Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1908-05-27
COURT ADJOURNED
Business Of May Term Completed Last
Thursday. Samuel KennerIy Sen.
fenced to Penitentiary

The May term Of the district court
closed last Thursday. The following
matters were disposed Of since our last
weeks issue:
In the case Of E. T. Chance VS. The
A. 7. & S. F. Ry. Co., the jury found
tor the plaintiff in the sum Of $40O. The
jury was composed Of the following per-
sons:
j. w. wyer O.A. Winter
NJ Winter H.W. stevens
c. l. Rhodes SW. Jones
A. f Buckles Ed Fl. Smith
W. l.. Aten G. H. stewar:
X. ). Cowden John Burgett
The suit was for 1880 damages
claimed by Mr.. Chance by reason of en-
bankments destroyed on Elm creek on
the south edge Of the city in the con-
struction Of the D. K. & C. railroad af-
terwards purchased by the Santa Fe. By
reason Of the cutting Of embankments the
waters Of Elm creek in times Of high
water are diverted from the regular chan
mel and food Mr.. Chances land. Last
summer, on account of such foods, he
lost some 80 or more acres Of corn, ten
acres Of land were imbedded by sand and
two ponds Of living water were destroy
ed. The jury allowed 500 for the large
pond on the south, known as the Nc
Allister pond, $40 for the north pond,
500 as damage to land and $3.50 for
crops destroyed. While this will poorly
compensate Mr.. Chance for the loss sus-
tanned, the verdict, in effect, imposes a
duty on the railway company to sub
stantialy repair the creek banks so as to
prevent further inundaEon and in the end
MIR. Chance wins out for without a law
sut the company would not have made
the necessary repairs. The Santa Fe has
a notorious reputation for injuring adjoin-
ing land owners and the wonder is that
juries are 50 lenient.
MIR. Chance was represented by Mar
TIN & Ellis and Seward |. Field. !. D.
Houston Of Wichita and Noble & TInch-
er Of this city represented the railroad
company.
The case of Lampe VS. Moses, a case
IN which suit was brought for commission
on a land sale, was dismissed for want of
prosecution. 1t was tried at a former
term Of court but resulted in hung jury,
three Jurors only favoring a verdict for the
plaintiff. The claim for commission on
the part Of the plaintiff was so remote and
untenable that he did not care to pursue
it any farther.
Divorce was granted Julia Shaw from
her husband, c. w. Shaw.
On Thursday afternoon Samuel Ken
neny who was convicted Of assault to do
bodily harm, was sentenced to the state
penitentiary for term Of not less than
one year nor exceeding FIVE years. PreM-
Gus to the sentence, his attorneys, Noble
and Tincher, pressed motion for a new
trial very vigorously. Their contention
was based on the courts instruction on
the proposition Of intent" but after 60
ing over the matter very thoroughly
Judge Gillett overruled the motion and
commanded Mr.. Kennerly to stand up.
Mr.. Tincher. on behalf Of KennerIy, In
voked the courts mercy. claiming that it
was the FIRST ofense and holding out
promises for reform and good conduct in
the future. He appealed to the court to
impose the Gghtest sentence under the
law which was SIX months IN the county
jail. Samuel Griffin, attorney for the
prosecution, opposed this on the ground
that it would defeat the ends Of Justice in
that it would be bad example to other
wrong doers. Before passing sentence
Judge Gillett gave the prisoner some very
helpful advice, told him that his tenn
would depend largely on his condud, and
that it was yet possible to become good
citizen. He held out some hope to him
that i his prison record was good there
IS a probability that he would be releas-
ed after serving the minimum time Of one
year. In speaking Of the rest Of the bunch
who had been associated with kennerly,
Judge Gillett deplored the fact that the
law did not warrant a sentence to the
peniten6ary IN at least some Of the cases
for he said that some Of them in his juds-
ment were equally dangerous to the com
munity.
The defense asked and was granted q
stay Of execution for one week to pre-.
pare bond and make case to the su.
preme court. The bond was fixed al
$1,000 and if it Is gwen any time thi.
week, the sheriff will not take him to the
peniten6ary. pending the appeal.
Judgment quoting 6te was granted II
the following cases: F.. S. AtweIl "
Sharon town Company. Manly vs. Sho.
walter Mtg. Co, kiowa Telephone Co
W Hoopes, Wickersham VS. Stanford.
Count adjourned Thursday evening t.
an adjourned day July lst.