Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1885-07-17
The Reyes, Cattle Case.

stealing cattle by driving them from
the pastures of their owners and chang
ing the brands on them. The case or
iginated on the 18th of, last April in
j. A. Andrews, G. ID. Nelson, Sheriff
Rigg and others coming OH Ben Keyes,
G. w. Chitwood and Norman Young in
canyon, one mile from Elm Mills. en-
gagged in the act of changing the brands
on certain cattle, branded niule-shop
bar, the property of f. S. Taylor, but
in charge of J. 4. Andrews. The
discovery was made through informa-
ton given by Chitwood and Young to
the parties above mentioned. Chit
wood had gone to Andrews and told
him that he, Chitwood, could detect
certain parties in changing brands on
cattle, and he was engaged to perform
this service. Soon afterwards, he in
formed tAndrews and party that at a
certain time Keyes would be engaged
in the work of changing brands, just as
it occurred that he was. Young had
previously been engaged by Chitwood
to assist him in catching Reyes, and
the three were arrested together, after
they had branded two steers and when
they had the third tied down. The
party were taken to Lake City, a pre-
liminary examination held and the par
ties bound over to district court.
Hon. Frank Gillette, as special Judge,
tired the case, with an average appear
ing jury. The county attorney assisted
by Shannon, Burney & Noble, appear
ed for the state and Ellis & Ellis and
Orner & Sample represented the de-
PENDANT.
Messrs Andrews, Nelson, Hendrick-
son and others testified to the prelimin-
airy arrangement sentered into with
Chitwood and told of the capture. Their
evidence clearly indicated that Chit
wood knew what he was doing. Chit
wood was then put on the stand, and
he proved a most unwilling witness,
telling nothing that he could avoid, and
altogether leaving the impression that
he was not on good terms with the
prosecution, whose witness he was.
The testimony of the defense was
principally given by Ben Keyes, the de-
PENDANT, and G. G. Sparks, a stockman
who lived near Reyes. The defendant
testified that for a long time he had
reason to believe that G.. w. Chitwood
was engaged in stealing cattle, and
that he was only waiting for an oppor
tunity to catch him; that about the
time of the occurrence mentioned, he,
Reyes, had gone into an arrangement
with Norman Young to detect Chit
wood; that Young told him that he,
Young, had seen Charlie Nelson, and
that at the appointed time the officers
would be on hand to arrest Chitwood.
That in accordance with arrangements,
he, keyes went with Young to the
place agreed on, where the cattle had
been previously driven by Chitwood
and Young, and the work of changing
the brands was proceeded with until
officers arrived.
G. G. Sparks testified that Ben Ke5es
was at his, Sparks, ranch, the morn
ing of the arrest, and got pistol from
there; that Reyes told him of his in
tention to detect Chitwood in stealing
cattle, and related the programme to
be carried out the day of the arrest.
A young man named Rush, testified
that he knew of Keyes' intention of
catching Chitwood, also.
This WAS the case. One side testify
ing positively that the arrangement
was to catch Ben Reyes, and he and his
friends testifying that the wholes cheme
was to catch ChitwOod. Each charging
the other with being a thief, and both
claiming to be engaged IL the same
lGudable work OF bringing the other to
justice.
The jury did not surprise any one
when it brought in a verdict of not
guilty, after being out less than an
hour.
One trouble was that Chitwood's
course after the arrest of Keyes was
against the success of the prosecution.
He fell out with the prosecuting wit
AOsoos MI. @AiiulOWo, dIlO outQ nlul IOT
compensation in working up the case,
and openly avowed his intention of
beating the state if he could. 1t was to
be seen that he would not go into any
details or assist the prosecution if he
could help it, and on the stand he made
a bad impression on the jury.
There is no doubt but that cattle
stealing has been going on in this coun-
ty, and the case just disposed of should
have brought out all the facts; but it
didn't.
Reyes is free man and no one can
now question his good intentions; no
complaint was made against Chitwood
and so Reyes evidence against him
cannot be used Morgan Young ap-
peared to having been standing in with
both Keys and Chitweod in the effort
to catch each other; but he was not
even put on the stand.