The record-union., 1893-02-24
MAHAN ACQUITTED.
The Charge of Cattle Stealing Not
Substantiated.
1t Was Evidently the Result of Spite
on the Part of Miller, the
Complainant.

Inc lrlal OF Phll Mahan Tor cattle steal
ing was commenced at Placerville, before
Judge Arnot, upward of week ago, and
closed yesterday, with verdict of not
guilty. The defense was represented by
Grove l.. johnson aud S. J. Holsinger of
this city and Charles A. Swisler of Placer
| vile; the people by District Attorney
Prentiss Carpenter.
The case was one OF the most important
criminals trials tried in Ell Dorado County
for number of years, and owing to the
prominence and good standing of the de-
fendant, elected universal interest, not
| only in Ell Dorado, but in Sacramento
County, where Mr.. Mahan and his
brother engaged in extensive cattle rais-
ing and farming
The Mahan brothers reside near Michi-
gan Bar, in this county, and are favora-
bly, known in that section. They are
both enterprising and energetic young
| men, and for a number of years have been
in the habit of grazing during the sum-
| mer large numbers of cattle in the mount
ain ranges of El Dorado County. During
the last three years the brothers have
| done a thriving butcher business on Sand
Mountain, furnishing 800 or 400 loggers
and woodsmen working for the American
Land and Lumber Company with beef.
Some time last October a nelghbor by
the name of Miller, who had recently
settled in their vicinity in this county,
applied to them for work. He was told
that there was no opening for him, but
Was advised to go to the mountains and
apply to the lumber company. Miller
eagerly accepted this opportunity to Sc
cure employment declaring at the same
time that he had had years of experience
! in logging in Michigan. lie also claimed
to be carpenter, and asked one of the
MahanS If they would take him and his
outfit up to the mountains on their next
trip with provisions. at the same time
ofterlng to work for his passage.
To accommodate him John Mahan
took him to his headquarters and after
ward introduced him to Mr.. kimble,
foreman OF the lumber company. He
was refused employment and was tol-
Grated about the Mahan butcher shop for
| about month. AT the end of that time
he returned home, riding one Of the Ma
han Bros horses. When he arrived at
the ranch he demanded wages for the en-
tire time he had been out on the trip, and
upon being refused declared he would
not give up the horse he had ridden
down.
After a fruitless effort to replevin the
animal, by Miller avoiding process, John
Mahan overlook him al Placerviile, and
by force recovered his horse. This 80
enraged Miller that he threatened veng-
ence and afterward lodged three COM
plants against the brothers, charging
them with grand larceny.
The prosecution relied upon the evil
dence OF Miller, assisted by circumstances
and diary in which the witness claimed
to have chronicled the events of the trip
| to the mountains, and description of all
IN nf.lt 10 laH hTyth hn AaI,
while he was at their camp
Among these cattle. he claimed, were
several head belonging TO Mrs. Markle of
Lotus, whose range is in the same section
as that OF the defendants. Miller's testi-
mony was full of contradictions, and on
cross-examination he admitted that he
prosecuted the Mahans to 'tget even with
| them."
The defense offered large number OF
witnesses from Sauta Cruz, Sacramento
and Amador Counties, where Miller had
resided since coming to California six
years ago, all of whom testified to his bad
| character for truth, honesty and integ-
rity.
He being successfully impeached, the
evidence was purely circumstantial.
Some six or eight witnesses who were
present at the time of the alleged slaugh-
tering of Mrs. Markle's cattle testified
that two steers bearing the Mahan Bros. ,
mark and brand were the only cattle
killed.
Tho jury, after few minutes deliber-
| alton, returned verdict favorable to the
defendant.
The case had worked up such an inter-
! est that the courtroom was packed with
eager spectators. Sentiment was so strong
in favor of the Mahans that Judge Arnot
was obliged to station deputies at the
doors to keep order and prevent applause
ana other demonstrations of approval
upon the verdict being received.
| The remaining two cases resting upon
the same evidence would, it was thought,
be dismissed, but no disposition has yet
| been made OF them.