Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1906-02-21
FRANK WHITE ACQUITTED
VI Charge Of Cattle Stealing but is
Immediately Re-Arrested on
Similar Charge.
VERDICT FOR 100000
In Favor Of Mrs. Elizabeth Rudolph of
this City, Against Santa Fe. Court
Adjourned Yesterday.

For the second time Frank White
has been acquitted of cattle steal
ing by Barber county jury but
the incident by no means ends his
trouble. AS soon as the Jury an
nounced its verdict a warrant was
placed in Sheriff Haun's hands and
Mr.. White and Elmer Williams
were Immediately arrested on a
like charge. They gave bond for
their appearance at the May term
OF court. They are charged with
having stolen two head of steers
from James Nj. Hale and selling
them to Abe Shklar of Kiowa.
The trial last week which re-
suited in Whites acquittal be-
gan on Tuesday and the ver-
dict was returned into court at 100
p. m. Friday. The case went to
the jury on Friday morning. The
evidence was all in Thursday be
fore supper and the attorneys made
their pleas that. night. The jury
was excused from deliberating un-
til the following morning. The
first ballot was six for acquittal,
four for conviction and two blank.
There were twelve ballots in all.
The offense with which White
was charged was the stealing of
two steers from the Brownback
pasture in Aetna township, being
the property of ames M. Hale of
Waynoka, Oklahoma, converting
Mr.. Hale's brand, which was 76
(connected) into running w and
selling them to Lewis Down
tain of Kiowa. The animals were
brought to the stockyards at this
place by direction of the prosecu-
tion for the purpose of having the
jury examine the brands but Judge
Jackson, one Of the defendants at
torneys, objected to the jury's look
ing at the cattle and Judge Gillett
sustained the objection.
There were many witnesses on
both sides Of the case. The State,
in addition to claiming that the
animals in controversy belonged to
MIR. Hale, proved that they had MIR.
Hale's ear mark and also a bar
brand on the jaw which Mr.. Hale
uses to mark all his cattle. Mr..
White claimed that he raised one
of the steers and bought the other
from one, Bolerjack, and of course
there were witnesses, who are his
neighbors and friends on the Vel
lowstone, present to testify that
such was the case, Mr.. Bolerjack
being the foremost.
This man Bolerjack is an anus
ing individual. He was one of
the defendant star witnesses in the
former trial, who saw and identified
two heifers from a hill about a
mile away and happened to stroll
out to the view point without any
purpose at midday when White was
driving them out of Frank Buck s
pasture, the first, last and only time
he ever wandered that way. An
other characteristic witness in the
defendants behalf was VIM. Der
rick, secretary of the Hardtner A.
H. T. A. The feature of his testi-
mony was the remarkable way in
which he made computations. Ac-
cording to his testimony ii itrequired
$37o.5 so to discharge a debt of
$I75. The point affecting the
case at bar was to prove through
this transaction that one of the
steers in controversy was sold by
Bolerjack to White, through Der
rick, when calf. The story told
by Derrick was that Boleriack
owed him $175 and in payment he
got four calves priced at $44.e5,
q mule at $4o.a5 and the threshing