Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1892-12-10
CIRCUIT COURT.
Candidates for Sioux Falls are Examined
This W eek, and = Number of
Them Pass,


The cases disposed of during the last
weeks session after the Chronicle had
gone to press are the following:
Geo. w. Cornwall VS.. Seaman, Monag.
han and Hoy. The case was given to
the jury Friday evening and the night
and part Of the next morning was passed
in considering it. Saturday morning
the jury was called into court and it ap.
pearing to the Judge that there was nc
possibility of securing a verdict the
twelve men were discharged from furth.
er consideration Of the case.
II. p. Hesnard VS.. John P. Plunkett
Defendant demurred to the complaint
and was sustained in his position by
the court.
Yankton Fire Insurance Co. vs. Ralph
NJ. Kenyon. Tried TO court, and judg.
ment for SOL. "a found against defend.
ant.
Squaw Creek School Township VS.,
Red Earth and Dry Creek School Town
ship. Judgment for defendants.
Monday morning the States attorney
announced that he was ready TO try the
cases Of the State of South Dakota We.
Sopher. DAVIS, Hills and Crane. De-
PENDANTS were brought into court. and
their counsel moved for separate trial
Of each defendant. Motion was grant
ed and the case against Ernest w.
Sopher was frs. called Az is generally
known the four men were indicted for
stealing a number Of head Of cattle
bearing the y. Bar X. brand from their
range about twenty miles southwest OF
Custer. The state called TO the witness
stand VIM. Dixon, Frank Thompson,
w. =. Wood, Pat Burns, Ed. Hart, A. ID.
sherwood and VIM. Van Allen. Mr..
Dixon, the owner of the stock In ques.
ton, swore that the cattle were partially
domesticated and were not in the habit
Of straying from their accustomed range
near his ranch in Custer county, and
nearly thirty miles from the Penning-
ton county line. He stated that i'm the
month of June, 1892, several head Of
this stock disappeared, and though
searched for could not be found until
discovered in the corral about three
miles f.om Hill City. The other wit
nesses were concerned in the final find.
!as o. :ae s:ocs III ,hc p~osscss!o1 c: The
men indicted, and in making the arrests.
Their evidence against Sopher was in
substance as follows: That about dark
II day in the latter part of June he
and Davis had been seen driving two
head OF the stolen cattle from the corral
TO Hills slaughter house that In the
evening they killed and dressed them,
then mounted their horses, taking one
ofthe hides with them, and rode away.
This same hide was afterward found
buried in a prospect hole, minus the
sing piece was found under the slaugh.
ter house, and though il had been cut
and slashed, the u. Bar X. brand could
be traced. The hide itself was exhib-
tied in court and identified by several
witnesses. AS was remarked by differ
ent ones it was very Strong evidence
in more than one sense. The witnesses
for the state further testified that when
Sopher was arrested the day after the
cattIe were Uutcuereu, tic ,utiic,svNrtua
they had been stolen, admitted that he
had helped Davis to drive them from
their range in Custer county, and that
Davis. Hills and himself were in part
nership in the r~ustling business, and
were I O divide the proceeds Of the stolen
cattle equally between them and anoth-
er man named Graft, who had been in.
terested in the affair. but who had leh
the country.
The case for the defense consisted Of
the evidence given by Sopher, and
Davis. The defendant himself testified
that he and Davis had been in the EN-
ploy Of Chas. Crane, of Hill City, during
the spring and summer, until arrested
by Sheriff Wood. That at Cranes re-
quest they built the corral in which the
stolen cattle were afterward confined
that by Crane thew were sent down into
| Custer county to meet Craft who was Il
| bring back with him a herd cattle
| Sopher admitted that he and Davis hac
found Craft about 20 miles from Custet
with u bunch Of cattle, and helped Il
| drive them to the corral near Hill City
but he maintained that they did no
know that the stock was stolen. He ad
mitted that he and Davis had killed tn
two beeves, the night when Sheriff
Wood and his deputies were watching
them, and also acknowledged mutilatinI
and secreting the hide. but asserted tina
they did tins as Cranes employees, an,
without any knowledge Of the theft Q
the stock. When the attorneys for til
defense outlined their case before tn
jury they admitted that Sopher ha
made the confession referred TO by tn
states witnesses, but PROMISED to sho,
that the defendant was frightened an
irresponsible at the time he made |
But the defendant himself, when pr
upon the stand, denied having mad
any such statements or any of a simila
character. and IN thus giving the lie
a half dozen reputable citizens mater
ally weakened his own case. Davi
! testimony was substantially the same
that OF sopher, with the exceptions IA.
no was moi present at the time the col
fession was alleged to have been mad
and therefore knew nothing In regal
] to that.
: B. r. Wood opened the argument (
the state, was followed by Reynolds
the defense, and Porter closed for II
state. The cas- was given to the jul
Monday evening. and that body, aft
considering the law and the evidsn
for about half an hour announced tn
q it had found the defendant guilty
. charged.
The case against Davis was call
a Tuesday morning. The evidence agar
. him was identical with that upon viii