The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-12-12
WHO STOLE THAT COW.
Wholesale Cattle stealing Must Come to
Stop

Wholesale Cattle stealing Must Come to
Stop
The state yesterday afternoon started
on the task OF putting a stop to whole
sale cattle stealing in this county by
trying to convict w. r. Benham, a
butcher, who has been informed
against. with Joseph Broderfck OF
stealing 22 head OF cattle from William
Hughes at Elk Park IN Jefferson coun-
ty. about the goth OF last September.
Beniham has prepared to make a hard
defense by retaining George Haldouu
and John w. Cotter to fight his case
for ham. Deputy County Attorney
tbon by ]. L. Wines The case was
Called In Judge Speer's court yesterday
afternoon and several hours were
taken up in, selecting the following
jury: George A. Smith, John Ester
son, T. B. Eva, Edward Temby, Has
kell Osgood. William H. Johnson, Al
bert Karcher. j. T. Brown. Fred Chino,
Thomas O'Connor. John Ingraham and
w. ]. Trevethick. The jury panel was
exhausted, all but one name, and the
state waived its third challenge. The
defense exercised its final challenge.
and the last man ON the .venire was
called. Mr.. Booth then Claimed that
he still had third challenge to exer-
else as to the last man called into the
box, burt the other side opposed 1t and
the jury was excused while the ques-
ton was argued. The court ruled
against Mr.. Booth, holding that by
wadvdng HIS challenge when he did, he
waived his right to exercise IT at any
time. The jury was then brought back
and after the states opening statement
Wlfll1am Hughes, the prosecuting wilt
ness, was called to the stand and testf-
fed that he lived east OF Meadervtlle,
in Silver Bow county. but that he had
a bunch OF cattle over In Elk Park.
Some were Polled Angus cattle. About
the 18Th of September he heard that his
CATTLE had been KILLED or stolen. Some
one Informed him that they had been
seen in Bob Rand's pasture. He went
to the place, but the cattle were gone.
He searched the range for 10 miles
around, but could find neither hides nor
cattle. The cattle were branded with
a horse shoe. The value Of the % head
stolen was $3.50, or $40 each. The horse
Haldorn on cross-examinatnon tried
very hard. but unsuccessfully. to have
Hughes say that sometimes the brand
might have been inverted. or turned
sidewise so as TO resemble a &C." Mr..
Haldorm then took some lessons in
cattle branding rUm Mr.. Hughes, ana
tried to testify about a Helena cattle
case where another horseshoe brand
figured, but the court interrupted him,
saying that would be a good thing to
talk to the jury about In the argument,
but was a little too previous at that
time. Mr.. Wines also made an obJec-
ton to Mr.. Haldorn's method OF as
summing things that were not in evf-
dence. Tt made Mr.. Haldorn smile.
''Mr. Haldorn can smi1e and smile un-
til he Is sick OF smiling said Mr..
Wines, land Notwithstanding the exhi-
bftion he may make of himself, must
that he shall not assume that the WITT
ness has testified to certain facts when
ne testified to nothing of the sort"
Mr.. Haldorn asked the witness II Ct
was not possible that his cattle were
still alive and roaming about the hills
somewhere. bun Hughes thought 1t
was not possible. Haldorn said that
the whole case depended ON the iden-
t1ty of the brands. and he tried to have
Hughes admit that his brand might
have slipped or twisted while he was
applying II to the animal, but Hughes
would not have II that way. At the
conclusions OF Hughes testimony court
adjourned for the day.
The state claims to have a strong
case against both Benham and Brod-
erick. as 1t is alleged the missing
cattle were seen In their possession and
in their cOrrall