The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-04-07
GREAT LAW SUIT
OVER SCRUB STEER
Six Trials and $4,000 Costs
a Side Up to
Date.

MACON, Mo, April 6.-Farmers
John Massengale, of Macon county.
and Elijah e. Rice, of Charlton coun
ty, are getting ready for the seventh
hitch over the scrub steer to which
each lays claim. The case is docketed
for the April term of the circuit court
OF Howard county at Fayette. 1t has
been estimated that the litigants are
now, out about $4,000 apiece on court
costs, attorneys fees and incidentaIs
When the controversy originated in
September, 1899, the subject of it. a
very ordinary animal, was valued at
a little less than $780,
Here is a list of the trials and re-
suits up to date:
First trial Justices COURT, disa-
greement
Second trial Justices COURT, verdict
for Massengale
ment.
Fourth trial Circuit court), verdict
for Rice
Fifth trial appellate cour), remand
ed; 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. J.
Broaddus, appellate judges. The case
IS now before Judge A. H Waller
Meantime, the two lawyers in it, D. r.
hughes, of Macon, and Bert D. Nor
toni, nave been reinforced so that there
are now TOUR on each side, with indi-
catlOns that the legal forces will be
1urther augmented at the coming trial
When the witnesses are all together
II looks like political gathering. At
nrst there were only those who had
seen the steer, and were sworn as to
1tS ldentlty; but at each subsequent
tr1aI the number of witnesses has been
increased, because of conversations
tnat nave cropped out between the par
tles at interest which were overheard
by bystanders, and which the attor-
neys 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-shOuIder-
Tq, ana mas an iron gray mustache
He is sixty-four years old.
The true cattleman would rather sac
r1f1c 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.. MassengaIe became in
Volved in 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 a
compromise 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 repIevin
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 circuit court a
witness for the widow stated that he
knew it was her COW because it had a
full set of upper and lower teeth; he
had examined the cows mouth, he said.
and he knew. Thereupon Missouri
John" who supposed 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
W IAC OAu JOOSS1 VIII uuSQ
the frank litigant SIS, and ordered the
sheriff to take him in charge until 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. I'll pay Missouri Johns fine!"
These demonstrations rather startled
the judge, who suddenly became aware
that the plain-lOOking ranchman was a
man Of consequence. Massengale had
the money in his pockets, but before
he could produce it the judge RENTED
the fine and told him to contradict the
witness In less emphatic manner next
time.
Massenga1e won the case in the lower
court, and the widow still following,
the advice of her friends, carried 1t UP
to the supreme court. 1t was there af-
firmed, and, of course, that terminated
the litigation. On the day the decision
reached him, Massengale picked 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 alAO
paid all the court costs.
was worth the trouble" said Missouri
John. Il never had any feelings against
the widow, and If she had ever needed
money while the suit was on, and had
come to me, she'd a got 1t. But when
1t comes to telling me that don't know
one of my own cattle, why, that's diff
ferent."