1907. 
THE CATTLE CASE IN COURT. 
[Many readers do not understand how cases like that 
which Mr. Dawley has brought against The R. N.-Y. are 
made up. I 1 irst, the person who thinks he has been injured 
makes a complaint in which he states his grounds for bring¬ 
ing the action. The lawyers for the defendant are permitted 
a certain number of days in which to make an answer. 
This answer, with the charges, make a case for trial. Below 
we give a careful synopsis of the charges and our answer in 
the first suit brought by Frank E. Dawley.] 
The Complaint of F. E. Dawley. 
Stripped of legal technicalities and phraseology, Dawley 
alleges that on November 22, 1905, he sold Isaac C. Rogers, 
Dansville, N. Y., 10 head of purebred registered Jersey 
cattle. That thereafter a controversy arose between the 
said Rogers and the said Dawley in reference to the identi¬ 
fication of the animals, Rogers complaining that the cows 
did not correspond to the papers. That Rogers demanded 
investigation by the A. J. C. C., that investigation was held 
and report of the same given out for publication by the Club. 
That on June 8 Tiie Rural New-Yorker contained an edi¬ 
torial to the effect that one-of the animals sold by Dawley 
to Rogers was represented by Dawley to be a registered cow 
known as “Dotshome Harmony,” but, at the hearing before 
the Committee, Dawley did not identify any cow in the pos¬ 
session of Rogers as the said “Dotshome Harmony,” and 
that, “as Dawley is informed and verily believes,” “Dotshome 
Harmony” sold by Dawley to Rogers was not exhibited to 
the Committee, but that some other cow had been substituted 
in the place of the said animal and was presented to the 
committee upon said hearing as “Dotshome Harmony.” That 
the committee in its report, found that the said animal so 
produced by Rogers did not, in the judgment of the said 
committee, correspond with the registry papers furnished by 
Dawley to Rogers. Dawley further alleges that he did not 
sell the said cow so produced by said Rogers to said Rogers, and 
that he never owned her. It is also alleged that in this same 
issue, June 8 , an editorial called this “Dotshome Harmony” 
a bogus cow, and alleged that Dawley seemed to have a 
habit of delaying the sending of registry papers, claiming to 
have a record of another transaction where repeated urging 
failed to induce Dawley to send pedigrees as promised. 
I he complaint finally alleges that Dawley never sold a bogus 
cow to Rogers and that he never failed to give transfer or 
registry papers to anyone to whom he sold cattle, and, that 
by the publication of these matters, Dawley is injured to the 
extent of $50,000. 
The Answer of The R. N.-Y. 
In our answer we allege that the words set forth as libel¬ 
ous are not true, full and complete extracts from our paper, 
but are garbled, incomplete and disconnected and misleading 
extracts, which cannot be properly understood except when 
they are taken in connection with the context of such pub¬ 
lication. 
We deny that the 10 head of cattle sold by Dawley to 
Rogers were purebred. We allege that several of these cattle 
are grades, bought as such by Dawley, and registered and 
sold by him as purebred animals. 
We also deny that the investigating committee took evi¬ 
dence and proof from Rogers, but allege that the report was 
based upon the evidence and proof submitted by Dawley 
alone. 
We allege that Rogers, relying upon the word and rep¬ 
resentation of Dawley, accepted the cattle, believing each 
one to be a purebred Jersey; whereas in fact, several of 
(hem are grades, and all of them are not properly regis¬ 
tered to their dams. 
As to the cow known as “Dotshome Harmony,” we allege 
that Rogers bought this cow of Dawley, as in the case of the 
others, relying upon the latter’s statement regarding her; 
also that the cow sold and delivered to Rogers by Dawley 
as “Dotshome Harmony” was not the cow registered under 
that name, and that Dawley never delivered to Rogers the 
title “Dotshome Harmony ” but instead delivered a certain 
cow which was not the one registered under the above name. 
At the hearing before the investigating committee we allege 
THE RURAL NEW-YORKER 
that the cow actually sold by Dawley to Rogers as “Dotshome 
Harmony” was produced by Rogers, and that the committee 
examined her and reported that this identical cow sold by 
Dawley and shown by Rogers did not correspond with the 
registry papers of the real “Dotshome Harmony,’ and that 
the A. J. C. C\, on the strength of this report, denies the 
progeny of this cow the right to be registered and sold as 
purebred Jerseys. Wc allege that, at this hearing, Rogers 
identified this cow positively as the one Dawley sold him 
and represented to him to be “Dotshome Harmony,” while 
Dawley did not deny her, but stated that he believed the cow 
shown by Rogers to be “Dotshome Harmony” if she wa s in 
the stable. 
743 
COLD MINES IN ORCHARDS. 
We also allege that Dawley promised and agreed to de¬ 
liver, as a part of his contract, complete pedigrees and 
registry papers, but that he failed to do this, in violation of 
his agreement. The investigating committee reported that 
Rogers was entitled to this information, but Dawley delayed 
or wholly failed to give it, with the consequence that Rogers 
found himself in difficulty with a bank, which was to take 
the cattle as security for a note, the failure to obtain the 
papers destroying or reducing the value of the cattle as such 
security. Three specific cases are cited where such papers 
have been delayed in this way. 
We also allege that Rogers preferred charges against Daw¬ 
ley to the A. J. C. C., of which Dawley is a member. Daw¬ 
ley voluntarily appeared before the Investigating committee 
DOTSHOME HARMONY. THE COW BEHIND THE SUIT. 
and submitted himself to the jurisdiction of the Club. The 
report of the committee was given out for publication. 
