The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1916-01-19
Psy Of Legal Acumen Proves DiYerling TO
Crowd; Attorneys Strong on 0bjec-
lions and Save Several Bushels
Of Exceptions
VERDICT FOR BANK;
INTEREST CUT OUT
Plaintiff is Given Judgment for $4OS,63
in Suit for $500 in Which Usury
Figures; Midland Savings
Company Wins Case

In the matter of the Farmers State
Bank ct al VS.. ]. V. Hoblit ct al, tried
in the district court yesterday, the
jury brought in verdict for the plain
tiff in the sum of slOS6S. In this case
the defendants set up as a defense a
Plea OF usurious interest having been
charged. The original suit was for ap-
proximately $500. principal and aecru-
ed interest. In arriving at a verdict
the jury took the original notes, al
ieged 90 have been executed by the
defendant together with the checks
for amounts which had been paid upon
the notes both as interest and to apply
on the principal. From the original
notes these amounts so paid were
deducted and interest at the legal rate
was computed on the proper amounts
No interest WAS allowed on the notes
for the first six months OF their lives
the jury alleging that the bank had
taken out the discount in advance.
After short deliberation the jury
In Me matter Of the Midland Savings
association w. r. w. Brandon, re-
turned a verdict for the plaintiff com
pany. s. G. Durbin OF Chickasha, rep
resented the plaintiff and J. w. Bar
.tholomew Of Oklahoma City repre-
sented the defendant
The case OF Dnd Roland VS.. ]. S.
Brown was called and the following
Jury empanelled: Lee Fentriss, T. J.
King, J. w. Hallmark, R. L. Wose, J.
7. t;ossett, George Nell, |. B. Horn,
Hope Dunn. ]. A. Dickson. J. L. Cor
tis, II. r. L. McIain and Pete Bruner.
This case will probably occupy the
attention Of the court throughout the
day over twenty witnesses have been
subpoened and each witness has a
lengthy story to tell when put on the
stand.
According to the petition Of the
plaintiff, and the testimony thus far
deduced, the defendant, on the ninth
day Of September. last past, at a sale
given by the defendant, bought bunch /
OF steers-eight. or nine in number.
The bone Of contention, according to
she testimony seems to be one small
steer of the alleged value of $3.50.
The plaintiff alleges that Brown
bought the nine steers at S4s.50 all /
around that he told him after the sale
and after he had settled for the steers,
that he had bought but eight; that the
plaintiff told defendant he did not
want him to pay for more than he
had bought: that defendant was given
Lack his check issued in payment for
the nine steers and gave in lieu there
OF another check in payment for eight |
steers: that plaintiff afterwards
found that the small steer had been
side-herded from the others and lef,
on his hands; that he demanded OF
defendant that he take the little fei
low and pay for him; that defendant
and plaintiff agreed to leave the mat
ter to Col. Hubbard, the auctioneer'
and abide by his decision; that Col.
Hubbard appeared on the scene to ar
bitrate the matter; the defendant re-
fused to arbitrate and stated to Col.
Hubbard that he did not care to en-
barass him (Col. Hubbard) by having
him settle or decide the natter that
defendant further alleged the matter
had better be settled in court.
Attorney Oscar Simpson and A.
7 Herr represent the plaintiff
while the interests of the defendant
are being looked after by Attorney Ad
Melton. The attorneys are exerting
every effort to relieve the trial of tedi
BUSINESS and are affording great amuse-
ment to both the jury and the onlcok-
ers and court attendants. From the
time the first witness was called to the
stand until the court recessed for
noon. The case proved very enter
tanning TO all present. When the attor
rey for the one side would PROFOUND d
question to witness II was ten to
one bet that the attorney represent