Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1892-12-17
CIRCUIT COURT.
The Adjourned Term Concludes With the
Trial of One Criminal Case, and
Several Civil Actions.

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Trial of One Criminal Case, and
Several CIVIL Actions.
The court proceedings not published
in the CHRoNtcLE of last week, and
which completed the work OF the term
are as follows:
state Of South Dakota w. o. r. Ebey.
Tried to court and the case dismissed.
Laura v. smith VS.. James Sutterfeld.
Continued.
VIM. McBeath vs.. Geo. Gundlacf
Dismissed.
Isaac Kendall W. w. Sawyer ct. al.
Action to quiet title. Decree for plaiut-
III.
Isaac Kendall vs. B. F. Mills. Decis.
ion reserved.
Isaac Kendall W. William Dudley
Continued.
Hans Olson vs. South Dakota Mining
Company. Court case. Judgment for
$ll.0O for plaintiff. and judgment for
costs for defendant.
The case 0f the State os South Dakota
vs. e. J. Horgan, indicted for petit
larceny. was called for trial Saturday
morning at 9 o'clock. A jury was Sc.
cured without any difficulty. and when
the prosecuting attorney had stated his
case, and the first witness was called
the defense objected TO the introduction
OF any evidence on the grounds that the
charges contained in the indictment did
not constitute sufficient cause for action
against the defendant. The objection
WAS oyerruled and the trial proceeded
The defendant was charged with the
larceny of two heifer calves, valued a
$1,000, the property of Newton s
Tubbs. Of custer. The State proved By
number Of witnesses that the calves
in controversy were in the habit o
feeding with other stock on the rang,
between what is known as the Patterson
ranch and the uorsan ranch. fonr nile
distant that in the latter part Of Jul,
of this year they were missed from
among the other cattle, and that when
search for them was instituted the,
were found confined in barn or she,
on the Horgan ranch.
The defense had very strong case
and the witnesses, Mr.. and Mrs. 10.
Horgan and &. J. Horgan, the defendan,
testified substantially as follows: Tha
the calves in question had joined a buncl
ofsteers which the defendant was drivin
from near Hill City to his father
ranch; that he had heard that the Pa,
terson Bros. had lost some calves Will
removing their cattle to the Bell
Fourche country, and that believin
these to be the lost ones he drove theJ
home with the intention Of keepin
them until the owners should return
Further that he was not aware Of hi
-"osoao unSa aTEestsu on cnarge c
larceny.
The case was given to the jury abon
o'clock Saturday p. m, and after cor
sidering it all night and until nearl
nine o'clock Sunday morning, the jur
reported that IL was impossible to al
rive at a verdict, and was discharged b
the Judge. 1t is stated by those VIII
profess to know that the jury was almos
equally divided all night, and that
stood eight to four. for conviction, jus
before being discharged Sunday moru
ing.
A. E. Hills. Jas. Ferguson and Chal
Sheldon were brought into court 70
sentence, Saturday at 4 o'clock p. IN. II
ID. Reynolds as counsel for Hills, state
that he believed that the character q
the evidence upon which the prisone
had been convicted was such that tn
court would be justified in making tn
penalty light one, and asked that tn
court consider it and be lenient. Hill
was sentenced TO two years service a
Sioux Falls.
The jury that found the verdict q
guilty in the sheldon aud Ferguson case
had recommended them to the merc
Of the court and suggested that sentenc
be suspended during good behavior,
possible. Messrs. Reynolds and WOOD
who represented the convicted mer
made earnest pleas for their clients an
asked that the suggestion Of the jury b
regarded and sentence be suspended
In reply Judge Gardner stated that sine
the rendering Of the verdict he hs
given it his most thoughtful consider
tion, ard did not believe that he woui
be doing his duty If he refused to sen
tence the men. He stated however tina
but for the recommendation of the jur
he would have given the prisoners til
severest sentence provided by law, an
that it had saved them three years each
1 The sentence pronounced upon eac
was two years confinement In the sta,
penitentiary.
I The attorney for the defendant In tn
case of Fitzgerald Va. Bonhsm CAV
notice that he ~cn.d n.cyc &c. ne;
trial. and the court granted sixty day
stay Of execution.
The same action was taken In case q
Union Mercantile Co. W. w. s. Wood
sheriff Of Custer County.
Court appointed J F. Smith refers
In case of 7. v. Garlock vs.. l.. C. Ferri
and d. Il. Garfield, and r. v. Garloc
W. VIM. Van Allen and ID. Il. Can6eis
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A. II. d A. II.
| A special communication of Custe
City Lodge No. 66, A. r. 4 A. NJ. vii