The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1883-12-25
DISTRICT COURT.
End Of the sheep Case"-The Plaintiff
Wins.

The long contested ''sheep case" of
G. E. Poland VS.. Reuben Martin is over
at last. In some respects it has been a
very remarkable case, none just like it
having ever before arisen in the judi
cial history of Laramie county, and of
course there was really no precedent to
follow.
Had it been sos cattle that this
litigation was about there would not
have been the least difficulty in the
world.
Indeed, had they been branded ami
mails of any kind this action would
never have been brought, for in a case
like that the brand would show for
itself who the animals belonged to. Or,
If any action had been brought, all the
proof necessary to establish the owner
ship of the cattle would have been
proof of what the brand was which the
animals bore, and the further fact that
the brand was recorded. Not that the
brand is conclusive evidence of owner
ship, for 1t is not. But to return to the
subject.
Court convened at 10 O'Clock, Chief
Justice James B. Sener presiding.
The journal record of the day before
was read and approved.
The jury were all promptly on hand
and the trial of the Poland-Martin case
was resumed.
AS stated in u court report of yes
terday the evidence had all been taken,
and nothing was left to be done ex-
cept for the attorneys to argue the case
and the court to charge the Jury. The
attorneys were limited to an hour and
q half a side In which to discuss the
case.
Mr.. Riner, on the part of the plain
tiff, opened the case. He briefly re-
viewed the testimony in regard to the
straying away of the sheep, where they
went to, the following of their trail,
where they we're found, and how many,
etc.
l. oAoO uAoNoocCo biO lCollLlOn1 III
regard to how many sheep Martin had
before the storm, and how many after
that event, and also as to the number
found dead on the trail.
Next came Mr.. Mann, on the part of
the defendant Martin. His argument
was In the main a review OF the argu-
ment of the attorney who had preceded
him. Mr.. Mann is always quite logical
in his speeches to the court and jury,
and was especially so yesterday.
Generally the court does not charge
the jury until the conclusion of the ar
guments. In this case, however, "a
new departure" was made, and after
one attorney on each side had been
heard the court proceeded to charge the
jury, giving nearly all of the instruc-
tions asked for on the part of the plain
tiff and some of those prayed for by the
defendant. Judge Sener also instructed
in writing in regard to some points of
law ~not'covered by those asked for by
either side. Not an exception was
taken by either side in regard to the
giving or refusing to give any Of the
instructions, or 10 the separate charge
by the court.
After the law of the case had been
settled upon and the jury nad been
charged, Mr.. Potter proceeded t. make
the final OF closing argument to the
jury on the part of the defendant. He
occupied an hour and five minutes, and
went all through the entire testimony
as given by the witnesses.
The closing argument on the part Of
the plaintiff was the next thing in
order, and Mr.. Corlett had the floor.
He also reviewed the entire case and
testimony, and dealt with every ques-
ton that had any possible bearing on
the matter, or could throw any light
on it.
The jury retired at 4 O'Clock in the
afternoon, and after being out an hour
and a half, during which time they
came into court for additional instruc-
tions, which were refused, they re-
turned into court with a verdict for the
plaintiff to the effect that the sos sheep
belonged to him. They assessed Po-
lands damages at S572.
Court adjourned until tomorrow at
10 a. M.