Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-06-22
Jury Returns $4,000 Verdict
Against the Western Union
Telegraph Company
TELEPHONE MESSAGE FORGERY
Case Has Been One Of Unusual Inter.
est Because Of the Peculiar Factors
Involved, and Dates Back to 1892 -
Verdict Was for the Full Amount
involved in Suit.
Special to Times Republican.

Special to Times Republican.
Fort Dodge, June 22.-The Western
Union Telegraph Company lost again
| in the hard fought case in which
Schriver Brothers of Britt figured as
the plaintiffs. and which has been on
trial before the federal court in this
city for the past few days The jury
last evening, after being out two hours,
returned a verdict for the plaintiffs for
/ the full amount involved in the suit,
or $10,0s0.
| The case is one of unusual interest,
! involving the liability OF the telegraph
company in the case of messages re-
! ceived over the telephone. This was
/ its second trial. On it's first appear
ance before the court In this city in
| 1902, the verdict of the jury was also
!! for the plaintiffs The defendant took
the case to the United States circuit
court of appeals and it was argued In
St. Paul In May, 1903. The court hand
ed down an opinion in 1904. reversing
the case and rennanding 1t for new
| trial on account of an error in the in
struction of Judge Shiras to the jury.
The present trial was the result.
The case dates back to 1892, when
one L. J.. Barnes was buying cattle In
| the name Of his wife, Mrs. F. S. Barnes,
and doing his business thru the Bank
| of Denison, conducted by Shaw &
KuehnIe. His custom was to pay by
check or draft on the bank, and then
to pay the bank by sight drafts on
commission men in South Omaha,
where he sold his stock. On March 13,
1902, he bought $4,000 worth OF cattle
of Shriver Bros. at Britt, and rendered
In payment check on the Denison
bank, which the Shrivers refused to
accept. Barnes agreed to go to Deni-
son and have the bank wire II they
would accept his paper. The Shrivers
| instructed the Commercial Bank OF
Britt to act as their agents and to ship
| the cattle on receipt Of this telegram.
| The telegram arrived few days after
ward, bearing the signature OF the
bank. and the cattle were shipped to
Barnes at Denison. He in turn shipped
! them to Omaha and sold them to Wag-
ner & Co.
Most of the proceeds from this sale
was used by Barnes in paying the sight
drafts against him. The cattle were
| sold on Monday and on the following
| Tuesday Barnes wired Shriver Broth
ers to come and get their cattle. as
| he could not pay for them. On finding
| the status of affairs, Shrivers demand
ed payment from the Bank OF Denison,
| the bank denounced the telegram as q
| forgery. The operator for the Western
Union at Denison stated that the mes
/ sage had been telephoned to him. and
/ he was not able to identify the sender.
Barnes was arrested by a Sioux City
| firm, was in Jail for day or two, and
| then instituted bankruptcy proceed
ings He was released on bond and
went to Fayette county on visit.
| While there he was arrested on an old
Indictment and sent to the penitentiary
where he now is.
Shriver Brothers began suit to re-
cover their money and the case has
| been in the courts since that time.