The river press. [volume] (Fort Benton, Mont.) 1880-current, 1884-03-12
CATTLE KILLING CASE.
VIM. Winchell Bound Over in the
Sum Of $1,000.
Pomeroy Waves an Examination and is
Bound Over to Await the Action
of the Grand Jury.

AFTERNOON uuIlHS Tic preliminary cAaIl-
nation Of Winchell and Pomeroy,
charged with killing cattle, the latter
being a prosecuting witness in the case
against Winchell. Col. J. J. Donnelly
represented the stockmen and Max Wa
terman the defendant, Winchell, the
hearing being before Justice Kanouse.
FRANK POMEROY,
who turned states evidence, was the
first witness examined. He stated that
he had been residing at Winchell's dur
ing the winter, or from the 18th of De-
cember until ten days ago. He worked
for WinchelI for his board. We talked
about killing wolves and / went to town
and got poison. When we talked about
meat for bait he suggested that I kill
an antelope, but there was none; then
he said to get a buffalo calf, and of course
q calf Oh the range was meant [ killed
the calf. On the eth of February /
killed a three year old steer. He helped
me hitch up the wagon to get the meat,
and afterwards helped carry it to the
stable from the wagon. | was getting
b~arefooted, and he said he would give
me SO to kill a beef. He went to town
and got me a pair Of boots as part pay
ment and paid me So cash when [ came
away. The hides were buried in a ma
nure pile, but were afterwards removed
to a coulee and buried, as Winchell
thought they might be seen. Vivian
came along when [ brought in the sec
ond hide. He laughed and said, "That's
all right; I've been there before" (
told him all about it, then. / saw the
hides and heads last evening; went with
Mr.. Gillett to Winchell's and showed
him where they were buried.
On cross-eXamination witness said he
understood buffalo calf meant cattle.
Winchell did not tell him to kill cattle,
but that was what he meant. He adj
mitted that he killed a calf belonging to
Stocking while he (witness) was stock
tender at Bulbs Head station. He ad-
mitted that he contemplated stealing a
stray horse or the range and skip the
country. Said he would steal a horse,
if his employer told him to, "if | was
under compliment to him" Might
have told somebody that I intended to
steal a skiff at Fort Benton and go down
the river
Re-examined, he said the meat Of the
last steer was sailed down; the witness
helped put it away. Winchell told him
to kill the steer in a coulee, where he
would not be likely to be seen.
G. F.. VIVIAN
testified that on the 23d of February he
stopped at Winchell's place. Nobody
was at home, but after awhile POmeroy
came up with a little brown horse, and
had a hide tied to the animals tail.
Winchell was not at home and he did
not see him. That night we talked about
various matters, and Pomeroy told MT
about killing the steer. He said Win
chell agreed to give him $40 to get some
beef. He also said that he wanted to
get away, and Winchell agreed to give
him a saddle and help him get one Of
three stray horses on the range. He
was going to leave when the creeks got
down and travelling was better. Vivian
had told this matter to two or three
parties who were interested in stock.
In answer to a question by Waterman
the witness said he felt relieved when
he got away from the house and that he
was on his guard the night he had to
stay with Pomeroy.
JAMES GILLETT.
This was the last witness. Mr.. Gill
lett said he took Pomeroy and went to
Winchell's, to secure the hides and
heads. Tom Martin and Lew Williams
also accompanied them. The heads
and one of the hides were found in the
manure pile where Pomeroy showed
them. He also piloted them to a coulee
a mile and a half from the house, and
dug up the other hide. In a barrel in
the house he found a quantity of meat.
ahnut 900 mounds. He brought in the
head and hides, and also some Of the
meat, all of which was now at the
sheriff's office. He was acting as deputy
sheriff.
BOUND OVER.
The defense offered no evidence, and
the foregoing closed the case. Col. Don
nelly briefly called the magistrates at
tention to the fact that a crime had been
proven. and that the evidence showed
that the defendant was the guilty party,
and that he should be bound over to
await the action of the grand jury.
Waterman admitted that the circum-
stances surrounding the case were such
as to require the magistrate to Aold the
defendant, and for that reason he offer
ed no rebutting evidence at this time,
but would reserve same for presentation
in court. He only asked that he bail
be such that the defendant, considering
his circumstances, and the character Of
the prosecuting witness, could give {
and also that Pomeroy be placed under
heavy bonds.
The magistrate fixed the bail of Win {
chell at ST 900, and Pomeroy waving
examination, both men returned to the I
jail by Deputy Caldwell. I
The Railroad. (,