The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1896-04-23
DEPARTMENTS ARE COMPLETE.
Swedish Mercantile Co.

to Iowa add when he delivered them
to the owners he was short many
head of cattle, and some twenty odd
head were found in the possession OF
parties to whom they had been de-
livered by the Defendant. Defendant
in the spring of 1891 gathered a herd
Of cattle in Sioux and Lyon counties
in Iowa numbering about twenty.four
hundred.He drove them to his herd
ing grounds in southern Minnesota
about fifteen miles distant from Nc
Cabs's grounds. On the way up
enough cattle were taken into the
herd to swell the number to twenty
seven hundred head.
Defendant bad tie cattle of his own
in his herd, the balance of his cattle
belonged to about one hundred and
fifty different persons. When defend
ant drove his herd up he lost many
cattle and his herders went back and
gathered them up something over
eighty head and returned them to the
herd. When defendant delivered his
cattle to the several owners in the fall
a few head which belonged to Nc
Cabe's herd were delivered by defend
ant to his customersst make up the
number belonging to them.
The defendant sold some cattle. to
different parties, ,and one sale which
he made shortly after September 20,
1891, embraced some cattle which
had belonged to McCabe's, herd.
The claim Of the state is that the
cattle lost by McCabe were taken by
defendant or his men from McCabe's
yard on the night of September 20,
1891.
It must,we think be conceded that
cattle were taken from,or got out OF
McCabe's yard the night of Septemb-
er O,1891, but we fail to discover any
evidence which shows that they were
taken by defendant or his men. In
fact we think there is no evidence
showing or tending to show the TAX
ing of McCabe's cattle by defendant
or his men, save the fact that shortly
after some of these, McCabe's cattle
were in the herd of the defendant.
We think, however, his possession of
them can be very satisfactorily ex-
planned. It is claimed, and there is
evidence from which the fact might
we'll be found,that when McCabe
droye his cattle up in the spring a
of his cattle were lost.
It is undisputed that defendant
drove his herd up very soon after Nc
Cabe's and that he. lost cattle and
sent his men back and gathered up
over eighty head. It is not improb-
able that these may have included
some that McCabe lost. There is no
evidence that the defendant had
knowledge that he had in his pos
session at any time any of McCabe's
herd nor does it appear that heat the
time be delivered the cattle, knew
that he had any that had belonged
to McCabe's herd. We place but
little reliance upon the count of the
cattle which McCabe says he made
when there were seventeen hundred
of them spread over an eighty acre
field. No one else pretends to have
counted them, and it is clear from the
evidence, that neither McCabe nor
the defendant,in view of the marks
and brands on the cattle, and the
fact that many of them were not
branded at all, could identify any
number of them. The
guilt of the defendant seems to be
based largely on the fast of his hav-
ing been found in possession of some
of McCabe's cattle.
Will lie such possess Joni recent, IAN