The Mena weekly star., 1912-04-18

Tor years use of the private switch track which runs across lots owned by Mrs. Shrewsbury in reaching the lumber yards which were operated by the defendant. AL though it was admitted by Mr. Lit tie that he had paid S6.25 at one time on this kind of claim, he said he had notified Mfr. Shrewsbury. agent for Mrs. Shrewsbury, that he did not consider it right and would pay no more, as he ordered cars for shipping out his timber from the railroad company, and the railroad put the cars in and took them out again. Attorneys for the plaintiff showed that it was a switch put in for the convenience of several lplants along Third street, and that others were paying for the right to have the track occupy lots owned by the plaintiff. The jury retired after the lawyers argued the case and pondered over the question for several hours, but were unable to reach verdict and were dismissed at 3 o'clock.
 A suit of Dr. w. P. Parks against the Pullman Car Company was tried also Tuesday. It was for the value of an automatic revolver taken from the doctors grip while he was a passenger on one of the company's cars last January. The jury returned verdict in favor of the plaintiff in the sum of si5.
 A little relief from the "5 and 10 cent counter" came in Circuit court Tuesday afternoon, when the suit of the Arkahoma Cooperage Com pany ys. Sam Henderson came to trial. In this suit nearly $500 worth of slaves were in question. Mir. Henderson had levied on the slaves while they were in the wood in Ok lahoma for supplies furnished from his Smithville store to the man making the slaves. Following this the Arkahoma Cooperage Company came in and claimed the slaves un- der bill of sale given by the stave maker. In the trial of the case yesterday the jury returned a yer dict for the plaintiff.
 The suit of T. R. Bates vs. $. A. Neighbors to collect a , per cent commission for selling a farm near Potter was also tried Tuesday af- ternoon. The jury gave Mr. Bates his full claim, which amounted to $50.
 Wednesday the same kind of Ia suit came up over the proceeds of some cantaloupes at Grannis last season. W. E. Hungate garni- sheed the funds coming to J. NJ. Gunther from shipment of canta- loupes to the amount of over S60 for a debt due him from John Gun ther. In the suit on trial this morning Merlin Gunther, whose full name, according to his state ment and that of his mother and father, is John Merlin Bayno Gunther, claimed the cantaloupes belonged to him. There was much testimony regarding who purchased the seed, fertilizer and crates, who worked, picked, packed, marked and shipped the cantaloupes. There was also a good deal of time given to question of names. The father was known as John and the son as Merlin Gunther. No one knew the young man to be ]. NJ. Gunther, but none knew that not to be his name. The jury decided that the evidence showed the cantaloupes belonged to the young man and gave him the right to recover the money which was held from him under the gar- nishment proceedings.
 Other cases disposed of are as follows:
 T. w. Clark vs. Vaught Bros, continued to next term
 J. l.. Gates vs. Ida M. Carson, dis missed at cost of plaintiff.
 Merchants National Bank vs. w.. l.. Williamson, dismissed at cost of defendant.
 I. R. Mckee vs. K. c. s. By, dis missed at cost of defendant.
 E. V. Mastels vs. L. L. Stockton, dismissed at cost of defendant.
 w. c. Vandiver vs. Leda McCann, dismissed at cost of plaintiff.
 J. E. Jobs ys. K. c. s. By. dis missed at cost of defendant.
 H. w. Leadaman vs. Wm. Patrick, dismissed
 B. B. Goss vs. J. l.. pipkin, dis missed.
 Charles Sanford vs. W. s. Curry, jury trial and verdict for plaintiff in the sum of $500.
 T. J. Taylor vs. w. NJ. and James Maddox, dismissed at cost of plain tiff.
 J. r. smith vs. w. E. Hungate, continued to next term.
 w. A. Townsend vs. Chas. Kirk land, continued to next term.
 Tomiinson Bros. vs. M. B. Shrewsbury, continued to next term.
 Columbia Fire Insurance Co. vs. Wm. Steel, continued to next term.
 J. R. Mckinney vs. F. NJ. Cecil, continued to next term of court.
 The grand jury reported this morning. returning fifteen more in- dictments.