Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-10-26
Grinnell Jury Decides That Bel
den Took a Steer Belonging.
To Neville
sELDEN WILL APPEAL TIE CASE
Town and s:euntrysids Greatly In
.tsrssted in Litigation Between Well
Known Farmer and Prominent
Merchant Over Ownership Of Lump
Jawsd. stub Horned Steer.
Special to Times-Republican.

the steer case Of Neville VS.. Behen
Nothing else. has been talked Of and
the court room has been crowded from
in the morning until in the even
ing. The trial was begun last
week. and SITTER continuing two days.
went to the jury. On the first and las;
ballot the Jury stood to for plain
tit. and they were discharged. P. D.
Birely 10 the sman who prevented a
verdict. He and Beiden were most In
innate, . TACT unknown to plaintiff
attorneys. He used to clerk for years
in Belden's store.
The case, was set down for trial a
second tame. and was beIan last Mon
day morning. After occupying three
days. the jury found Tor plaintiff, after
( deltbsrating over the amount less than
an hour.
A. the case issa very interesting ore
and has b.lsn several times referred to
in these columns.< the admitted and
contradicted facts may make interest
tns reading.
Neville's pasture and Beldsn's adjoin.
Neville had thirty steers in his past
urs. Ten " these were northern steers,
purchased in st. Paul Among these
I ten was one wild. red, chuck-headed
steer, with ons stub horn. The cattle
were divided in the Maicom stock
yards by Neville. Chas. Eisele, Joe
Eisele and Ben Meigs. Neither Neville
nor Eisele wanted the wild steer. 50
they We're, put into three lots, and they
drew cuts for the lot containing the
wild steer. It fell to Neville.
4 Early in July Belden's foreman,
Harper Barnes counted the Belden
steers oae morning, and missed one.
He counted only ~. There had been
sall summer 4S. He notified Belden over
the phone, and Beldcn told him he
would be down Monday. Beiden says
that Barnes suggested the steer might
be in Neville's pasture. This Barnes
positively denies. Belden says he told
Barnes to notify Neville. and this
Barnes positively denies.
4 On Monday Belden and one of his
boys entered Neville's pasture ana se-
lectsd . steer as hi1. .Belden also had
"a wild red steer with a stub horn.
looking much like Neville's steer, but
Eelden's was native. 1t is also UNI
.contradicted that when Belden's steers
were dehorned in February. the stub
horn on his wild red steer was taken
off. Belden also testifies-and SO do
his boys Harry and Louis-that his
wild steer had a lump on his jaw, and
Belden says he saw the lump ON the
day he took the steer from Neville's
pasture, but Barnes says they had no
steer with lump. Bradley. who
worked for Belden, says the same
no lump on the steer taken from Ne
sville's pasture. and TslaSence Warner,
who assisted them, says the same, and
e. e. Cooper, to whose farm the steer
escaped, and where he remained two
months. says the lump that is now on
the steer did not begin to appear un-
I'll after the steer had been in his yard
for two weeks.
It seems that there was some dis
pute between Belden and Barnes at
the pasture, as to which was the right
steer, one selecting one and the other
another. Beldsn says he did not call
his foreman's attention to the lump
as . means Of Identification, because
he didn't want Barnes to know it. He
was afraid he would "blab" and spoil
the sale Of the steer.
Six men took down the fence, enter
Cd NeviNe's pasture, and spent the
most Of the afternoon, hot day, in
separating the steer from the bunch
and Getting him thru the fence. After
they got MIN out the steer was so wild
ond crazy that he struck off across the
country, and finally landed in Earl
Cooper's barn yard, about Ave miles
away. Here he remained until Belden
took him away. The steer has a stub
horn and lump on the jaw now.
Bradley who worked for Belden from
February, says he often counted Bel
denis steers and there were never but
43 head.
On the same day they took the steer.
frolr the Neville pasture they learned
there was a stray steer in the Larson
pasture, adjoining them on the west.
Barns identified the steer fully and got
him. This steer made Belden's count
right. Barnes then told Belden they
had made a mistake, that they had one
too many steers, and Bernes testifies
that. Belden told him to keep still and
say nothing. Mr.. Warne says Neville
had thirty steers and that after Belaen
took one there were only twenty-ni
thai. he called Belden's attention to
this. This is not denied, neither is the
statement made to Barnes denied.
On the next Sunday Neville sailed
his cattle ana counted them. He found
one missing. He said to his wife, who
was. with him: THE wild steer is
gone" He made inquiry. but could
learn Jnothing for two weeks. Belden
never said q word to Neville about
what he had done. Neville heard OF
Il by accident. He then went to Coop
er's and identified the steer. Charles
Eisele went with him, and he identi-
led him. Ben Meigs. on the witness
sta nd, identified him.
Neville then went to Belden's farm
ana found Belden there. He asked him
Tow many steers he had, and Belden
old him forty three. He also admitted
he taking of the steer which was tfen
II Cooper's. Neville and Belden then
vent into the pasture and counted Bel
lens steers four times. and found for
y-three. Belden then admitted his |
wrong. expressed regret, offered to re-
urn the steer, which offer Nevi lie de-
lined, talked some of his value. and |
sked Neville to come TO Grinnell and |
lie would settle with him for the steer. /
Neville came and went TO Belden's