The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-04-17
WHERE Is
THE HORSE?
Po88eSsor Is Found for Pacing
Stallion, Wichita Tom
BY DECISION OF JUDGE DALE
Famous Case Has Finally
Been Settled.
BY DECISION OF JUDGE DALE

Yesterday It was decided By Judge Dale
that Walter Parker Of Texas was the
rghtfuI owner Of Wichita Tom. a fam
Gus pacing stallion. but 4Ir. Parker win
have the pleasure Of hunting up the
horse before he can get possession Of
him. Wichita Tom has been IA the courts
for seven years, that is the question Of
owning him. and now when his owner is
found the horse has disappeared. Some
say he is in Texas. while others say he
is dead
Yesterday Judge Dale ordered the jury
in the Parker vs.. Gilmore case TO bring
III a verdict for the plaintiff ard thus
ended one Of the oldest and most e-1-
pensive cases in this court. IL was all
over horse, and IN the seven years the
matter has been In court the costs have
probably amounted 10 more than the
horse was worth. certainly more than the
original amount OF the suit.
]. v Daugherty was the attorney for
the plaintiff, and Amidon & Comfy for
the defendant
On june Is. 1885. A ". Reed Of Wlch-
ita Fails. Tex, was the owner Of
pacing stallion called Wichita Tom. On
that date he made a mortgage or the
horse to Walter Parker. Of the same
place, TO secure debt of SIS and i'm
terest- BY the terms Of the mortgage
the horse remained in possession Of a.
". Reed. and a short time thereafter a.
W. Reed allowed his brother, Robert
Reed. TO take the horse TO certain fairs
in Texas TO enter him on the race track
Chandler. Sheridan Gilmore and Verne
Maulsby, and it is claimed by Gilmore
and Chandler that Robert Reed entered
into an arrangement with Gilmore where
by Gilmore was 10 take the horse and
take care of him and pay certain en-
trance fees. and Gilmore did take pos
session of the horse and take him 10 sew
eral fairs and race meetings IN Texas af-
ter he had received him from Robert
Reed at Dallas. Texas
After he was through with the horse
at those places Gilmore and his friends
did not return the horse to Robert Reed
or anybody else. but shipped him 10
Wichita. After he had reached Wichita
Gilmore brought suit in the district court
to recover claim of 1865. which he
claimed at that time was due him from
Robert Reed, and in that suit had an
attachment issued and under writ Of at
tachment Rufus Cone, who was sheriff
at that time. levied on the horse and took
possession Of him and after judgment
was rendered by default proceeded to
advertise the horse for sale.
Parker, the mOrtga gee. discovered that
the horse had been sent TO Wichita and
sent his Representative here to claim him.
and found that he had been attached
q the suit Of Gilmore against Robert
Reed, and when the demand Of Parker
for the possession of the horse had been
refused Parker commenced an action in
the district court in repleVin. claiming
that he was entitled to the possession Of
his horse under the mortgage
Gilmore and Cone answered. claiming
% o. s. fIrr of ho
before attachment Verne AIaulsby fled
his answer i'm the case. claiming that ne
was entitled TO the possession OF the
horse under a lien for feed and care.
on the trial OF the case the jury found
that Maulsbv had no claim for care.
but found that Gilmore was entitled to
the possession Ct the horse under his
attachment. Parker took the case to
the supreme court. where Ii was reversed
ard sent back for new trial as be-
tween Parker and Gilmo-N and Cone
on the second trial, which has Just
ended, Gilmore attempted to abandon his
attachment lien, but claimed that he had
a riEht to the possession of the horse
to secure him for feed and care. also
that his claim was prior to the mort
gage
Judge Dale held that there was no
evidence offered showing that a. W
Reed. the owner Of the horse. or Parker,
any way that the horse be turned over
TO Gilmore or brought TO Kansas. and
that without the consent Of the owner
the possession of Gilmore was wrongful
and Gilmore could not obtain p lien
for feed and care, and court being u
that opinion directed the Jury 70 bring tn
"A verdict in favor OF the plaintiff and
against the defendant. The case was
vigorously contested and ail of the au-
thorities on both sides OF the question
presented 10 che court
Yesterday morning a man named Samp-
son had q very narrow escape from death
right up IA front OF the court house on
llain street lie was in q spring wagon
and driving two horses. As he Went 20
turn around the rig upset. The horses cot
scared and an They dragged the man
the length Of the block ard then stopped
lie vos brit slightly injured for De got up
and getting his wagon rigLt SIDE ZAP drove
away