Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1909-06-02

""N io'' uiCh H'SS LII lOIOlnS pOnQ or
water In the public road, accumulated by
reason Of railroad embankme,t, the
mother suing for damage, as stated last
week. The jury held that Burns was
negligent In driving into the water.
The case of Riley Lake VS.. the school
board Of Lake City was tried Wednes-
day afternoon befor the following jury
II. N. Keithley Ed Adams
Amos Ash Spencer McKesn
5. r. Wilson Thcs. Richardson
VIM. Schmidt Chas. Deter
Frank Upham A.D. Shaw
Henry Watts john Zook
The school board condemned seven
lots belonging to MIR. Lake, fer a school
house and grounds. appraising them at
$40 each. Mr.. Lake asked consider
ably mere and appealed to the district
court. The jury fixed the price at $26
each, which throws the costs or the dis
trict.
Seward |. Field represented the plain
tiff and G. M. Martin the defendant.
The case Of Riley Lake VS.. A. ].
Hargis was disposed Of Thursday after
noon. 1t was an after clap in a case in
replevin. Last summer each claimed a
hog that was in Lakes possession.
Hareis repleyined the hog. giving bond
for damages according to law in such
cases, to reimburse Lake if the hog
proved to be his. Lake won in Justice
court and then claimed damage against
Hargis on the bond. A Jury was
waived and the matter Of what constitut-
ed damage, in law, was submitted to
Judge Gillett. 1t was held. in substance,
that the expense entailed in defending
title to the property was legitimate DAM
age and Judge Gillett awarded $l25 to
the plaintiff. Hargis Immediately asked
Tor a re-hearing. Seward |. Field rep
resented Lake, and C. M. Martin rep
resented Hargis. Judge Gillett over
ruled the motion for a new trial and no
tice Of appeal to the supreme court was
given.
The case Of Cramer VS.. Mccain oc-
cupieeIthe attention of the court Friday
forenoon and part Of the afternoon. 1t
involves title in the Commercial hotel OF
kiowa. Cramer holds title now, having
procured tax title and conveyances from
alien brothers and sisters Of the late
owner. Kate Cravens, deceased. Now
come resident relatives and claim title and
open up the judgment. After the evi-
dence was submitted, counsel on each
side made statement of their respective
theories, and agreed to submit written
bief to the court in 80 days. From the
remarks made in court. it is evident that
this case will be carried up to the supreme
court, regardless Of how Judge Gillett
finally decides it, and when the litigation
ends the hotel will have been absorbed
in attorneys fees. expenses and court
costs.
Noble & Tincher Of this city and Ex-
Attorney General A. A. Goddard of
Topeka represented Cramer, and Sam
uel Griffin Of this city and Harris VIII
liams Of Chicago represented the defend
ants. James ]. St. Lawrence Of Chicago.
also a lawyer, is one Of the defendants.
having been related to Kate Cravens.
Another case Of similar character
was entitled Dunlap vs.. w. J. Sterling.
1t was a suit to open up a judgment.
Mr.. Sterling resides near Hardtner. He
took out tax deed to a quarter section
Of land some years ago and the original
owner and heirs now come IN and make
a tender and demand the land. There
are some intricate questions involved in
the case and Judge Gillett has taken the
matter under advisement. Each party
was given 80 days to submit written
briefs. The defendant is represented by
Noble & Tincher and the plaintiffs BY
Seward |. Field and Frank Macy. the
latter residing at Liberal.
Ed Newkirk and Walter Wallace
who were found guilty Of petit larceny
at the beginning Of the term, were fined
500 each. no jail sentence being i'm
posed on either. Sentence was pro-
nounced on Friday. They settled with
the clerk Immediately. This is the final
chapter IN the unfortunate taking Of small
articles Of goods by Wallace. from several
Of our merchants last November, and
Newkirk being with him al the time
could not escape suffering with him.
The return of Wallace and giving HIM
self up, voluntarily. after he had success
fully gotten out Of the country. and the
very grave doubt Of Newknk's guilt. had
probably much to do with Judge Gillett's
decision to impose a fine without jail
sentence.
Edith Boots of Isabel was granted a
divorce from NJ. G. Boots on the grounds