The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-01-22
BY HARRY ROOT

| By HAIRY ROOI.
A court trial which made Osborne
case of ]. C. Lawrence, plaintiff,
against z. c. Young defendant. The
Ireplevin suit was originally brought
before justice of the peace to recover
iS10.65. in November, 1885. The case
was heard for a day before a jury of
six persons, who finally stood five to
one in favor of the plaintiff. The sec
ond trial was held before the same
court ten days later. This jury failed
tou agree, and stood to 1 in favor
of the plaintiff. The third trial in the
| Justices court came up in December,
to settle the vexed question of the
ownership of the hog SO far as they
were concerned, but not to the salts
faction to all the parties in the trans
action. The jury returned verdict
that the defendant had a clear title
to the hog, and the plaintiff pay s10.5o
to the defendant, together with the
costs in the case. To this verdict the
plaintiff took vigorous exception, and
filed an appeal, and the case was taken
to higher court, the hog being put
in a pen to await the verdict. The
next year. IN February. 1885. the case
was called by the clerk of the Osborne
county district court, and both sides
answered they were ready. After
wrestling with the case for several
discharged, standing 10 to for the
defendant. In the second trial over
the ownership of the hog, which came
up in October, 1885, the jury returDed
a verdict for the plaintiff; Lawrence.
The attorneys who fought the case for
the plaintiff were walrond, Mitchell &
Heren, of Osborne. and Ellis & Ellis,
of Beloit. THE defendant was repre-
sented by Hays & Pitts and E. F.
Robinson, of Osborne. In February,
1887, a jury returned a verdict in the
district court of Osborne county for
the plaintiff Lawrence, for the hog or
its value in the sum of $1,000 and the
costs of the action to the amount OF
S2,0s6.s5. On this verdict the court
entered Judgment, from which the de-
PENDANT, Young, excepted, and nleo
motion for a new trial, which was
|overru1ed, and the defendant gave no
tice of appeal to the supreme court
The case was never appealed In
August, 1887, Lawrence filed his peti-
ton in the district court of Osborne
county against Defendant Young and
others. alleging that Young and the
other defendants had conspired to-
gether to put their property where 1t
could not be reached by legal process
to satisfy the judgment of Lawrence
against Young. The prolonged litiga-
ton over the noted hog case seems to
have bankrupt the 1itigants. They
left Osborne county. Lawrence locating
lin Oklahoma and Young to the Pa
cific coast. In one of the suits Welcn
& WEIGH. of Topeka, were known in
the hog case. The original price OF
the hog was $10-65- In the several
trials and costs of the case the figures
ran up to over $4,000. The records
showed that Young. as nominal de-
PENDANT, had a bond from other par
ties in the case to protect him against
any loss in carrying on the litigation
with Lawrence, who alleged that
Young had entered into a conspiracy
with others to defeat. the judgment
rendered in the action. The bond
given Young could not be found, and
all the property that stood in the name
of Young and others had been con-
veyed to other parties. and could not
be reached by execution. Apparently
the evidence in support OF the allega-
lions of plaintiff failed, and the costs
of the last case were taxed to the
plaintiff. Lawrence, and this ended the
most famous case ever tried in the
courts of Osborne county.
W. G. Baker. of wakeeney. has re-
tired from active business, and his
son, c. H. Baker. succeeds him in the
meat industry He is the oldest BUSH
ness man in Trego county IN con-
itinuous application to business He is
laiso the Oldest resident, locating there
in March, 1878. In pioneer times he
furnished meats to several towns west
of Wakeeney, as well as to the Union
Pacific railroad.
Two of the earliest homesteaders 70
Phillips county were Lyman and ASH
ton Perkins. They took up claims
near KirTin, in 1870. The brother
Lyman's farm was in later years the
site of Fort kirwin- They have seen