The record-union., 1896-09-30
DR.. Dixon Given His Discharge in
Insolvency.
Judge Catlin Said the Cattle Had Been
Sold and We're Not His
Property.

iiii q W. 10 MS QlScndTSt III iiiooi' 'eiiSJ' ,
on the ground that the petitioner had
neglected to include in his schedule a
number of fine imported cattle, anu mad
also collected and had in his posses
sion large sum of money at the ume
of filing his petition, which he dld not
turn over to the assignee. w. a. Gett
represented Holbrook, Merrill X Co.,and
Hiram w. Johnson represented d.
Dixon.
DIR. Dixon took the stand and testified
that he had disposed of the cattle, which
consisted of ninteen or twenty Aber-
deen-AnguS cattle, in May, 1S9o preVl-
Gus to filing his petition in insolvency.
He was the owner of the Yolo ranch at
the time of filing his petition. Previ-
Gus to that time he had decided the
ranch to II. E. Johnson of Michigan, in
payment of a claim due the latter, but
Mr.. Johnson afterward decided 1T back
to him His personal property was
also transferred to Johnson with the
ranch, but was transferred back to
witness with the ranch, a few weeks
later. Mr.. Johnson was witness ia
ther-in-law. After the property was
transferred back, Mr.. Johnson held the
note of witness for 50, 165, without Sc
curity.
In regard to the cattle, one bull
Brilliant, was afterward sold for SO
and two of them died. The cattle re-
manned on the Yolo County ranch till
April, 1895, when the water came up
on his ranch and then were removed to
the Burns place outside of this city,
and he sold them while there. He Wis
ited them after the sale at the Camp
ranch and another place, and directed
the man who cared for them. They
We're sold to Mr.. Elliott. Witness was
simply acting as agent for Mr.. Elliott,
and preparing the cattle for exhibition
at the State Fair. He showed the cat
tie to his friends at the fairs in 1890 and
1896. He had agreed with Mr.. Elliott
at the time of sale that, as the latter
had no knowledge of the individuals of
the herd, witness would take care of
them, fit them for the fair. vi through
mis- acquaintance with stockmen help
him to sell the stock. He had had no
ownership nor personal interest in the
cattle since he sold them, and was sim
ply carrying out his contract with Mr..
Elliott at the time of the sale.
j. e. Camp testified that the cattle
We're brought TO his ranch for pasture
nearly a year ago. and We're still there.
He could not say with certainty how
many there were Dr. Dixon paid him
The pasturage bill every month. He
generally wrote out the receipt and wit
ness signed it, Two bulls had been
sold to go to Australia He could not
tell what they We're sold for DIR. Dixon
frequently came out to the ranch and
gave directions for their care Elliott
drove the cattle out there, and made the
arrangements regarding price. Wit
ness told him his terms, and Elliott
said that he would leave word with
Dr Dixon as to whether he would ac-
cept them or not. DIR. Dixon told him
afterward that they were accepted.
He had always considered that Elliott
was the owner of the cattle and he
was charged with their pasturage.
John Myers saw the cattle at the
Camp ranch. He took some care of
them. and DR.. Dixon paid him some
money in the name of Elliott who had
hired witness.
;. 3. Smith testified that he was re-
receiver OF the receipts of the Camp
ranch and had collected the pasturage
bill for the cattle from both Dr. Dixon
and Elliott. All the money was paid by
Dr Dixon in his office, except last Sat
urday, when Elliott paid it. The re
cepts were to Elliott, and read "at the
hands Of DR.. Dixon.'
f. Ames had been in the employ of
Camp until last April The cattle
came last October or November. Elliott
brought them out and Dr. Dixon often
came out to see them. He told wit
ness to keep track of the calves of in
dividual cows, as Elliott wanted ii done
particularly.
John Gruhler met Dr. Dixon at the
fair in 1S95. who was holding the halter
OF fine bull, and who said to him:
'Gruhler, L cannot part with this herd
OF cattle" Witness was positive he did
not say that he could not hear 10 part
with them.
f. j. Elliott testified that when he
purchased the cattle he received a bill
of sale for them. They were not on
the Burns ranch. Witness was at the
time ranching, working for Mr. Bar
Tett. on the Sacramento River He had
known Dr. Dixon about two years be
fore that. He saw the band of cattle
at the State Fair in 1894 and again
when he bought them on May II, 1895.
the day before he bought them He left
them at the Burns ranch for two or
three months, and then took them over
on the Yolo side, near Peters ferry.
They were then taken to the Waldron
ranch and thence to the eCamp ranch. He
had never seen Mr.. Smith till last sat
urday, but had left the money to paw
the pasturage at DR.. Dixon's office.
Two were sold to a man in Homo
lulu, a party in Sacramento bought
five or six, and MIR Camp and Mr..
Flint each bought one He asked DR..
Dixon shortly before the fair 10 have
the cattle brought in to the fair When
witness bought the cattle he was work
ing for Mr.. Barrett, overseeing his
Japanese. He had worked for Barrett
about four years previously, receiving
$40 a month. He had family. and it
cost him about S25 a month to live
He paid 500 for the cattle, $500 Of
which he had at the ranch. He had
some money beside what he was work
ing for. When he and DR.. Dixon went
man there that he had sold the cattle
10 witness. He also told a lady in the
house the same thing, Mrs. Burns not
being at home. Witness took the cattle
from the Burns ranch on July 25th
There We're ten cows and four calves
moved. He bought twenty-one head
but he had before removed the bulk t.
the McNasser ranch. DR.. Dixon. at re-
quest of witness sold the bulls to the
agent of the man in Australia at SIT
each He sold seven head to butcher
at Eighth and NJ for about 800. lie