The Black Hills union. [volume] (Rapid City, Pennington County, Dakota [S.D.]) 1889-1904, 1892-01-08
LIMITATION SAVED HIM.
Maurice kelilier in the Haxby Cow case,
takes Refuge Under the Statute
of Limitation.

iASs kAS1i4icf III IAe f1aXDy COW case,
takes Refuge Under the Statute
of Limitation.
Approaching the deep interest taken in
the case of the state VS.. Maurice Keliher
for the unlawful branding of a COW be-
longing to I. II. Haxby of this city, the
UNION detailed representative to remain
in the court room during the progress of
the case. 1t is the only paper that did SO,
hence it is the only one that can give a
reliable report of the entire proceedings.
The names of the jurors are Albert
Young, James Foran. W. A. Robinson, NJ.
L Whaley, L. c. Trowbridge, John Murray,
Percy Farrar, 4. S. Lockwood, A. T. Muir
ray, Thomas Hume, w. E. Wood and W..
Q. Marble, with the last named as foreman.
District Attorney Charles W. Brown con
Quoted the case for the state, while Schra-
der and Lewis defended the accused
The first witness called was Charles H.
Haxby who testified that in May 1888, the
defendant bought fifty or sixty head of
cattle from Ike Humphrey, that he (wit
ness) had wintered forty mead for his faith
er on Box Elder creek, among them the
COW in question, which he described, that
the day Mr.. Keiiher took possession of
his purchase he had, on three different
visits to the corral, seen the COW among
defendants cattle and that ne apprised de-
fendant of the fact in order to prevent her
being driven off with KeIher's cattle next
morning. month or so after he met
Mr.. Keliher in the International hotel and
asked him about the COW, but defendant
denied any knowledge of the animal or
her whereabouts.
Charlie A.White testified that the morning
Mr.. Kelliher drove his stock uway, he saw
the COW on the opposite side of the creek,
about thirty rods down from the ranch.
L. II. Haxby admitted owning the COW
as described. He also stated that soon
after he recovered possession Of her, Mr..
helliher in company with Dave Jolly and
son visited his place to identify the animal.
While there the witness stated that the de-
fendane approached him to ascertain how
much he would take to settle the matter,
saylug that he would rather pay something
than have the case go before the grand
jury. To which he replied that if he, Kel-
liher. wanted to settle, he must do so with
District Attorney Brown, that the case
rested i'll his hands entirely now.
''Kid' Haxby was sworn and testified
that in September 1891 while near Indian
draw, in company with Pete Duhamel's
son, Mccormick and several others, he
noticed beef herd heading towards Bren-
nan for shipment. On close inspection he
discovered the COW in question and in.
formed Mr.. Kelliher, that the animal be
longed to his father, to which defendant
replied, that If that was the case he could
have her and that the next corral they
reached they would rope her and look at
the brands. which they did, the witness
rubbing the hair with the grain to moro
easily detect the brand, while the defen.
dant rubbed against the grain. His fathers
brand was discovered however. The wit
ness also testified that about the time
they were engaged in roping the COW, hot
words passed between the defendant and
him, during which he called Mr.. kelliher
thief, stating that he stole the COW when he
drove the Humphrey cattle away in May
1883, at which the defendant exclaimed 81
have been in the business twenty three
years and this is the first time have been
caught.''
Manville Coy not quite familiar with the
English language, took the stand and cor
roborated Kid Haxby's testimony in toto.
Another witness did the same with slight
changes.
Mr.. Duhamal, Jr. also corroborated the
Kids testimony saying that after Haxby
called kellihsr a thief he, witness, rode off
a abort distance, but heard defendant make
the remark quoted.
Ike NJ. Humphrey then took the stand
and testified to having sold the defendant
between fifty and sixty head of cattle in
May 1888, among then. hipped COW very
similar to the one under dispute, but he
swore positively that he never sold the one
claimed by Mr.. Haxby. He did not re-
member how he came by the animal he
did sell though. Here Kid Haxby was re-
called and traced to Mr.. Humphreys satis-
faction the cow he sold, which witness said
he got from V. P. Shoun.
Bill Young corroborated Kid Haxhy's tea
timony, in respect to the COW whick shoun-