The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1883-12-22
DISTRICT COURT.
Poland VS.. Martin-An Important Case on
Trial Other Matters.

Court convened yesterday morning
at $780, Chief Justice j. B. Sener, pre-
siding.
The journal record Of the day before
was read by the clerk and approved by
the court.
There were quite q large number of
spectators in attendance, and the reRu-
lar petit jury panel or the members of
the same at least, were promptly on
hand with two exceptions, and they ar
rived not much behind time.
Among the spectators-a majority of
them in fact-were numerous ''sheep
men," not that they looked sheepish,
or inclined to go forth sheep maverick
ing, but what is meant is that they
were men that have sheep ranches and
deal in sheep and wool.
These parties were attracted to the
court room because, as Judge Sener
said, the day before, there were to be
800 sheep In court, or in other words
the question of title and right of pos
session of that number of sheep, was
to be tried and determined as between
George E. Poland and Reuben Martin,
and unlike the question of title to cat
tie, there was no brand to determine
the question of ownership. 1t was to
be determined by resorting to ioentiH-
cation, circumstances, personal obser-
walton, and the habits and collective
instincts of the sheep themselves,
which will oftentimes lead them to re-
turn to their habitual range, or to use a
stereotyped term, stamping ground,
when taken or driven away TO other
places unknown to them.
There was quite a number Of wit
nesses present and altogether, taking
the ~jurers, spectators, witnesses and
the Learned counsel' with their array
Of books and papers, the court
room looked quite lively and ami
mated.
This was, or rather is, an action in
replevln, growing out of a separation or
intermingling of sheep owned by the
plaintiff and defendant respectively
during the prevalence of a severe snow
storm sometime over a year ago.
Poland claimed that his sheep mixed
in or drifted among those of Martins,
and not being able to get them back
any other way, brought an action of re-
plevin.
Martin, however, gave the necces-
sary security and took them back into
his possession, and this is the situation
as it now stands.
Messrs. Corlett, Rosendale and Riner
appear for the plaintiff and Messrs. Pot
ter and Mann for the defendant.
After the usual p~reliminarIes the
following named gentlemen were sworn
to try the case:
Messrs. Reaney, Woods, Phillips,
Smith, Arbuckle, Calender, Stubbs,
Thompson, S~parhawk, Otterbach,
Tompkins and Peters.
After the opening statements of the
attorneys were made the taking of tes-
timony was proceeded with and occu-
pied the attention Of the court nearly
the entire day.
There vas but little wrangling be-
tween opposing counsel, and in most
respects everything passed along very
smoothly.
Seven witnesses were examined on
the part of the plaintiff, who then
crested" The defense then had the
floor, and produced Ave witnesses, who
we're sworn, but only one gave in his
testimony, when the hour for adjourn-
ment arrived.
1t would hardly be proper to make
any comments OF the testimony, fol-
the case is still on trial, and is likely to
occupy the undivided attention Of the
court to-day.
G. Heoht VS.. Jackson Abney, the
plaintiff ''prov ed up" aud judgment for
1920 and costs was rendered in his
favor.
Court then adjourned until $50 this
morning.