The Jones County Calf Case
551
riously burned to the ground. He was tried a second time and acquitted. Johnson determined to have revenge and vindication. He gathered informa tion concerning the membership of the "Horse Thief Association," and on May 23, 1878, started suit in Jones county for malicious prosecution, demanding $10,000 damages from E. V. Miller, David Fall, George W.Miller, Abe Miller, John Foreman, S. D. Potter and Herman Keller. A change of venue was taken by the defendants to Linn county and from there a change was taken to Benton county. The case was tried here first with a disagreement of the jury. It was tried a second time and Johnson recovered a verdict for $3,000. The court set the verdict aside. A change of venue was then taken to Clinton county. At the conclusion of the trial there Johnson secured a verdict for CHARLES E. WHEELER $7,000. The court set that verdict aside. A change of venue was then The attorney who fought Mr. Johnson's long battle in the courts to a successful issue taken to Blackhawk county. There Johnson again won. This time the jury said he should have $5,000. From judge having submitted certain specific this verdict the defendants appealed questions for the jury to answer. Both to the Supreme Court of Iowa and the motions were overruled and judgment case was reversed. On the next trial rendered against the six defendants. in Blackhawk county, Johnson was Thereafter they appealed and judgment awarded, by the jury, a verdict for of the lower court was affirmed, Jan $6,000. From this the defendants uary 27, 1891. appealed to the Supreme Court and again When it came to the payment of the the case was reversed by this highest trial costs the defendants against whom tribunal. On the last trial in Blackhawk the verdict stood wished to pay but county, Johnson recovered a verdict six-sevenths of them, contending the for $1,000 against six of the defendants, exonerated defendant should pay his the court having instructed the jury share of the defense. They once more to return a verdict for the defendant, went to the Supreme Court on this Herman Keller, whose connection with question and the higher tribunal directed the "Horse Thief Association" was not the six to pay the total costs of the de proven. The six remaining defendants fense. This last ruling was made filed one motion to arrest judgment December 20, 1894, so the case consumed and another for a verdict for the de from the beginning twenty years. fendants on the ground the findings were E. V. Miller, Abe Miller and H. D. in conflict with the general verdict, the Keller died about the close of the litiga
