Barbour County index., 1909-02-17
District Court.

In the case of State VS.. Herbert Rose
which was on trial when the Index was
printed last week, the jury returned a
verdict Of not guilty. The evidence Of
the principals was extremely conflicting.
Rose pleaded self defense. He claim
ed that Mowery. the complaining wit
ness, attacked him and also cursed his
father. This Mowery denied but did
make some minor admissions which
his case. 1t was an assault
and battery case, carrying the usual fel-
ony clause. As before Stated, Rose US
ed pitch-fork as a weapon and bruised
him considerably. County Attorney
ield prosecuted and Noble & Tincher
defended. The jury was as follows:
Geo. Eckert Alfred Luther
ThOS. Kenney VIM. Palmer
VIM. Parsons Curtis Parsons
Sim EWalt Frank Muncy
Homer Talbot Robt. Terrill
Davis Gordon Ounce Circle
The case Of State VS.. ]. B. and John
McGarrah was tried on Wednesday
his came up on appeal from police
court from Kiowa. The defendants
were convicted in the lower court on a
charge Of disturbing the peace and were
fined $50 and costs. The complainant was
Jesse Lind. The defendants are engaged
in the hotel business. Mrs. Lind had been
working for them but quit. J.B. Nc
Garrah went to the Lind home and ask
ed her to return to work. Her husband
objected and a quarrel ensued. Nc
Garrah went home and soon returned
with his son, John, and the quarrel was
Before going to trial the elder defend
ant pleaded guilty but the son Stood
trial. The jury returned a verdict Of
guilty after beng out less than 5 minutes.
Noble & Tincher represented the city
Of kiowa and G. NJ. Martin represent
ed the defendants. a
The following jury sat in the case:
VIM. Palmer J. M. Grouse
Geo. Eckert T. S. Gresham
Geo. Walker II. G. Kimball
H. Churchill R. c. Kenney
G. Friday Homer Talbot
Frank Muncy w. L. Iliff
The McGarahs have been giving the
Nowa officials considerable trouble dur
ing the past year and the city authorities
are grai6ed that they have been sus-
tanned by Barber county jury in this
prosecution. Sentence had not been
passed by Judge Gillett when the paper
was printed.
The important civil suit Of the term
was that Of D. M. Circle VS.. Amanda
]. Potter. The plaintiff traded ranch
near Kiowa to the defendant for a DRUG
store in ChilGcothe, Mo. Both had
made high figures as is generally the
case in trades. Circle sold his ranch for
$l3,500 and Mrs. Potter sold the drus
store for $1,000. The latter executed
a note and mortgage on the land tc
make settlement Of the difference be.
tween the selling price Of the drug store
and the land which was $4,000. When
the note became due Circle foreclosed
and the defendant set up a claim O
fraud. She alleged that the land hac
been sold to her far above its value, tha
plaintiff, in inducing her to buy, leasec
the land for year at four times its rent
al value in order to deceive her and II
ether ways took advantage of her, anc
asked to be released from payment o
the note. Circle made general denial
admitting that in the trade he priced the
land higher than for a cash sale but al
legged that he paid from three to fou
times more for the drug store than il
real value. -
lhe jury was composed of the follow
ing persons:
Homer Talbot VIM. Palmer
Geo. Eckert R.C. Kennev
w. L. Tiff Fl. Churcb;u
L. ). Gresham c. Friday
]. B. Farley J.C. George
Arthur Goddard He. Kimball
Each side introduced evidence to .u.
kar, az 49,