Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1900-02-14
DISTRICT COURT.

After calling the docket on Tuesday
of last week. Judge Gillett took up the
motion of L. Z. Golf, trustee of Kiowa
township, to quash the peremptOry
writ of mandamus issued in chambers
about six weeks ago, ordering Mr.. Golf
to approve the bond of James M. Green
as road overseer of District No. of
Kiowa township. Mr.. Green received
few votes for road overseer of dis.
trict 3, but the township contains no
such district and, of course, Mr.. Golf
could not comply with the writ. When
the facts were presented to Judge Gil
lett he sustained the motion to quash.
Mr.. Green had been regularly elected
as road overseer of the township and
Trustee Golf was about to approve his
bond as such when the county attorney
intertered. AS soon as the writ was
quashed Mr.. Golf did as he had pro-
ceeded to do in the first instance, and
approved Green's bond as road over.
seer Of the township.
The first jury trial was in the case of
State VS.. Chas. McGarrah, and verdict
of guilty was rendered with recon-
mendation of leniency by the court.
McGarrah was charged with stealing a
stray mare from Scott Moomaw's pas
ture in Valley township last summer,
and selling it. VIM. Jones, alias Xxi
Owa," who assisted him, had his trial
at the October term and was found
guilty and sentenced to imprisonment
in the penitentiary one year. q. M.
Martin defended McGarrah. The fol-
lowing composed the jury in the case:
p. ID. Lake A. E. Ellis
J. Z. Stattler j. r. Dunkln
Thos. Parr Jas. Crawford
A. FL. Callison Jas. Neal
G. E. Hickle Ed. Rule
Jerry Mussen Arthur Murlett
The defendant will ask for a new
trial and if the motion is overruled the
case will 60 to the supreme court.
The case of State VS.. Ernest Hogard
was tried with the following jury on
Friday and Saturday, and a verdict OF
mot guilty" was returned Sunday
night at O'Clock:
j. F. Albright Jerry Mussen
Jacob Stroll Otis C0yle
G. E. Hickle j. G. Clayton
>. j. Cole A. l.. Duncan
Alex Harris Arthur Murlett
G. F. Ware il. Davis
This was the principal criminal case
of the term. The charge was seduction
under promise of marriage. On De-
cember ii. 1899, Lola M. higgins, gave
birth to child and few days follow
Ing. her father, VIM. higgins, caused
the arrest Of Ernest Hogard. The pre-
liminary hearing took place January
IL, 1900, and the defendant was bound
over to await trial at the district court
on bond of $500. The testimony in
the case was Of great length and many
witnesses from Elm Mills township
were in attendance. The contention of
the state and prosecutrix was that Err.
nest Hogard had frequent intercourse
with Lola higgins and that 1t was &C.
complished under promise of mar
riage. The defendant did not deny
haylng relations with the prosecutrix
but denied that there was a promise of
marriage, and claimed that at The time
of such relations the prosecutrix was
older that the statutory age of 81 years.
which the state and prosecutrix denied.
The county attorney was not assited in
the prosecution. Ellis & Ellis were
the defendants attorneys. Fatal errors
in the preliminary trial had much to do
with weakening the prosecution. :.
Miss Higgins has no mother. and her
father is a cripple, having lost an arm
number of years ago. She has been
managing the household affairs for her
father and taking care of her younger
sisters and brothers, for the most part
since her mothers death. She has
many friends who deplore her misfor.
tune and it is universally regretted that
the matter was not settled in a salts
factory way out of court.
Both the girl and the boy are of high
ly respected families and good citizens.
In the case of state vs.. Frank Kenne-
dy the following jury was secured:
ThoS. Parr A E Ellis
F Albright Otis Coyle
j g Clayton 81 Cole
A L Duncan RV Cant
CIV Kidd q Sims
John McDaniels Ell Williams
The case was called on Monday morn |
ing and at IL o'clock at night it was
submitted to the jury. Kennedy was
arrested on three counts: first, feloni |
Gus assault with intent to kill; second, |
assault and battery; third. assault. The
jury, after being out about three hours.
returned verdict OF simple assault. |
The fact in the case IS that Kennedy