The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-11-09
Big ENLIGHTENMENT Cases on Trial at
Brigham City.
EIGHTEEN THOUSAND HEAD
TT WAS A VERY HARD WINTER
ON MUTToNs.
David Mackay on Trial for Embez-
cling 1850 Head, But Out of a
Total of 10000, Keysor Says But
1900 Were Returned by the Les
sees-Other Gases.
fsnecial CORRESPONDENTS

Brigham, Nov S.-The trial OF the
case of the state VS. David Mackay
was commenced in the First district
court this morning. This is the cele-
brated sheep case, in which the defend
ant, David Mackay, is charged with
embezzling 1900 head of sheep from
one Aaron Keysor.
The statement of the case to the jury
for the prosecution, by Attorney Suth-
erland shows it 10 be of much more I'M
portance than as shown in the lntorma-
ton. He stated that they would brlng
testimony show that in October, 1898,
Mr.. keysor leased 10000 head of sheep
to the defendant. They were near SODA
Springs during the summer of 1886.
That fall Mackay put them INTO the
hands of q herder named A1aNheld, ana
they were kept during the next winter
in Park valley. AT the same time he
made the lease of sheep to Mackay,
Keysor had also leased 10000 head TO
A. H. Park. These were also brought
the same herd with the 10000 head that
Mackay had, making in all 10000 head
of sheep belonging to Mr. Keysor.
1t is alleged that in the fall OF 1896,
the herders, under the direction OF
Mackay and Parks, took out. $500 head
of sheep and sold them to man by
the name of Swensen, at $2.25, and they
We're taken into Idaho and sold, with
out the knowledge or consent of Key
sor. These are the ones referred to In
this case But there were others dis
posed of to various persons.
In August, 1897, it is stated, Mr. Key
sor demanded the surrender of the
sheep, and that the defendant and Mr..
Parks turned over 1880 head out of
the 10000 head. Eight hundred head
of these were old, toothless ewes, and
the balance were spring lambs. Mack
ay and Parks stated to him that the
others had persisted during the preced-
! ing winter.
The defense has not yet made a
statement to the jury, but during the
cross examination of the complaining
witness they have developed the fact
| that their line of defense will be that
the lease was not agreed to by the de-
PENDANTS; was not signed by them; that
| another agreement was to be drawn up
which was not; that the parties have
had dealings together for number OF
years. and that this suit was brought
to force the contract which the defend
ant has not agreed to, and that it is
the settlement of dealings which have
been going on for a number of years.
The defendants, Mackay and Parks
! are residents of Murray. and keySol
has been for some years past resi-
dent of Salt Lake, but now lives in the
east. While the value of the sheep i'm
plicated in this information is not 81
great, still the value of the $4,000 sheer
alleged in the testimony would amount
at 81 per head, to a total of $4,000
County Attorney Steed and George
Sutherland of Salt Lake are attorney:
for the prosecution, and Smith & Neil
sen of Salt Lake, and B. H. Jones o
this city, are attorneys for defendant
The jury are Brigham Jensen, I. Fl
Crawford, Lewis Berthe, George ]. Ma
son, James Nielsen, jr., Charles Call
Edward Morgan, Peter Baird
There is another charge against tn
defendant, Of embezzling 600 head, ant
against Parks for the embezzlement o
1900 head. The trial of these cases viii
follow. The present case is likely t.
take the most of tomorrow. The de
Tense have 20 witnesses, as stated il
their affidavit, asking that the stat
pay mileage, the defendant not beini
able to meet the expense, from Sal
Lake City and Murray.