Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1900-04-05
CATTLE HErD1He DEFINED.
Judge Moore Makes an Important
Ruling in 0illett Case,

cision:
Judge Moore gave his decision on
the Gi!lett cattle case this morning.
He decided that Brogan and the Ross
brothers had been overpaid but that
Harrington had been underpaid $3.50,
for which he was given judgment.
Argument Of the case was closed last
night. While the title Of the case is
Third National bank Of Springfield,
Mass. vs.. G. 6. Gillett. it is really a
suit Of the feeders Of certain cattle
for an increase Of pay brought against
the holders Of paper on the cattle. A
number Of out.Qi-town lawyers were
here representing these mortgage
= holders but the real conduct of the
case was lett to the Madden brothers
for the mortgage holders and to Judge
Kellogg and Frank Brogan, Of Omaha,
for the feeders.
This decision is regarded by cattle
men as one Of the most important de-
cisions for cattlemen that has been
made in Kansas. Foryears they have
used the terms trough fed, half fed
and full fed" but yesterday, for the
first time, rough feeding was defined.
The Judge said that it should include
such feed as hay, cane and kafiir corn
barring the grain and such other
stalk feed as is usually classed with
roughness. He also said that small
amount Of corn might be used with
out raising the quality Of feeding
above that Of roughness.
The attorneys for the feeders intro
duced as witnesses the feeders them
selves, Robert Mahaffey, J. o. Rayl,
Shepherd, Sutton and Lee Roth. The
testimony given by the feeders was
the quality Of the stuff fed and their
opinions Of its value. 1t included an
unusual quantity Of kaffir corn and
some Indian corn. The most Indian
corn was used by Harrington. They
had been allowed $l.60 per head, but
claimed that on account of the intense
cold they were compelled to feed
more stuff and Of better quality, to
keep the cattle up, and that this had
put them to a much greater expense.
The testimony Of the other witnesses
tended to prove their statements and
to show that such stuff as was fed
was too valuable to be paid for at
SLIGO per head.
The opposition submitted the testi-
mony of Tom Acheson, j. W. Osborn,
Lee Wright, I. j. Whitley, Carl Ma
ton, H. M. Abrahams, j. o. Work.
man and John Atyeo. No particular
effort was made to rebut the testi-
mony that had been given concerning
the values Of the individual materials
used in feeding, but to establish the
meaning Of rough feed and its value
at that time. All agreed that certain
forage stuff should be included and
some said that some Indian corn
corn might be used.
In the judges ruling he fixed the
price of rough feeding at $l.25 and |
corn at 25c bushel. Since 81 60
had been the amount agreed upon as |
the payment for rough feeding he |
found that Brogan and Ross Bros. i
had been overpaid, but no judgment ,
was given against them. Brogan had ,
been overpaid $50 and Ross Bros. {
$780, Harrington who was paid y
$270 had fed the largest amount of +
corn. There will be no appeal taken. a
Judge Randolph opened court in
Chase county today and the last chap.
tiers of the Gilett cattle story were il
closed. The money for which judy [
ment was given to the note and mort u
gage holders of Gillett months ago on
the case of the Third National bank
Of springfield, Mass, VS.. G. G. Gillett y
was apportioned by the Judge this :
afternoon, Thirty thousand dollars
were involved, but the court could n
not apportion it until the feeders case I
had been disposed Of This was done v
yesterday morning. The various !.
claimants had come to an agreement +
concerning the amounts due each and
today the amounts were formally t.
given by the Judge. a