The Mena weekly star., 1909-04-29
RAILROAD WINS A CASE
Liner and Stockton Get No Damage for Breaking of Dam Other
 Civil Cases.

IN CAlh0 OA M VI A~- and K. H. Stockton against Kansas City Southern railroad for damage to their land by the breaking of a dam, which was on trial all day Thursday, result ed in victory for the railroad. It appeared, according to the evidence, that at former date the company had paid damages for the water flooding these lands, and Messrs. Liner and Stockton at this time had entered into a contract to tuild dam of certain size. This dam was built and it was claimed it was made higher than the contract called tor. It was also shown from the lodgment of drift in the underbrush that the waters dur ing the flood went much higher than the top of the dam, strength ening the theory that the flood was of such unusual proportion as to relieve the railroad of the responsibility of the damage caused.
 During the motion hour Thurs day it was decided that all. other railroad cases are to bt continued until May 4. Among the most important of these cases are the ones resulting from the death of Freddie, Il years of age. and the serious injury of Levi, l3 years of age, tue sons ot W. K. Joplin. Last Septembel these boys ran away from hem, and boarded freight train going south from Mena. It is said that the brakeman on the train took knife and 15 cents from the boys aud they were permitted to ride as far as Gillham. when they jumped off the moving train. As result Freddie, the young est boy died, while Levi was se- ilously injured. There are three suits in the case, one for the estate of the dead boy, one for his father for the loss ot the boys services, and the other for the injuries received by Levi. Each suit Is for $2,000, the larg- est sum that can be sued for and avoid the possibility of the eases being removed to the Fedora court at great additional expense. Attorney J. I. Alley represents the plaintiffs I all these cases.
 The trial of the ease of J. w. Ingersoll vs. the lugham Lum per Company was finished We'd uesday afternoon and the jury returned verdict in favor oi the plaintiff, awarding him damages to the amount of $29O. The sui was for over $l, ,2c0. It is prob able that the case will not b appeared.
 The grand jury IS putting ir full time, and there are many citizens srom various parts ot th, county standing around the court house waiting to be called.
 Thursday morning Foreman c. H. Jett, with his fifteen enquirers- into-crime filed into the court room and returned fourteen in. dictments. The only ones so far made public are for three parties being held in the county jail, whose cases were considered before any other matters wer, taken up.
 Bert Reed was recently ar rested aud held to the grand jury for the alleged stealing of $40 from the home of Patrick Byrue. The grand jury indicted Reed, charging him with grand lar. ency.
 Joe and Frank Cook, held for the theft of some blacksmith tools, were indicted for petit lar ceny and entered their plea ei guilty before Judge Steel soon after the indictment was returned and were fined $10 each.
 Friday morning the suit of T. A. Harwell vs. w. K. .Lighton was tried. It was little out of the ordinary, from the fact that MT. Lighton defended his own case. He was sued by Mir. Harwell for lumber and logs which he claimed Lighton purchased at the time they were on a deal in which Lighton was to purchase the Harwell sawmill at Gam. Ligh- ton claimed that the purchase oi the logs and lumber was contin- gent ou the purchase of the mill | and this trade failed because Har- we'll did not secure further timber for the mill as agreed. Mir. Ligh- ton handled his case in an excel lent manner, but the weight of evidence was greatly against him and the jury gave MT. Harwell | judgment
 Other cases disposed of are as follows.
 N M Roach vs. II. c. Bowen. motion to quash summons, sns- 
 Hatfield Mercantile Company