Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1908-05-20
which claim was not settled.

DeIOIe the evidence ndQ all Decn SUD-
mtted the court instructed the jury to re-
turn a verdict for the plaintiff. together
with interest, amounting to total of $52.
1t was held, in substance, that counter
claim could not be set up in this way
since the holders of the Botkin note were
merely agents for the insurance company
and had made their settlements. IF Mr..
Botkin is entitled to recover damages his
action is against the company.
M'CRACKEN MEMORIAL EXERCISES
Between the hours Of 100 and ;
o'clock Thursday afternoon the time
Of the court was devoted to memo
nal expressions on the life Of the late Sher-
if E. L. McCracken who had been a
beloved and esteemed officer Of the court
The court house was filled with people
who came to hear the tributes paid to the
deceased sheriff by the court, the bar
and citizens.
The ceremonies opened with a pray
er by Rev. w. II. Moore. This was
followed by the reading Of the foil owing
resolutions drafted by a committee ap-
pointed by the bar. They were read by
District Clerk c. D. Rackley:
RESOLUTIONS.
We, the undersigned committee chosen by
the bar of this County to draft resolutions of
respect and confidence in memory of our
friend and fellow officer, e. L. McCracken.
desire to offer the following resolutions. free
| ly acknowledging our indebtedness to others
for much ot the language used.
In the District Court OF Barber County, State
of Kansas.
| At this hour, when in the administration OF
| justice each instant might be priceless. re-
sistiug every other incentive and solicitation,
this Court. proceeds, by unanimous consent,
| to consider resolutions of the highest privi-
lege. reported from no commission, having
no place upon any docket. but which take
precedence of special order, and unfinished
litigation. from which no appeal is ever
taken; and reverently pauses, in obedience
to the holiest impulse of human nature. to
contemplate the profoundest mystery of
human destiny-the mystery of death.
Be 1t Resolved That: whereas, during the
time intervening between the February and
the May term of this court, appare ntly On all.
wise and just Providence has seen At to re.
move from our midst OF the officers OF said
Court, our beloved sheriff, E. L. McCracksn
we deem it ntung and appropriate to pause
at this iuncsure for an occasion of solemnity
and Q seasOn Of mourning Id his memory.
While in the discharge of his official duties
on the night of the 18th day OF March. 1908. he
sustained q mortal wound. dealt by the hand
of 9 man charged with crime. without warn
oh g Anfn
although for a time faint hopes were enter
tanned that his robust constitution would bt
victorious in his battle with death he wal
forced to yield TO the inevitable after nearly
forty hours Of desperate struggle.
z. L. MoCracken as an officer of the law, a
the executive of Barber County, to which re
: spousible position he was called by his con
stituency at the November election of 1906
by his fearless and uncompromising execu
ton OF duties devolving upon him by virtu
OF his position. and by the righteousness az
= stability of his convictions endeared himsel
; to all classes, commanding alike the apprC
batien and respect of the citizens pursuin
the even tenor of his way and of him who's
5 incentives are begotten OF evil.
. The assiduity with which he went about th
v execution Of his duties is largely responsible
for the tragedy which calls US together upo
!, this solemn occasion.
] Suoh fidelity to conviction when that col
= vicrion is prompted by the proper motive
= should be ohrOnioled upon the pages OF th
history of our county as q fitting object c
commenGation for future generation:
= Bud" for so was he Familiarity designated
= every one OF his acquaintances. came fro
the ranks of the western pioneer and fC
many years pursued the vocation Of the Co
n Boy.
III The members of this fraternity may to SON
r present = rough exterior butt is an uncontr
n dicted verify that oftentimes beneath tn
apparently rough exterior pulsates the true
=" heart that beats within the human breast.
s. But he has gone to the undIscovert
rs country,
.d And of all the dead whose obsequieS haJ
- been solemnized upon such occasions. we r
call no one whose untimely fate seems
- lamentable.
lg he had reached the meridian of his year
Ill He stood upon the high plateau of midd
II life. In the serene atmosphere where tempt
:, ton no longer assails, where the clamoro
: passions no more distract, and where t
"a conditions are most favorable for noble a.
Id enduring achievements.
IN HIS upward path had been through storm
,la aQV6rSlty Huu COuIeuIlOn, SuCu oS luiHcQuoi
4 ly falls to the lot of men. He had seen III
Al seamy side but valiantly did he eme rye fro
no the dross thereof by dint of his own strer
81 Gus eXertion.
But in the maturity OF his powers and
..o popular esteem, with unmeasured opp
~ tuuities for achievement apparently befC
ON him, with laudable designs unaccomplish
we surrounded by the afectionate solicitude
9 loving family and proud constituent
the pallid messenger with the inverted tol
~ IS beckoned him to depart.
~ No man hae greater inducements to Ii
lay tBut in his unequal struggle against the in
orable consequences Of q mortal wou
> he did not falter or repine. he retreat
~ with the aspect of a victor; and though
" succumbed, he seemed to conquer. His
a went down at noon, but it sank amid
los prophetic splendors of an eternal dawn.
nan When we looked for the last time VI