanket warrant sworn
out against II of them, charging them
with contempt of court in violating the
injunction. The warrant named two or
three of the principal ones. and the
rest We're designated as John Doe,
had been given
The warrant was placed in the hands
of Sheriff Figley, who was instructed
to bring the alleged culprits before
Judge Geiger at Oberiin. The sheriff,
accompanied by his deputy and Mr..
Glover, went to Oak Ranch and arrest
ed everybody in sight seemingly, gath
eFing in Mr. Hearne among the rest.
The sheriff had two Surveys and a
buggy or two at his command, but
these were not sufficient to take all
his prisoners to Oberlin, and he asked
the foreman of the Dewey forces to
provide transportation for those whom
he could not himself manage The fore
man agreed to do so, and the sheriff
started with his cavalcade, partly in
vehicles and the rest mounted, across
the prairies. bringing them in triumph
to Oberlin. The captives were not lock
ed up but were simply told not to leave
town until Judge Geiger had considered
their cases
When Judge Geiger understood thai
Mr.. HeaTne was simply a visitor at
Oak Ranch who had arrived since the
injunction had been served, and who
was in no way responsible for the viO-
latiOn of the injunction, he was prompt
" discharged. but this was not suff1-
Cient Mr.. Hearne filed a suit in the
federal court. asking for IS GOO damages
from those whom he held espOnsibIe
for his arrest for the indignities which
he considered had been heaped upon
him. and the case is now coming to
representing Mr. Hearne. and TulIy
Scott of Oberlin, and A NJ Harvey of
Topeka, are defending the suit.
After the plaintiff had introduced all
his evidence today Major Harvey filed
a demurrer to the evidence and started
TO argue il, but Judge Hook sustained
the demurrer SO far as the Seigel-San-
ders company was concerned without
any argument. on the ground that Mr.
Glover had acted as an individual in
causing the arrests and not as the
agent of the company The demurrer
was overruled as to Sheriff Higley and
Mr.. Glover.