MYERS, Oral - Putnam

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MYERS, Oral

Source: Greencastle Herald 27 Jan 1915 p1

Trial of the now famous “mule case” was begun in the circuit court today. The case which grows out of an accident on the day of the Progressive auto parade through Putnam County is creating quite a lot of interest.  Oral Myers who lives near Carpentersville was driving a mule team along the road when the parade passed.  One of the mules was struck by a machine driven by Mort Rissler and its leg was broken. Now Myers is asking $250 damages alleging that Rissler ran into the mule.  Rissler alleges that the mule backed into the machine and then kicked at it and that he is not responsible for the mule’s actions. Allee, James & Allee represent Mr. Rissler while Charley McGaughey of Roachdale and SA Hays are attorneys for Myers.

Source: Greencastle Herald 27 Jan 1915 p 2

The attorneys of the Greencastle Bar Association and the court house attachees are expecting a lot of fun during the trial of the case of Oral Myers of Carpentersville against Mort Rissler, another Putnam County farmer which has been set for trial tomorrow. The suit grows out of a campaign parade by the Progressives of Putnam County on the 21st day of last October. During the parade, Rissler, who is a Progressive, ran his automobile into a mule team owned and driven by Myers.  A leg of one of the mules was broken and the animal had to be shot.  Myers is suing Rissler for damages.  He asks $250.  WHH Cullen, Charley McGaughey of Roachdale and Hays & Murphy will be attorneys for Myers while Allee, James & Allee will represent Rissler. Because of the fact that the accident occurred during a Bull Moose parade and that a mule, a Democratic emblem was killed as the result of the event, the case gives the attorneys great opportunity for creating much fun during the course of the trial.

Source: Greencastle Herald 29 Jan 1915 p 4

The “Mule Case” still is being heard in the Putnam Circuit Court.  The evidence in the case will be closed this afternoon and arguments will be made tomorrow morning. The jury trying the case is made up of 11 Democrats and one Republican. George Busby is the lonely Republican. The case is one in which Oral Myers is suing Morton Rissler for $250 damages. Myers claims that Rissler, while making an automobile tour with the Progressives last fall ran his machine into a mule driven by Myers and broke its leg. Rissler alleges that the mule kicked the machine.

Source: Greencastle Herald 28 Jan 1915 p 1

The mule case, as the suit of Oral Myers against Mort Rissler, asking $250 damages, now being tried in the Putnam Circuit Court, is now known, has devolved itself in a question of j whether Mort Rissler ran his automobile into the mule or whether the mule kicked the automobile.
The mule’s leg was broken in the transaction, whichever way is was, and now the jury will have to decide which was to blame the man or the mule. Witnesses for Rissler swear that the machine was not nearer than 3’ feet to the mule and that the animal kicked, hitting the machine with such force that its leg was broken. Witnesses for Myers, however, swear that the machine hit the mule.  Grim evidences of the tragedy of the Bull Moose parade, such us the harness in which the mule was working when the accident occurred, have been brought into court to he submitted as evidence in the case.

Source: Greencastle Herald-Democrat, 5 Feb 1915 p
The jury in the case of Oral Myers, of Carpentersville, against Mort Rissler, of Washington township, in which Myers asked $250 as damages, alleging that Mr. Rissler, while driving his automobile in a Progressive auto parade over the county last fall, had run into a mule owned by Myers, breaking the animals leg, failed to reach an agreement and have been discharged by Judge Hughes. The vote of the jury, according to one of the members of the jury, was 11 to 1, in favor of giving damages to Mr. Myers. The one man, however, held out against any damages and so the men could not agree on a verdict. The case caused more than ordinary interest, especially in the neighborhoods in which the two parties to the suit resided. Myers alleged that Mr. Rissler ran his machine into the mule breaking the animals leg. Later the mule had to he killed. Mr. Rissler in his defense alleged that he did not run the machine against the mule but that the mule kicked at the machine as it passed and that the animal's leg was broken when it kicked. Mice, James & Alice represented Mr. Rissler in the ease, while ( barley McGaughey of Roachdale and Hays & Murphy of Greencastle represented Mr. Myers. The case went to the jury Saturday afternoon. After a vain attempt to reach a decision in the case the jurymen notified .lodge Hughes Sunday morning that it was unable to agree and was discharged. The case probably will be tried again.

The jury was given the case on Saturday afternoon at 2:30 o’clock. On the first ballot the vote was 11 to 1 in favor of giving damages to Mr. Myers. The balloting continued .until midnight Saturday. During most of the balloting the vote remained 11 to 1, although on several ballots the vote was 9 to 3. Sunday morning at 8 o’clock Judge Hughes was called and instructed by the foreman of the jury that there was no chance of reaching an agreement. Robert Evans of Washington township, was the one juror who held out against the eleven others and absolutely refused to vote to give Myers damages.
As the result of the disagreement of the jury the case will have to be tried again. It is probable that it will he set for hearing some time during the next term of court.

thanks muches to "Mary Lou" for this fun look at history




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