Daily Yellowstone journal., 1884-02-06

turned over Ia &. W. Savage and
credit was to have been given him for
the same. The defendant left his
ranch at Rirney aud that was the last
seen of him until he saw him in court
Yesterday. The first iuiimation that
he had of the prisoners theft was on
or about January IL. lssS, when Nc.
Gurk sent man cut Ia Brney and
notified the witness that Phelps had
left his team ut the stable and had
jumped the town. lie came in town
and learned that the man had paid no
bills except small one Of S. 10 ". E
Savage d Co., aud that lie had sold
the hides to Made and had pocketed
the proceeds. Whereupon the next
day he swore out warrant fo- his
arrest. He stated that the pris, ner
had never worked for him. hut Ii I'D
lived at the ranch for period Of two
or three months. That lac knew that
Birney was in Custer county because
he had established il and wa. post
master there. Mr.. McGurk being
called as wilsess said that he knew
the accused aud that he came ia with
load Of hides on or about January I,
1883, and that he afterward sold the
hides To Nado and that the defendant
mad deposited with him for safe keep
ing on the night of the defendants
arrival in town $l,jj, which he re-
turned ~ him on the following morn.
ing. He corroborated the testimony
~ the statement Of Jami.on ms to
sending out word to him. The case
was then submitted to Judge Walker
and the prisoner was held in bond Of
81 40 for his appearance before the
grand jury. The court then adj
journed.
The case Of the Territory Of Montana
vs.. Harry Chambers, charged with
perjury, Was then called. Robert
Calverey being sworn. testified that
he IL foreman of Mr. Hollis cattle ranch
on the MezIah. He remembers red
bull and red spotted heller being
branded ut The Concord Cattle COM
panies ranch an or about September
y. 1888. Al the time of the branding
ing he does not know whether he de-
PENDANT MAS present or not, but Oscar
Waugh, Frank and Dale were there.
also Andrew J. Williams. Oscar
Waugh being sworn, stated that on or
about September ., ls>S, he Was at the
az. >" ranch. and recollects the brand
ing of u bull aud heifer ON the above
date. The bull had a ~" brand ON
his left side and the brand II 80 was
placed thereon. There were present
at the branding Andy Williams, Bob
Cslverey and William Dale. The wit.
Dess does not remember whether the
defendant was present or net. There
being NO evidence ON which Ia hold
the accused, and ON the motion of w.
II. Ross, the assistant district attor-
nsy, the defendant was discharged.
The court ordered that the witnesses
enter into . bond ON their recognix.
ance to appear In the case Of the Ter
ritory Of Montana Va. A. }. Williams,
and In case Of the non-appesrance are
to be mulched In the sum Of sou.
Quite large and molly crowd ss-
sen,bled at the probate court to listen
! to the trial Of the case Of the Territory
Of Montana w. Andrew J. Williams,
charged with perjury, which was call.
ed yesterday afternoon at 2p. M. The
counsel. Judge Miller, for the defense,
waived an examination for his client
|, and his bond was fixed at 81. 800 fos
his appearance before the grand jury.
william White. who was arrested
some weeks ago on the complaint Of q
man by the name Of Campbell. chsrg.
ing him with the taking Of u pistol
out on Powder river, was arranged
yesterday afternoon before judge
|. Walker, and ON the motion Of the -
sistant district attorney WAS dis
churysd