The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-12-13
Butte Department.

marked 10 benndI1 at the tliifc thdt TIC
cattle were nice. but wouldn't weigh
out" much and Benham replied that
that was the way with cheap cattle.
On cross-examination Mr.. HaIdorn in
simulated that the witness had also
been in a questionable cattle business
for Mr.. Kipp. but the witness .emphat-
ically and Indignantly denied II and
the court soon stopped the line OF
cross-auestioning. Mr.. Haldorn then
wanted to test the witness knowledge
of brands and asked permission to
bring a lot of hides into the court
room.
II don't think well turn this court
room into a tannery." said Judge
Speer.
Mr.. Haldorn made a speech about
what he wanted to show and the court
interrupted him.
You can save that speech" said the
court. FOR will not allow It.
Mr.. Haldorn then wanted to make an
offer to prove" but the court shut
him off again and told him to make
his offer in writing. The attorney
next asked to have the jury sent out
to examine the hides.
mo. sir" said the court sharply.
cant they examine them In the
presence of an officer?"
mo. sir: / don't propose to have It,
Mr.. Haldorn started an argument
WIFI lnt JuuBc anu was tCththtNo ehe~
the court had ruled on the question
and he then took an exception ana
proceeded to cross-examine the wit
ness but did not succeed in changing
his testimony materially.
Edwin Todd testified that he saw
Benham kill some cattle at Kipp's
slaughter house on Sunday, sept:
21. He noticed that three or four OF
the animals had horseshoe brands on
them. On cross-examination Todd adj
mitted that he, with Louis Kipp. had
been arrested in Beaverhead county
for cattle stealing in September. but
also said that he was acquitted by q
jury and the case against Kipp was
dismissed on the preliminary hearing.
Louis Kipp testified that he saw
Benham kill some cattle branded with
a foot brand. some with dumb
bell" some &c" brands and some
horseshoe" brands.
John Warne, a hide buyer, testified
that he bought lot of hides from the
Union Meat company. OF which Ben.
ham is a member, in September ana
saw some horseshoe brands on them.
The hides were shipped before Ben
| ham was arrested.
DR.. weyerhorst, for whom Warne
bought the hides, testified that he saw
the horse shoe brands on them, ana
then the state announced It's case
| closed.
| Mr.. Haldorn. in his opening state
ment, made promises to prove con-
clusively and beyond the shodaw OF a
| doubt" certain matters, ana III ne
makes good his promises there Will De
left no doubt that Mr. Benham mas
been wrongfully accused. Mr.. Haldorn
| said that in the first place, 1t would
| be shown that Mr.. Benham had aoso-
lutely no interest in the firm or busi-
| ness with which he is connected, put
that he is working for wages, ana that
never in his life was he in Elk PARK
until early last spring. and then not
again until the 22d of September. he
said IL would be shown by witnesses
that on the very day that he was al
legged TO have been seen at WoodVllle
by the states witnesses he was III
Butte and at work all day at the fnea,
market or was delivering meat, and
that that would be proved by the
books of the firm in which entries were
made in Mr. Benhams own writing on
the day On Sunday, Sept p, when ne
was alleged to have been slaughterlne
stolen CATTLE at Kipp's butcher shop
he was in Elk Park buying CATTLE from
two men named Strasse and Romonis-
XII. and the next day he drove them 70
town. IT was at that time that he mel
Mrs Newgardt, Johnson and Benjamin
and their testimony bears out the de-
Tense in everything except date, IT
i
mistaken Mr.. Haldorn also said Il
would be proved that Crangle ano
Frederick, for whom Benham was
working, had bought that week a lo'
of cattle branded &C." and some brand
ed with mule shoes, and that thess
brands looked so much like horse shot
brands that IL was impossible to dis
| tinguish one from the other.
1.-The whole foundation of this prose
cution," said Mr.. Haldorn, "is based OF
the effort of a certain Individual u
screen another man." He said this wal
shown by the testimony of the prosecu
ton that the stolen cattle were seen II
Bob Rand's pasture, in which Louis
Kipp had a lot of cattle, and from
which the man Todd brought severa
droves for Mr.. Kipp. 1t would be furth
! er shown that Mr.. Benham has LIVED
in Butte for a number of years, ant
until he had the misfortune to Kill hi
cattle in Louis Kipp's slaughter house
| not even breath of suspicion hat
ever been directed towards him.
Mr. Benham, the defendant, wa
called to the stand and started his ties
, timony by crying. He said he was :
years of age had a wife and two child
. rem, and had lived in Butte for nv
, years. He had been in business 70
himself but was closed on an attach
ment and then went to work for kages
In June he and his family went to Ell
, Park. camping, anu ne ulu not go u
Elk Park again until Sept. %. when h
went there and bought some cattl
from an Italian milk man named Rom
aniski and another man named Strasse
On Sept. 10 he was in Butte all day
He delivered some meat during the da,
and the remainder of the time was Il
the shop and waited on customers. TIL
day book OF the firm was produced an
Benham said he made a number of en-
tries on the book under date of Sep
; 10. The date. he said. was written b
! Mr.. Crangle. but he knew that the dat
was written on that day and the bill
: | given to customers correspond wit
that date Before Benham's testimon
; was concluded court adjourned for tn
. day.
Flowers shipped. Finest funeral de
/ | signs made by Mrs. Knox.