Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1819-11-03

and when she was there abOut one week,
the defendant. STREET, came and took her
away. and that in taking her away she
buCkcd him down.
Cross- enamined by WiLsOR, counsel for
defendant.
O. Mr.. Streitoff-How do you know
the heilcr to be your brother's--by
what marks?
4. BY her having her right horn
hrnkcn, white spot on her belly, and
because she was very wild bucking
hr,G"r.
@. Are you sure the heller now in
vosscssion of STREET is your brothers.!
A. am sure of it ought to know
il, for used to feed it every day, and
many time it has chased me to buck
ne.
The counsel in examining this wit
ness. was very minute in his questions.
winch bothered the witness SO much as
f. SUPPOSE he was intoxicated.
0. Streitoff-How many small glas-
srs Of rum have you drank to-day?
4. (By 1citnesS putting on recollect.
ms m0od) rather guess, sir, have
drank Just about as many again as half.
Anthon. Properly answered.-( Loud
largh.)
Nv tho Court.-Mr. Wilson, it is
oaite unnecessary to ask the witness any
such questions.
Wison.-You may retire Strcitof.
StreitofF.-rhank you, sir.-.Iil ct
out as SOON as eau. for | a:n as sober
as Won, or any one incourt.
ihc next witness OF III part OF the
plain,ig WAS his sistcr. Nlrr StrtiiGj.
a fine. iarge. fat country ;~'If) who de-
posnd that the hcif waS he. brothers.,
tina, she had raised il from coJ. and
that i was very Wild heifrr---had i
viii SPOT on its belly, and broken
horn, SC.
Q. By WiIson.) What vas the CO.
lour at tho hei'er
A. II was a brindle hcjfrr. and lock
ed like its mnth"r.
o. Was it as fat a, its mother!
A. do not think it was.
Q. How large was the white spot OF
the belly3
A About the size of nv hand.
Q. Where was the White spot?
a, Near the navel.
Q. Are YOU sure it is your brother
heifer?
A. en- sure of it.
The next witness was George STREET.
of. the father of the plaintiff. Who sta
ted that he took the hciter from IS me-
Their when it WAS 4 week old. and gave
it TO his som-that il is wild buChing
heirer, has White spot Oh lis belly, ard
broken horn, &c.
CroSs cramined 5g WILSON.
Q. Mr.. Streit"E-arc you sure the
heitrr in question is your sons
A. am sure OF it.
q. Bv what mark?
a. The white spot on its belly.
d. Where was the white spot!
A. Near the navel.
y, How far from The navel?
4. Not quite one hundred yards. il
fam not mistaken. Loud Iaugh)
The plaintiff then produced about g
dozen persons, who all testified it was
his heiier-that it had white spot ~
its belly, broken horn, and that th"i
had scrn it very nften.
A,.hnn. here rested the case on the
part of the plaim'i!f.
Wilson. IN taH part o. the Defendant,
examined twenty five pcrSo'S. who all
swore that the heifcr b"lnHgc:' t. STREET.,
that IL WAS aNcrN tGme hetirr, that they
never perceived any Thi'c SPOT on rs
belly. that its horn was little broke,
and they never kew %trcitnn had a
heir of flat description.
Mr.. Justice Flanagan, testified that
the cause was tried before him. and that
besaw the hriEer-that It was very tame
and h, did mt perceive the white spot
ON its belly. the counsel on the part oi
the pIamtiG' was very severe with Mr.
Flaaagan, and as the justice thought
that he knew more about law than the
counsel, he got little angry, when th'
cnnnseI. tnld him not TO ride quite ST
high hNbby.
The jury then informed thecouIt, thai
unless tneY saw thc hei'er. they cou't
not agree. in consequence at the very
contradictory evidence which had beer