Barbour County index., 1907-07-10
Big SUIT SETTLED.
The BrOwnback.H Holmes Controversy
Adjusted by Judge P. B. GiIlett
Sitting as Arbitrator by
Agreement.

Judge P. B. Gillett came down from
Kingman the latter part Of last week and
Opposed Of some court matters Friday
and Saturday that had gone over from
the May term Of court. The big task
was to iron out the Observation-Disclosures
difficulty that had heen hanging FIRE in
khe district court since the first Of the
I year. 1t will be remembered that W..
} n. Brownback brought suit against J..
X. Holmes on claim that Holmes tres-
passed on Brownback's pasture IN that
he burdened it with stock, that he mutt
lated fences and set out fires etc. The
case was tried in May and the jury dis
agreed. A few weeks ago the attorn-
eys tor the itsants got them together
on an agreement to submit the difficulty
to Judge Gillett as arbitrator and the
Judge. while not at all anxious for the
job, consented to undertake it. Two
weeks ago he went out to the Holmes
and Brownback ranches and took look
over the disputed pastures and properties
and thoroughly familiarized himself with
everything in controversy so that he was
well qualified to draw up articles of
settlement. On Saturday morning he
submitted his report and as both parties
had previously agreed to abide by it,
the whole disputed is now settled.
The decision covers eight pages Of
legal cap and the substance Of it is fixing
the fence line between the two ranches
and making awards Of lands. 1t is de-
creed that each party is to deed the
other all lands in their respective inclos-
ures. The price to be paid for lands
ranges from $l.25 to $500 per acre,
being classed az poor. Indifferent and
very good. Each party is to build his
part OF the fence within sixty days, and
each is bound to keep up his fence.
Posts are to be not more than twenty
feet apart and four wires are to be put
on. Neither is to allow any Of his cattle
to Craze on the other and this part of
the order is to take effect Immediately.
Each lihgant pays one-half Of the court
costs and each pays his own witnesses
and attorneys. The costs in the case,
excluding attorneys fees. are $3.50. Mr..
Brownback has Noble & Tiincher and
Martin & Ellis on the pay roll while Mr..
Holmes has Seward |. Field and Sam
uel Griffin to settle with. In the settle
ment there is a balance of $256.55
coming from Brownback to Holmes.
Both parties, we are told, are satisfied
with the terms Of settlement, but Col.
.Jims grin seems to be the broader.
Judge Gillett, it seems to us, is entitled
to bravery medal for ,tackling this job.
1t was tanglement that the average
man would shun.
Other court matters disposed of were
as follows
Mabel c. Cox VS.. ]. R. Cox, decree
Of divorce granted and property interests
divided as per stipulation on file.
Edward Cloutman was arraigned on
a charge Of petit larceny. entered plea
Of guilty and was fined $40 and costs,
amounting to $20.80. Cloutman was
committed to jail until fine and costs are
paid. He was arrested in the FIRST in
stance on a charge Of grand larceny but
on the pleading Of his mother it was re-
duced to petit larceny and the boy was
given another chance. Ed stole goods
from Kinkaid & Johnson, livery barn
valued at about SIS.
Lizzie Hamley VS.. John Hamley. de-
cree Of divorce granted and plaintiff
given custody Of child. but restoration Of
maiden name denied. The child is
three years Of age.
Maggie Burgett VS.. Jacob Wyman ct.
al. judgment for plaintiff quietns ide.
State VS.. A. II. Nossaman Qsabe
liquor injunction CASEY continued until
October term.