Omaha daily bee., 1908-10-10
THEY FIT AND LAWYERS SMILED
Litigation over n "Measly, Spindle
steer Cost M~issOurians
Ten Thousand Dollars.

Died, July /. at its home near LaGonda,
No, one red steer. u years old, seventeen
hands high, worth $1,000; the property Of
Elijah r. Rice. Peace to it's hide"
The above obituary appeared in a Chari-
ton county paper recently. Details OF the
animals death were obtained from Jim
Rice. Elijah's son. He thinks II was a case
OF broken heart. There was talk Of the
steer being exhibited at the county fairs
this season as Mlssouri's most famous
auadruped. When tho old animal learned
the idea had been abandoned 1t laid down
and expired.
At the December call, 1904. Of the Kansas
| City court of appeals docket, the biggest
case over a small matter ever tried in Mis-
souri, passed into history. The style Of the
action was John Messengale against Elijah
E. Rice. The appellate courts uncontested
order Of crowned Elijah with
the vlctor's laurel wreath.
The subject OF litigation was a spindle
shanlked steer. "a very ordinary animal. a
scrub" the plaintiff said, worth about
$780," The life of the steer fight and the
great civil war were about the same-five
years.
II there is a Missourian who has not
heard OF the celebrated steer case It is be-
cause his parents were shamefully derelict
in their educational obligations to him. 1t
has become a part Of the states fame.
In Septembnr, 1899, John Massengale Of
Macon county Cknown as Missouri John'O
when herding cattle back In Wyoming,
missed from his ranch a small red steer.
II didn't bother him much, because he had
a thousand of much better quality left, and
he never lost any time in hunting up the
prodigal. But one evil day a horseman
came along the road and called Missouri
John out. He told him that he had seen
his missing animal down on Rice's farm.
which was just across the line in Charlton
county. John went over TO see Farmer
Rice. Together they visited the herd, and
Messengale promptly spied the scrub.
That's mine, Elijah" he said.
mo, John replied Elijah, I'VE raised
that ourselves"
Messengale ~telephoned to his lawyer at
Macon and a suit in replevin was filed. Be
fore the justice the plaintiff described his
animal as "a dark red steer, a round body,
rather a small. dark, 2-year-old, a little
under average size. with a white spot in his
forehead and an underbit in the right ear"
Elijah gave the description of his steer
as follows: well. the steer is what I
would call a red steer. He has Just a little
white spot on his forehead and an under
bit in the right ear"
The similitude of belief furnished beauti-
full grounds for warfare. Both men had
money burning in their pockets. The bor-
der soon was aroused by adherents of
the two prominent litigants. Missouri
John had begun his career by rounding
up cattle in the west and he knew he
could not be mistaken. Elijah has grown
UP In the valleys where a mans social sue
cess was rated according to his knowledge
OF steercraft, and he felt that he knew
the subject OF controversy as well as he
did any member of his family. In pass
Ing It may be remarked that It is fairly
safe to ~criticise a cattle mans command
of the English language. or his manners
at the dinner table, but when you chal-
lenge his capacity to identify anything
that wears horns you can look for trouble
with entire confidence.
There were seven trials. Hung juries,
appeals and changes Of venue strung the
litigation out half a decade. It Travelled
along a highway paved with shining dol
lars. until at the climax It was figured
the unsuccessful utigant stood 10 lose
5000.
The case would have ended In 1900, but
at the very end Of the trial, during a
strong appeal to the jury, Eni1ah's leading
lawyer, ]. A. Collect, used this language,
taken from the printed record:
"Massengale obtained his start by round
Ing up unbranded cattle In the west and
branding them as his own. In the west
they call that branding mavericks,' but
here in Missouri we call It plain-out cattle
stealing"
That short TRADE cost Elijah $500. for
the plaintiff appealed on the ground that
there was no evidence in the record to
justify the attack, and after the appellate
court had read through the 90 printed
pages it so held and Elijah had to pay
for the brief.
During the life Of the steer case It had
been tried at B~ynumville, Salisbury, Kan
sas City and Fayette. When the trial
was ION in a town the tavern keepers
would send out for extra help in the cook
room and buy out the grocers. Each side
levied on It's respective township for wit
nesses and when the two clans would meet
in a town there wasn't much room for
anybody else.
The case was fought out with the vary
ing honors until a fatal day last April,
when a jury came into court at Fayette
and said the steer belonged TO Elijah.
Missouri Johns" lawyers went through
the long record of the last trial with a
microscope and then met their client at
Macon.
1.-THE Jigs up. John" said one Of the
barristers gravely. There amt the ghost
of a ground to hang an appeal on this
time"
Were beat. you mean?" asked the big
ranchman.
you've guessed right"
"well." said John, IT hate a croaker.
went to law for a measleY. spindle-shanked
steer and I'm going to take what the law
hands out. Figure up what the fun has
cost me, boys, and the check is ready"
He sat a while and calmly pulled at his
pipe. Then he picked up his sombrero and
walked to the door, where he hesitated
and walked back.
But, say, .fellers," he remarked. that
was my steer"
The defendant notified Missouri Johns
attorneys that he would file a motion for
affirmance in the court of appeals at the
fall term, and they told him toNgo ahead
they were tired.-Milwaukee Sentinel.