Dawley assented to it, and by so doing, Invited discussion of 
his conduct and methods in connection with the case and the 
methods of such investigation, thus justifying fair criticism. 
All these matters so discussed were of public interest to 
farmers and the public generally. That the function of this 
paper is the printing of information for the benefit of farmers 
and the rightful support of such measures and principles as 
affect their just interests. The publication of matter pertain¬ 
ing to this Jersey cattle controversy was for the purpose of 
emphasizing the principle that clubs organized to register 
purebred animals were under obligation to the farmers who 
bought registered stock at high prices from their members 
to investigate serious complaints presented in proper form 
when the complaint is presented in the form of an affidavit, 
and corroborated as in this case by the affidavits of respon¬ 
sible and disinterested parties; that we held that it was the 
duty of the A. J. C. C. to Investigate these matters and 
justify the accuracy of its records. 
The issue is now joined and the facts in the case as above 
outlined will have to be passed upon by court and jury. 
Onk-iialf the world never knows what the other half 
eats. The New Mexico Experiment Station prints a bulle¬ 
tin on the food value of cactus or prickly pear. It appears 
that thousands of Mexicans practically live on cactus pulp 
during certain seasons. 
From time to time stories are told of the wealth taken 
from the orchards of western New York. The following 
notes taken from local papers in Niagara and Orleans Coun¬ 
ties are fair statements: 
Fortunes in Fruit. 
There are some very large apple crops in this county 
after all. Fred. II. (Hidden, south of Holley, has sold his 
crop estimated at 5,000 barrels, for $3 per barrel. Seth 
Allis, another Holley farmer, also expects to market 5,000 
barrels. When orchards produce in this fashion, it makes 
ordinary farming look like thirty cents. Think of it! $15,000 
for the sale of one crop from a farm in one season. And 
here is another true story : G. D. Billings, a Carlton boy, 
bought a 90-acre farm at Barker a few years ago for $50 an 
acre. He has prospered finely every year he has held the 
property, and this year he has contracted his fruit crop 
alone for $0,000. He gets $3.50 per barrel for his Winter 
apples and $4 for his Twenty Ounce, and his peaches bring 
$1 per basket. Such prosperity as this is enough to drive 
away the blues from any community. Report says Albert 
Wood has been offered and has refused $10,000 for his 
fruit crop—apples, pears, plums. H. J. Bailey has bought 
Sam Nesbitt’s apple crop of 3,500 barrels and Frank Mason’s 
crop of 2,300 barrels, paying $4 per barrel for all first qual¬ 
ity fruit 2!4 inches or more in diameter. H. D. Smith 
has bought Obe Smith’s crop of 1,000 barrels on the trees 
for $2,350, buyer to pick and pack and Smith to draw to 
market. T. F. Hanlon, of Waterport, has sold his crop 
of apples, 1,500 barrels, for $3 per barrel for everything 
but the ciders. Philo Wilson, of ICuckville, sold 100 bar- 
rels of Bartlett pears for $0 per barrel and Is holding the 
rest of his pear crop. John Hakes sold his pear crop at 
blossoming time to Behrenburg & Beckwith for $2.80 per 
barrel. He has 1,500 barrels and the fruit is now worth 
$5 per barrel. One of our bankers who knows the situa¬ 
tion says that Orleans County will this year receive for Its 
fruit the greatest sum of money ever paid for a crop nere, 
and that the next bank reports will make an unparalleled 
showing of deposits. 1907 is destined to be known as the 
farmers’ golden year.—Orleans Republican. 
Veritable Gold Mines. 
The fruit crop of this section of the State could hardly 
be better in a monetary way. In other sections the crops 
have been partially and in some instances total failures, 
while that of this neighborhood has teen excellent. Prices 
are soaring high and the fruit raiser who has a good crop 
this season has a veritable gold mine. Some have even re¬ 
fused $3 per barel for apples on the tree, and are holding 
back for the $4 which I hey believe they can get. A dav or 
two ago a farmer between this and Olcett stated to a 
Union-Sun man that four years ago he had bought a farm 
in that locality for $*’. 000 , naying $ 2,000 down fo- the 
property. Since ten he has paid the balance of $ 4,000 and 
this year will clear at least $3,000. He says he expects to 
leave the farm this Fail, build a house in town, rent bis 
place on shares and live peacefully and contentedly ever 
after, truly a fruit farm in this section is something 
worth having, especially under existing circumstances. Feo- 
ple about here hardly realize just what they have.—Lock- 
port Union-Sun. 
It. N.-Y.—And yet no man should imagine that, he can go 
out into the country and develop such orchards without 
great labor and the highest skill. Rrain work and energy 
ol the highest type are needed to reach such results. 
An indication of the revolution in Niagara County farming 
interests that the fruit industry has wrought in a few 
years is the sale just reported of a 40-acre farm in the town 
of Somerset for $11,000, nearly $300 an acre. Upon this 
piece of land is a 20 -acre apple orchard with an estimated 
crop this year of from 2,500 to 3,000 barrels. Eight or 10 
HS? a £° In that section or almost any section of the countv, 
, an acre was top notch and there were more sales at 
$•>0 an acre and less. Of course, fruit prices are almost 
unprecedented this year, that is since the Civil War, and can¬ 
not be maintained every year at this rate. 
As an illustration of the way-upness of prices of fruit 
and other farm products it is related that a Genesee County 
man has sold his Bartlett pear crop for $ 1,000 on a small 
farm that he recently paid $1,700 for. As high as three 
abofft L P r°n U !!i h° r P. ears '« '>«'ing paid, which is equal to 
about $4..>0 per barrel, but Niagara County can beat that, as 
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