Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1904-04-08
GREAT SUIT OVER A STEER.
Six Trials and $4,000 Costs a Side up
to Date.

TO pdte.
Farmers John Massengale Of Macon
county, Mo-, and Elijah E. Rice of
Charlton county are getting ready for
the seventh hitch over the scrub steer
to which each lays claim, says a cor
respondent Of the New York Sun. The
case is docketed for the April term Of
circuit court of Howard county, at
Fayette. It has been estimated that
the litigants are now out about 5000
apiece on court costs, attorneys fees
and incidentals. When the contro-
versy originated in September, 1899,
the subject Of 1t, very ordinary ami
NAL, was valued at little less than
$50.
Here is a list of the trials and re-
suits up to date:
First trial Justice court). disagree
nent. o.. 20.
Second trial Justices courD, ver-
dict for Massengale.
Third trial tcircuit court), disagree
ment
Fourth trial (circuit courD, verdict
for Rice.
Fifth trial appellate court), re-
manded; victory for Massengale.
Sixth trial (circuit court. disagree.
ment.
Squire M. j. Lanes justice shop was
the original tribunal. Since then these
have heard the case: John P. Butler,
John A. Hockaday, circuit judges;
Jackson L. Smith, James Ellison, E.
]. Broadus, appellate judges. The
| case is now before Judge A. H. Wal
ler. Meantime. the two lawyers In 1t,
D. r. Hughes Of Macon and Bert D..
Nortoni, have been reinforced so that
| there are now four on each side, with
| indications that the legal forces will
be further augmented at the coming
trial.
When the witnesses are all together
1t looks like a political gathering. At
first there were only those who had
seen the steer, and were sworn as to
its identity; but at each subsequent
trial the number Of witnesses has been
increased, because Of conversations
that have cropped out between the
parties at interest. which were over
heard by bystanders, and which the
attorneys think are important.
John Massengale, the plaintiff, was
known in Wyoming In his early ranch
ing days as Missouri john" He Is
more than six feet tall. broad shoul-
'dercd, and has an irongray mustache.
IIe Is 81 years old.
The true cattleman would rather
sacrifice every head Of stock on his
place than admit he could be mistaken
over the identity Of an animal that he
had called his own. About twenty five
years ago Mr.. Massengale became in
volved in a lawsuit nearly as fiercely
fought as this in which he is now en-
gagged. He was ranching with a part
ner near Carbon, Wyo. An old, de-
crepit cow strayed off the range and
was taken up by a man named Wess.
Wess and Massengale were good
friends and they might have settled the
matter, but unfortunately before COM
promise was effected Wess died, and
friends of the widow volunteered to
swear in court that the cow had be-
longed to her husband.
Massengale got out a writ of re-
plevin and the case took about the
same course as that pursued by his
present one with Rice. One day while
the trial was proceeding in the cir
cult court a witness for the widow
stated that he knew it was her cow
because it had full set Of upper and
lower teeth; he had examined the
cows's mouth, he said, and he knew.
Thereupon Missouri John," who sup
posed that courts Of justice regarded
all things else as Of minor Importance
to the truth, arose and remarked:
You're a damned liar. sir! Cows
don't have upper front teeth"
The information was not appreciated
by the old judge, who promptly fined
the frank litigant $25, and ordered
the sheriff to take him in charge un-
til the money was paid in. At that, a
number Of stockmen rushed forward,
flashing rolls Of money.
Here's the money, judge!" came in
chorus. "Pll pay Missouri Johns fine!"
These demonstrations rather startled
the judge, who suddenly became aware
that the plain-looking ranchman was
man Of consequence. Massengale
had the money in his pockets, but be-
fore he could produce 1t the judge re-
mitted the fine and told him to con-
tradict the witnesses in a less en-
phatic manner next time.
Massengale won the case in the low
er court, and the widow, still following
the advice of her friends, carried 1t
up to the supreme court. 1t was there
affirmed, and of course, that termina-
ted the litigation. On the day the de-
cision reached him, Massengale pick
ed out the best cow and calf on the
range, and with the consent Of his
partner drove them over to the widow
and made her a present Of them. He
also paid all the court costs.
II showed 'em I was right, and 1t
was worth the trouble" said Missouri
John. II never had any feelings
against the widow, and if she had
ever NEEDED any money while the suit
was on, and had come to me, shed
'a'got it. But when it comes to tell