Mountain Home maverick. [volume] (Mountain Home, Idaho) 1906-1911, 1908-04-16
PIONEER DAYS IN ELMORE,.
Written by an Old Timer.

stone threw down the diamond
sleeve buttons upon the table.
Powell picked them up, counted
out fifty p'unks in gold and passed
them over to Dial, and the play re-
sumed, but Powell scraped the
whole pile in. With grim deter
minarion, born of dispair, Lawyer
Dial laid down the silver faro box
upon the altar and Dial advanced
him SIS on it only to rake it in
ere fifteen minutes of play had
elapsed. Powell then left the
goods with Bob Chatrin, who had
an agreement with Dial to h old
them for sixty days, and deliver
them to Dial within that time upon
the deposit of $l75.O0 to be paid to
Powell.
Instead of attempting to redeem
the goods Dial served notice not
TO deliver t-cm to Powell, as
Powell had won them from him in
a gambling game. Chattin then
told Powell that he and Dial had
to settle the matter as he did not
know what to d. in the premises.
Powell then brought a repIevin
suit against Chattin for the goods.
Chattin took the entire collection
into the probate court and dcliv-
cred them to the judge saying that
he wanted no trouble on account of
either of the claimants. Dial then
appeared in court and filed an in
tervenor, by which Chattin's name
stricken off the files al party to
the suit and Dial's substituted. A
jury was summoned and the case
proceeded. Next day, the jury be-
ing accepted, and the trial opening,
Sam Mccarthy appeared and filed
as an interpleader, by which Dial's
name was stricken off as a party
and Macs substituted. The trial
then went on, Dial acting as Macs
attorney. All the evidence of the
plaintiff was SUI omitted, but by
some inadvcrtancy of counsel, tho
chain was not mentioned and it
not having peen brought in evil
dence and sworn to by the plaintiff,
the court awarded it to Mccarthy,
and the case was continued until
the next day when the evidence for
the defense came in. 1t was the last
day of the probate judges term of
office, his successor qualifying at
noon that day. In the opening of
the court in the afternoon Dial de-
manded dismissal cf the case on
the ground that the judge was lot
legally acting, his successor having
already qualified, and and brought
in the clerk of the district court in
support of tis demand. The judge
refused to dismiss and sent the
sheriff for his successor: and on his
arrival he vacated the bench and
escorted the newly elected judge
to his position and the trial pro-
ceeded. In the evening the case
went to the jury who retired and
presently returned with the verdict.
Jim Loveland, the foreman, arose
and said that the jury had agreed,
but as they had not received their
fee as yet, they demanded it before
they would render the verdict; mo
money, no VERDICT said Jim.
Then you intend to hold your
verdict in escrow, - said Judge
Clinton. 81.
That's what's the matter, and
I'll be the escrow holder" said
Jim.
"'Your honor" said Counselor
Howie, II demand OF this court
the verdict in this casc.''
Mr.. Howie,'' replied his honor,
"this court entcrtsins no de-
mands. -
"Then, your honor, l request
this VERDICT said HOWE.
''Your request is denied" was
the reply.
Then Powell gave a bond for the
payment of the jurors and the YER
dict was delivered 1t was in favor
of Powell. Powell left town withs
out paying the court and sheriff's
fees, leaving Sam Galloway, his
bondsman to pay the juror.
He took care to take the goods
with him.