The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1909-06-24
NEIGHBORS GO TO
COURT over HORSE
c. W. coNkLlN FINED FOR RE.
slsTING POUND OFFICER AND
ALLOWING HORSE AT LARGE.

\ horse. the pound man and two
ncighbors figured in quite an inter
esting case In the municipal court
yesterday and in which Judge Gait
fined one Of the parties $40 for vio-
latinr two city ordinances.
Robert A. Fox, president Of the
Midland Land Company and c. W.
Conklin, real estate dealer are neigh
bors Mr. Couklm had been in the
habit Of letting his little son take
to hfamily horse out for grazing on
ncarlyby lots.
Yesterday the pouu1 man said he
received a phone message TO come
and get a stray horse that was tres.
passing on Mr. FoX's premises HS
went and found the horse and was IN
the act of taking him 20 ihc pound
when Mr. CoHklir appeared and de-
manded 80 know what right ne had ~
take the animal He was told by the
man that he was a pounr officer Mr..
COnklin then said he had no right to
take him, and pulled out his knife
and cut the leading rope, which was
tied to the saddle Of The pound mans
horse, and led him back home. Later
he was arrested for resisting an
officer and both he and Mr.. Fox ap-
pcared before Judge Gait to straight
en- matters out
Mr.. Fox said on the stand that the
horse had been in his yard and that
he was afraid he would damage the
shrubbcry etc, and that he mad FREE
quently driven him away He did
not know that he was in the care Of
anybody at the time.
Mr. Conkln, who conducted his
own case asked Mr.. Fox if ne thougnl
it was the act of a good neighbor to
notify the pond man To come get
his horse without first notifying him
an asking that the horse be kept up.
Mr. Fox replied that he would not
even notify his brother in such case
as he beieved any neighbor ought
to have enough sense to know when
his stock was bothering other peo-
pie.
Mr. Conklin wanted to know if it
wasn't on account of malice and spite
that he had sent for the pound man
to come for the horse.
Mr. Fox said he did not know that
there was any malice in his action.
that he simply didn't propose to
have neighbor's stock running his
lawn and garden.
Mr. Conklin wanted to know If it
wasn't a fact that there was a fence
all around the garden aid that II
was impossible for horse to get
into it unless led there.
Mr. Fox declared that It was an
open garden and easy of access by
animals.
Mr. Conklin stated that it was be.
cause Mr.. Fox was disgruntled over
financial deal that he had taken
occasion 10 vent his spite in such
manner, but Judge Gait said that
even if they were not on speaking
terms It had nothing to do with the
case in hand.
The two gentleman had several
clashes over the affair In the court
room after which Judge Gait sad
the evidence tended to show that Mr..
Conklin would have had ample re-
course against the qound man, had
he in case the horse had been taken
unlawfully and was fined 81 for re-
sisting the ordinance in cutting the
animal loose from the officer
Also the evidence tended to show
that just at this particular time the
boy who was supposed to be IN
charge of the horse was not seen
by either Mr. Fox or the pound man
and when taken was outside the
bounds prescribed by the ordinance,
although Mr. Conklin testified that
he was grazing on vacant property
at the end Of a 10 foot rope. A fine
of 81 was also recorded in this case.
Judge Gait told the gentlemen tnat
II was not pleasant for him TO have
10 adjudicate such matters between
neighbors, but that the ordinances
made his duty in the case clear.