Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1896-11-19
Bound Over.


Wheeler last Monday. District At
torney Lowry prosecuted the case and
H. W. Brown for the defense.
Brown attempted to secure a con-
tinuance of the case for week on
the grounds that there were import
ant witnesses that could prove
Duncan's innocence who had not been
found by the sheriff but would prob
ably be found by some one else Il a
little more time were given The ar
oument seemed to have but little
weight with the court and the motion
for a continuance was denied.
The testimony of the prosecution
was substantially what was given IN
the HERALD last week.
The first witness called was w A.
Quirk. The substance Of his testi-
mony was as follows:
Il live in Dubuque, Iowa, and have
known Duncan about one month. !
am in business In Dubuque with
partner whose name is N. Nj. O'Neil.
On the 10Th of October we bought OF
Duncan a black, blocky horse with
star in forehead. One week ago to-
day the under-sheriff Of Grant county
and Mr.. Griswold took the horse
from our possession. Mr.. Griswold
identified the horse as one stolen from
his pasture.
About two weeks ago we bought a
small blocky bay mare of Duncan for
S34. At the same time he offered to
sell us a tall. Grown horse. The bay
mare wss taken from us few day
ago by Lewis Breithaupt and Sheriff
Dyer as stolen property belonging to
Mr.. Breithaupt.
Lewis Breithaupt testified that the
horse and mare under discussion
were taken from his pasture sometime
/ between the 9th and goth, probably
the night of the 28th Of October, that
in company with Sheriff Dyer he
found the shorses in Dubuque the
tall horse in livery stable and the
bay mare in possession of Quirk and
O'Neil and hitched up with black
horse which he recognized as Girls
wolds. He knew the horse at once.
.hade affidavit of the same and
brought his two horses home.
John Breithaupt was sworn and his
evidence corroborated that of his
father.
Sheriff Dyer testified that warrant
was placed in his hands for the arrest
of the person, name unknown, who
stole Breithaupt's horses; that he
went to Dubuque and found the hors-
es answering that description and pro
ceeded to restore them to their owner
as already narrated.
He found also that the horse in the
livery stable had not yet been paid for
and that Duncan would come to the
barn at o'clock p. m for his money.
He notified the chief of police who
sent an officer in citizens dress who
waited for Mr.. Duncan and when he
made his appearance arrested him.
Dyer brought him to Lancaster where
b he has been in Jail ever since.
Dyer also repeated to the court the
story Duncan told him about trading
for the horses near Dickeyville and
buying the Griswold horse from a
boy who worked for Mackey living
south of town.
Geo Divall testified that he saw
Duncan in Lancaster on the 2Sth OF
October and Geo. LaForge testified
that on that day. just before the
storm came up, he had seen man
walking north on the railroad track
not far from the standpipe, which he
thought was Duncan at the time. lie
was not near enough to be certain.
II Thayler Longmeier was sworn. He
4 said: II worked for H. Mackey this
summer and last. | bought a black
horse Of Mr.. Mackey last spring. Did
not sell him 70 Duncan or any one
else. Neither Mr.. Mackey nor any
body working for him has sold black
horse to anybody this summer
~ MIR. Brown for the defendant made
h !. motion to dismiss the a ton which
was denied bv the court The defense
waived further examination aud Dun
can was bound over for trial at the
next term q the circuit court. Bail
was fixed at 5000 The net Of evil
i acnea .ennns u enmplete that There i