Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1909-10-27

Geo. Mounsey c. F. Harding
w. B. Duncan ]. A. Redman
L. w. Chaplin Roy DOran
G. r Harris E. j. Grigsby
This was an appeal from Pro-
bate Court. Ernest Cole and Asa
Reeves claimed settlement on the
same quarter section of land in
Eagle township. Mr.. Cole won
out before Judge Garrison and
Reeves appealed. Cole made
proof under a settlement day Or
two later than the day of entry
claimed by Reeves but Judge Gar
rison held that Reeves claim of
settlement was not established by
the evidence; that the best that
could be said was that he merely
located" and that his actual settle
ment was begun after Cole made
settlement. Reeves claimed that
his location" was a settlement
and on this construction of the law
the case came 10 the district court.
The case went to the jury at 3
o'clock Friday afternoon and at s
o'clock verdict was returned in
favor of Mr.. Cole. This is a vindi-
cation for Judge Garrison who de-
cided the case the same way. Mr..
Reeves's misfortune was that he
did not understand the law. He
thought that digging holes on the
land showing an intention to make
settlement constituted a settlement,
which is mistake. 1t is believed
that this will end the controversy.
More money has already been spent
in litigation than the land is worth
and an appeal TO the supreme court
would probably result the same
way. Before Judge Garrison pas
sed on this case, it was made plain
that the case would be appealed,
and The Index predicted then that
he would be sustained in the dis
trict court. When it comes to
weighing evidence and constituting
law, our probate judge always is
right.
G. NJ. Martin and Noble &
Tincher represented Reeves, and
Seward |. Field and Samuel Grit
fin represented Cole.
On Thursday afternoon during
a recess period the case of State
vs.. M. ]. Lane was disposed of.
Mr.. Lane entered a plea of guilty
to assault and battery and was fin
ed $25 and costs. The total
amount did not exceed $35. c.
]. Skeen was the complainant. He
is Mr. Lanes father, in law. The
trouble grew out of a property con-
troversy and there is now civil
suit pending. Mr.. Lane is not a
party to this suit but it involves
property at Gerlane which he sold
to another party. The ofense for
which Mr.. Lane was fined was that
of striking Mr.. Skeen several times
about two months ago. He after.
ward expressed regret. for having
done it but he claims that Captain
Skeen annoyed him constantly and
drove him to it. Capt. Skeen, how
ever, disclaims annoying him in
the least.
Two criminal cases were dismis-
sed on Friday-State VS.. Ed Hard
ing and State VS.. VIM. Robertson,
for want of prosecuting witness
es. Harding was charged with
assault. The complaining witness
was Mr.. Smith who gave his ad-
dress as Winfield, but when court
convened he could not be found.
Smith was camping a short dis
tance north of this city last sum-
mer and was attracted early in the
evening by the screams of a girl
who afterwards proved to be Ada
Shelton. He went to the rescue
and Harding pulled a revolver on
him and he had him arrested. He
took great deal of interest in the
prosecution at the time and his
apparent concealment at this time
proves him to be utterly unreliable
and even worse. On his represen-
tatlons and the admissions of the
girl, the father caused Harding's
arrest on the charge of attempted
rape. The preliminary is set for
next month but on account of
Smiths disappearance it will also
probably be dismissed.
In the Robertson case the de-
fendant was charged with being
implicated in stealing a gasoline
engine and electrical appliances.
Rayburn Foster and Freddie Rob-
ertson, two boys, the latter the de-
fendant's son, were also arrested.
Freddie confessed and was sent to
the reform school, but there ap-
pears to be no reliable evidence at
Il