Tanana leader., 1909-11-18
KEH0E THE VICTOR
 IN A CIVIL SUIT

Last Tuesday forenoon at II o'clock Justice Gallaher read to John Kehoe the allegations of J. c. Foster on which kehoe was made defendant in d sui. for $I37.50. .' s,
 ''You have the right" said the jus tice to Mir. Kehoe, ito file written answer covering each and every alle- gation in plaintiffs complaint, or to enter orally general denial of the complaint in toto. What is your pleas ure in the premises"'
 "Well,' said Mir. Kehoe, thought fully, "the horse"
 Hold on there." said the justice: ''there is no horse mentioned in this case. and you can't introduce one now"
 ''All right, then," said Mir. Kehoe: II will introduce the horse later on." He then authorized Justice Gallaher to enter on the record a general denial, and called for jury trial. Court was adjourned to 1 o'clock to allow the SummOnlnS oI the Jury.
 The complaint alleged in substance that on or about the 25th day of l.st January defendant was forced to return to the States for medical treatment. and on leaving Alaska he left in the care and charge of the defendant prop erty of the value herein stated, namely two bales of hay. Sl0: two sacks of oats $l2.50: one scythe, sl: one pitchfork, $l.50: two pair double blankets S25: one pillow. S3: loo feet of rope, $l; pro- visions or groceries. $2o: cooking uten. sils, $l5: carpenter tools. S7.50; wood tools, SlG.50: one lamp. S3: one shovel sl: one pair rubber boots, $l0; coal oil S2: tarpaulin, $5-total value, $l37 5O: that said defendant agreed to care for and look after said goods, and in case he, the defendant, used any of said goods he would pay for the same. That said goods were left in plaintiffs cabin .On the island in front of Panama: and that upon his return from the States plaintiff demanded return of said goods or pay for same, and defendant refused to return or pay for them. ..
 The jury was acceptable to both par ties to the suit. It was composed of Frank C. Smith, James P. Mulligan. H. L. Hedrick. A. B. Culp, A. G. Vachon and J. F. Nussbaum.
 Plaintiff Foster testified that the all legations set out in his complaint were true and correct.
 Defendant Kehoe testified that just previous to the starting of the plaintiff to the States for medical treatment he had bought of said plaintiff one certain lame horse, together with the plaint- ifs cabin on the island and everything therein and pertaining thereto: that he had paid therefor $75 in cash and his promissory note for sl75, aggregating the sum of S259; that he had refused to haggle with plaintiff over the rrice. but told him that S25O was the utmost he would give, the horse being lame and incapacitated for service; that the plaintiff laid stress upon the considera- tion that the transaction carried with it hay and oats sufficient to keep the horse until it recovered from lameness, and that at least $2o extra ought to be allowed for the blankets-to all of which plaintiff replied that he had made his utmost offer. That plaintiff did sell the horse, cabin and the arti- cles in controversy for $25o. That upon plaintiffs return from the States he demanded immediate payment on the promissory note for $l75, and that the defendant had to sell the horse for $l75 in order to meet the payment, and thereby is loser in the entire transac- tion the $75 cash originally paid. And that plaintiff has taken and holds pos session of the cabin on the island, to- gether with the residue of the things therein, including the identical scythe plaintiff mentions in his complaint.
 Plaintiff testified denying the iden- tity of the scythe.
 Several witnesses were called on each side, but their testimony was in the main merely contributory to that of the principals in the action.
 In presenting his case to the jury the defendant used the scythe to good advantage. 'Gentlemen," said he, 1T have already paid for that scythe once, and if you bring in verdict against me then I will have to pay for it again and the plaintiff here will still have the scythe."
 The jury brought In a verdict in