The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-10-03
CY LELAND'S DOC.
He Got His Owner Into 81, 900
Damage Suit.
Case Comes Up For Trial in
District Court.
MR.. LELAND RELIEVED
Court Decides He Will Not
Have to Pay.
MR.. LELAND RELIEVED
George Hicks Brought the Ac-
ti0n For False Arrest.

two bull pups and a suit for $4, $50 fam
ages claimed the attention of the dis
trict court this morning.
The suit grew out of the arrest of
George Hicks, colored, last April for
the theft of one large shaggy stag
hound from Mr.. Leland Harry Find
lay, Mr.. Leland's son-in-law, and
George Clark. who was in the employ
of the Leland family, were going to
the Indian Territory on a hunting trip
They were at the Rock Island depot
ready to take the train, and had
large shaggy stag hound, Mac" with
them. The dog was attached to one end
of chain and Clark to the other. Mr..
G. Hicks sauntered by and claimed that
the dog was his. Clark claimed it was
Leland's. Hicks unsnapped the dog
from the chain before Clark could pre-
vent him and chased the dog off up the
street. Clark and Findlay gave up
their hunting trip at once and Clark
swore out a warrant for the arrest or
Hicks, who was tried in the city court
on the charge of stealing the dog he
was found not guilty, and then brought
suit against Leland for $4,000 for dam
ages resulting from the arrest He
brought the suit against Leland on the
ground that Leland owned the dog.
Hicks claimed Clark and Leland were
in a conspiracy to prosecute him
The case was commenced this morn
ing before a jury in the district court,
and between the humorous testimony
of the witnesses, the pedigree~of the
stag hound and the sorrowful story of
the untimely death of two bull pups,
there was enough in the case for it to
be set to Gilbert and Sullivan'S opera
"A Trial by Jury"
A M Thomas, the colored lawyer,
appeared for Hicks, assisted by d. IA.
Branaman- Ferry & Doran appeared
Lawyer Thomas informed the jury
that a nephew of Mr.. Leland, Ed Case,
had traded the stag hound to John Lee
for two bull pups, and that therefore
Lee claimed him, and that Lee sold the
hound to George Hicks for So, and that
as Hicks had been Inundated by ar
rest and dragged through the streets
by the officers of the law and disgrace
heaped upon him he ought to have q
good round sum for damages
Judge Ferry, for Mr.. Leland. ex-
planned to the jury that John Lee was
to trade two bull pups for the stag
hound and that Case picked out the
two pups and that Lee trimmed"
them 1t was found that in dogology
trimmed" means the shortening OF
the tail and ears 10Y means of a meat
cleaver, and that Lee trimmed" the
two bull pups so close that they ex-
pired, and he could not induce Case to
accept the dead bodies in exchange for
the stag hound.
In the course of the trial it was dis
covered that Mac" the hound, made
Leland's home his headquarters, but
that nearly all the residents of Ten
nesseetown used the dog for hunting
purposes. Leland explained after tie
trial that twice he tried to give coe
hound to Senator Bill Miller, of Usage
county, and that he never could palm
him off on the senator. The dog had
been shot through the hips and was
rather lame. The dog seemed to be a
universal favorite, for he lived at the
T &c hc 3T7n Of
Hicks home, some of the time at John
Lees and also spent portion of his
time at the home of Hicks brother-in-
law, but he took his meals at the LIE
land home.
Mr.. George Hicks. whose character
had been injured to the extent of 81,
$50 as result of his arrest for dog
stealing. was the first witness called
He explained that he saw Clark at the
"deppo'' with the hound.
II saw Clark and Findlay on the
'deppo' platform with the dog" said
Hicks II says to EN- where are you
the Indian Territory. / said you are
not, Clark said III bet 81 we do L
said you won't for that is my dog. I
unsnapped him from the chain and
gave him a kick and sent him home"
The testimony proved that had Clark
put up the 81 he rashly said he would
bet he would have lost. Hicks testified
that his arrest on the charge of steal
ing the dog was dead against his own,
personal wishes and that he did not rel
ish the idea of being arrested at ali.
Did you pay taxes on the dog?" ask
ed Lawyer Thomas.
Il paid taxes to Mcconnell the dog
man." replied Hicks and the court look
sembled JoJo, the dog faced boy. It
was discovered that dog man meant
dog tax collector.
Lawyer Thomas at great length prov
ed that Mr.. G. Hicks is a. young man
of exemplary habits, industrious and
never before been arrested. He lost
job shoveling 35 tons of coal a, day at
five cents a ton, on account of his
rest
After you were arrested did you go
out any2" asked Lawyer Thomas.
NO. / did not want to go out after
1 was arrested for stealing a dog. L
always went to church, to Sunday
school and to the literaries and socials
but l have not since"
John Lee, cclored, who trimmed the
two bull pups close that they died
was the next witness called. He ex-
planned about the sad end of the pups
and heartlessly told of his decapitation
of their tails and ears and their I'M
timely death.
Hugh Hicks, a brother of the man
who wanted $4,000 damages. was the
next witness.
did you ever see Mr. Leland at his
house?'' asked Lawyer Thomas
We'll, 1 saw that man there" said
Hicks pointing to Clark, and I didn't
know al the time whether he was Mr..
Leland or not"
Clark is the $50 pound man who play
ed guard on last years Washburn foot
ball team He explained that after
wards he discovered that Clark was not
Leland He went to the house again
and saw Leland on the front porch. He
knew who he was then
Il r II,
for?"
ITO get the dog
WAS Mr.. Leland there7''