The Cock Crowed, lawsuit over possession of rooster decided, Robert Hemingray testified


Publication: The Muncie Daily Herald

Muncie, IN, United States
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And Delbert Gallaher Won His

Famous Case.

George Alvey Sold the Fowl, a Thoroughbred Game Rooster Belonged to Him and a Big Trial was the Result.


This morning Judge Gray decided a rather peculiar case that occupied his attention for sevarrl hours. Geo. Alvey had replevined a game rooster that was in possession of Delbert Gallagher and claiming that the fowl was his, sued for possession and damages to the amount of five dollars.

The case was called at 9 o'clock this morning and the Judges small room in the basement of the court house was thronged with spectator. Frank Gass looked after Alveys side of the case and R. C. Griffith appeared for Gallaher. Alvey said the rooster belonged to him, that it bore his mark on the bill and that he had missed it in July last. Gallagher then proved that Alvey was mistaken. Robert Hemingray of the Hemingray Glass Co., swore that he gave the rooster to Gallagher over two years ago and T. K. Heinsohn testified that Gallagher gave him the chicken in June, about four weeks previous to the time Alvey claimed to have missed his two legged fighter. Other witnesses were intrduced [sic] introduced and as the preponderance of evidence was on Gallaher's side he decided against Alvey, who was forced to pay the costs, which amounted to considerable more than the fowl is worth. The rooster was in court and when it was handed to Gallaher it uttered a victorious crow that caused a ripple of laughter.


Researcher notes: 
Supplemental information: 
Researcher:Roger Lucas / Bob Stahr
Date completed:May 31, 2011 by: Bob Stahr;