Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1907-05-29
JURY FAILED TO AGREE
Brownback.HOlmes Damage Suit Will
Have to be Tried Again.

t1OlIIleS damage case (Which was
on trial when the Index was print
ed last week, could not agree on
verdict after celebrating from 3
o'clock p. m. Tuesday until 10 am.
Wednesday and losing an entire
nights sleep. The issue in the
jury room centered on the question
as to which of the lltigants should
as matter of right pay the costs.
None of the jurors considered that
Brownback was entitled to great
damage but the majority of them
thought that Holmes should pay
the costs.
On the first ballot six voted for a
verdict for plaintiff and six for de-
fendant. The evidence was then
discussed and on the second ballot
nine were for plaintiff and three
for defendant. On the third ballot
eleven favored returning a dollar
verdict for plaintiff and one held
out for defendant and on subse-
quent ballots two jurors returned
to their original position and stood
for a verdict for defendant. All
questions of damage by fire were
eliminated by all of the jurors as
the evidence, in their judgment,
did not show that Holmes was re-
sponsible for the fire and little
damage was done by the fire any.
way. Those who held for plaintiff
did so on the theory that Holmes
pastured more cattle in the inclos-
ure, owned By the parties jointly,
than his land justified and they ar
gued that by paying the costs he
would be about even. Those hold
ing for defendant contended that
he was more than fair with Brown
back and that the latter was i'm
posing upon Mr.. Holmes.
AS matters now stand the in
junction is still in force and Mr..
Holmes is limited to pasturing 400
cattle in the big pasture. The
attorneys for Brownback will ask
tie court at the July sitting to
place this back to 200 where it
was before the injunction was
modified.
Mr.. Holmes is satisfied with the
injunction as it now stands and
will resist alterations.
All through the suit the defend
ant carried a horseshoe in his coat
pocket and unique illustrated
card in his vest pocket. Ordinari-
ly he is not superstitious but he is
freezing on" to the horseshoe and
card and would not part with eth
er. He carries another card in his
hip pocket which he will exhibit
should the result finally be against
him.
In the vicinity of Aetna where
the land is situated sentiment. is
almost unanimously against
Brownback. Mr.. Brownback re-
sides in Illinois; he is reputed to
be worth about half million. He
owns much of the land around
Aetna and has no great reputation
for liberality when dealing with
the resident citizens. The settlers,
whether right or wrong, believe he
is playing the swine act and they
would like to see him lose out.
AS viewed by us, neither of the
parties have wings and there are
no outward appearances that any
will sprout soon, but Mr.. Holmes
has we'll established reputation
for taking care of himself and
while Brownback is considerably
better fixed financially, he seems to
have met his match.
Other matters disposed of by the
court before taking recess until
July 5th, were as follows:
/. N. Herr VS.. H. w. Allen, set
tied. Defendant given 60 days to
fulfill terms of agreement.
Louisa ]. Wells VS.. Geo. B. Mote,
settled per agreement. 1t was a
tax title suit.
State VS.. R. S. Bisby, demurrer
overruled and defendant given 20
days to answer. This is an injunc-
ton suit restraining the mainte-
nance of nuisance in building for
merly occupied in this city by de-
fendant.
G. F. Henson VS.. D. NJ. Circle,
plaintiff granted permission to file
amended bill of particulars and
defendant allowed to file a new
cross bill.
Eta Montgomery VS.. Charley
Montgomery, divorce granted.
Minnie M. Blevins VS.. Emmett
Blevins, same order. Plaintiff
granted custody of children.
Winter1 & Brown VS.. John M.
Dohrer, motion for Sherif's deed
sustained.
D..f n De- go Toroo< -