The Madisonian. (Virginia City, Mont.) 1873-1915, 1895-06-01

some years ago and that in breakii g the
brandln- chute the animal stuck a stick in
his jaw: he had bought some meat from
Marion IN the early winter. Marion telling
him that it was a part OF the steer that had
been injured IN branding. On cross exam
inatiOn ne testified that he did not know
but what the steer hurt in branding was
still alive and that he did not know where
the meat sold to him by Marion came from.
The defendant was then sworn. He said
that he had sold Pollock a hind quarter.
which he let him have at five cents per
pound. on account Of the animal having a
lump OF its jaw. the result of an accident in
branding. and which he told Pollock. On
cross examination he admitted that he had
sold parts OF this animal to "Olu Man Sink
and Charles Williams as we'll as Pollock,
He said be did not know that there was
anything the matter with the stag except
the lump on his NV. The deteuse then
rested.
DR.. Southmayd. testifying for the state
In rebuttal. SAID that ectinonycoc1s pro-
duced necrocis, and that the former disease
was found in man in the same form as in
cattle, w~bereupon the respective counsels
summed up the case to the jury.
The jury retired to deliberate about )
O'Clock. At $3.50 they agreed upon verdict
finding Marion guilty rs charged in the in
formation and leaving the punishment to
be fixed by the court. The jury was polled
aud stood 10 TO .. Marion will be sem
fenced Saturday morning. The maximum
penalty for this otfense is SIX months i'm
p%risonment ami $aOO fine.
E!linShouse and Marsh VS.. +. T. Taylor
tor the condemnation OF right of way for an
irrlgating ditch through Taylor's ranch
near Sheridan. The case was tried before
the court Monday. The plaintiffs con-
structed The ditch last tall and the Defend
ant brought an action against them tor
damages which was compromised. Messrs.
ElHnghouse and Marsh agreeing to pay him
$40. In the meantime EIlinghouse and
Marsh had Instituted the condemnation
proceedings. The matter was taken under
advlsen!ent by the court. Judge showers
will probably look over the ground per-
sonally.
The case of Joseph Evans VS.. +. Rice was
tried Tuesday. The suit was brought upon
fnrclble entry and dctainer statute tor the
possession Otl60 acres of land located in
Jack creek park. From the evidence it an
peared that Evans had been llerding a
bunch OF 100 cattle near the ranch for 6 or !
years and had been occupying a cabin on
the pubic domain which he had purchased.
employed the defendant, Rice. to build A
fence around 1t. Before the fence was COM
pleted, however, Rice and Evans quarrpled
and the work remained undone. Rice
claimed that Evans would not furnish ma
terial to complete the fence. and thinking
he would secure his pay he filed a declara-
ton of ranch claim on this property and
suit WAS brought by Evans to evict him.
The jury. evidently beng of the opinion
that the early bird was entitled to the
worm, decided IN Evans favor. awarding
him possession, but failed to give him tie
SlJ0 damages which he asked for.
y compromise WAS effected in the Bate
Raymond case, involving the title to the
toWnsitc Of Sheridan. BY the agreement it
is understood that the property reverts
back 70 Batcman and Raymond gets a sum
something less than the award in the or
,giual trial which was $l3900 The agree
mcnt, while decided upon. Is not vet COM
pletc in detail and it IS Impossible to get at
the facts. The terms CT the compromise
Will be made public in a few days.