The Black Hills union. [volume] (Rapid City, Pennington County, Dakota [S.D.]) 1889-1904, 1892-03-11
Two columns from Tuesday Daily.
CIRCUIT COURT.

The Keliher And Hart Case for Grand Lar
ceny Attracts Great Attention.
Last evening the jury in the case of the
Aetna Powder company versus Thomas
Sweeney brought in a verdict Of fifty dollars
for plaintiff.
This morning the case of the state Of,
South Dakota versus Maurice Keliher End
John Hart was taken up and almost the en-
tire forenoon consumed in secyfng a jury,
sA wasaSaally c2nps~er6
VIM. Farrar, L. c. Kyle, Frank Stanton,
Milton Frease, o. o, Stromsness, Sam Nor
row. Henry Blair, B. H. Ferguson, V. c.
Currier, w, w. Driver, c. G. Roberts, VIM.
Grambcrg.
The court room was filled with stockmen
and citizens generally, showing the deep in
terest taken in the case, which is for the grand
larceny Of a steer alleged to have been owned
by Plummer c. Davis the complaining wit
ness. Colonel Parker of Deadwood and
Schrader & Lewis appear for the defendants
and Hon. Charles w, Brown and Edmund
Smith Tor the state,
Prior to taking evidence, it was agreed
that all witnesses should be excluded from
the court room during the progress Of the case,
SO the following among others retired to the
grand jury rooms.
2. c. Davis, L. F. Peabody, Ralph Pea
body, r. E. Erb, L. Lamb, J. D.
Lake, 2. Lemley, Joseph Erdman, Fred
Volmer, II. N. Chapman, Tom Burke,
Frank Lockhart, S. w. Deflenbach, l.. E.
Parrish, Albert Haxby, Mrs. F.. Mcmahon,
LAT collars, Henry Behrens, John Triel, Dan
Tiel, Philip Miller, George Cosgrove,
Frank Hart.
PC. Davis, the complaining witness, first
took the stand and described the steer under
controversy as entirely red, except a grey tail,
and that he raised and owned the animal until
he sold him to %Schleuning & Young in the fall
Of 1891, that the steer disappeared from his
ranch the spring of 1890 and was not seen by
him again until the fall Of 1891 when the
witness found him in the xicinity of NJ. II.
Days ranch, on Rapid creek, bearing their
heart brand, said to have been owned by
Kcliher and Hart. He admitted that his
own brand, a ~harpoon, was on the steer when
last seen on Spring creek and was still on
him when found at Days ranch and that the
animal was known around home rs the ren-
egadc steer On cross examination Mr..
Davis admitted that he was not at home
when kcliher and Hart took delivery Of five
other steers which he had sold them and hence
could not swear to whether the one under
dispute was among the FIVE or not. He al O
confessed to having told Mr.. Hart that he
had another steer on the range, which they
could have at the same price, meaning the
one under controversy
Peter Lemley, at one time an employee Of
the previous witness testified having known
the steer from calthood VI, corroborating Mr.
Davis testimony and stating i'll substance the
same conversation between Mr.. Hart and
WI. blNl5 i'll lllC llHlS liz OllCl i've SlCClS
were delivered, adding that Mr.. Hart prom
ised to bring in the steer in question if found.
II. Z. Erb considered himself an expert on
brands and testified that he considered when
he saw the three hart brand on the steer be-
fore butchered it must have been about nine
months old. Albert Haxby testified that it
could not nave been a year old. Frank
Peabody also testified to the same effect.
Judge Lake was put on the stand, and testi-
fed that the defendants, before him swore
that they branded the steer in March 1890.
At this junction the court, Mr.. Carpenter
the stenographer and the counsel for both
sides retired. 1t is understood an effort was
made to take the matter out Of the jurors
hands but failed.
So far the evidence goes to prove that
Davis in a certain sense sold the steer, max
ing it a sort Of conditional sale.