"I shall not trouble your honor by reading our reply in full, but briefly state its contents," said he, in substance."We admit that the herds in question, which have been correctly described by road brands and ages, are the property of my client.We further admit that the two trail foremen here under arrest as accessories were acting under the orders of their employer, who assumes all responsibility for their acts, and in our pleadings we ask this honorable court to discharge them from further detention.The earnest-money, said to have been paid on these herds, is correct to a cent, and we admit having the amount in our possession.But," and the little advocate's voice rose, rich in its Irish brogue, "we deny any assignment of the original contract.The Western Supply Company is a corporation name, a shield and fence of thieves.The plaintiffs here can claim no assignment, because they themselves constitute the company.It has been decided that a man cannot steal his own money, neither can he assign from himself to himself.We shall prove by a credible witness that The Western Supply Company is but another name for John C.Fields, Oliver Radcliff, and the portly gentleman who was known a year ago as 'Honest' John Griscom, one of his many aliases.If to these names you add a few moneyed confederates, you have The Western Supply Company, one and the same.We shall also prove that for years past these same gentlemen have belonged to a ring, all brokers in government contracts, and frequently finding it necessary to use assumed names, generally that of a corporation."Scanning the document in his hand, Sutton continued: "Our motive in selling and accepting money on these herds in Dodge demands a word of explanation.The original contract calls for five million pounds of beef on foot to be delivered at Fort Buford.My client is a sub-contractor under that award.There are times, your honor, when it becomes necessary to resort to questionable means to attain an end.This is one of them.Within a week after my client had given bonds for the fulfillment of his contract, he made the discovery that he was dealing with a double-faced set of scoundrels.From that day until the present moment, secret-service men have shadowed every action of the plaintiffs.
My client has anticipated their every move.When beeves broke in price from five to seven dollars a head, Honest John, here, made his boasts in Washington City over a champagne supper that he and his associates would clear one hundred thousand dollars on their Buford contract.Let us reason together how this could be done.
The Western Supply Company refused, even when offered a bonus, to assign their contract to my client.But they were perfectly willing to transfer it, from themselves as contract for the delivery of the beeves.The original corporation, to themselves as individuals, even though they had previously given Don Lovell a similar award was made seven months ago, and the depreciation in cattle since is the secret of why the frog eat the cabbage.My client is under the necessity of tendering his cattle on the day of delivery, and proposes to hold this earnest-money to indemnify himself in case of an adverse decision at Fort Buford.It is the only thing he can do, as The Western Supply Company is execution proof, its assets consisting of some stud-horse office furniture and a corporate seal.On the other hand, Don Lovell is rated at half a million, mostly in pasture lands; is a citizen of Medina County, Texas, and if these gentlemen have any grievance, let them go there and sue him.A judgment against my client is good.
Now, your honor, you have our side of the question.To be brief, shall these old Wisinsteins come out here from Washington City and dispossess any man of his property? There is but one answer --not in the Republic of Keith."All three of the plaintiffs took the stand, their testimony supporting the complaint, Lovell's attorney refusing even to cross-examine any one of them.When they rested their case Sutton arose, and scanning the audience for some time, inquired, "Is Jim Reed there?" In response, a tall, one-armed man worked his way from the outer gallery through the crowd and advanced to the rail.I knew Reed by sight only, my middle brother having made several trips with his trail cattle, but he was known to every one by reputation.He had lost an arm in the Confederate service, and was recognized by the gambling fraternity as the gamest man among all the trail drovers, while every cowman from the Rio Grande to the Yellowstone knew him as a poker-player.Reed was asked to take the stand, and when questioned if he knew either of the plaintiffs, said:
"Yes, I know that fat gentleman, and I'm powerful glad to meet up with him again," replied the witness, designating Honest John.
"That man is so crooked that he can't sleep in a bed, and it's one of the wonders of this country that he hasn't stretched hemp before this.I made his acquaintance as manager of The Federal Supply Company, and delivered three thousand cows to him at the Washita Indian Agency last fall.In the final settlement, he drew on three different banks, and one draft of twenty-eight thousand dollars came back, indorsed, DRAWEE UNKNOWN.I had other herds on the trail to look after, and it was a month before I found out that the check was bogus, by which time Honest John had sailed for Europe.There was nothing could be done hut put mny claim into a judgment and lay for him.But I've got a grapevine twist on him now, for no sooner did he buy a herd here last week than Mr.Sutton transferred the judgment to this jurisdiction, and his cattle will be attached this afternoon.I've been on his trail for nearly a year, but he'll come to me now, and before he can move his beeves out of this county, the last cent must come, with interest, attorney's fees, detective bills, and remuneration for my own time and trouble.That's the reason that I'm so glad to meet him.Judge, I've gone to the trouble and expense to get his record for the last ten years.He's so snaky he sheds his name yearly, shifting for a nickname from Honest John to The Quaker.
In '80 he and his associates did business under the name of The Army & Sutler Supply Company, and I know of two judgments that can be bought very reasonable against that corporation.His record would convince any one that he despises to make an honest dollar."The older of the two attorneys for the plaintiffs asked a few questions, but the replies were so unsatisfactory to their side, that they soon passed the witness.During the cross-questioning, however, the sheriff had approached the judge and whispered something to his honor.As there were no further witnesses to be examined, the local attorneys insisted on arguing the case, but Judge Mulqueen frowned them down, saying:
"This court sees no occasion for any argument in the present case.You might spout until you were black in the face and it wouldn't change my opinion any; besides I've got twenty cars to send and a train of cattle to load out this evening.This court refuses to interfere with the herds in question, at present the property of and in possession of Don Lovell, who, together with his men, are discharged from custody.If you're in town to-night, Mr.Reed, drop into the Lone Star.Couple of nice monte games running there; hundred-dollar limit, and if you feel lucky, there's a nice bank roll behind them.Adjourn court, Mr.
Sheriff."
