The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1897-07-30
HAVE TO ANSWER
Steve MCDermaid Will Have to Answer TO
Circuit Court Under Charge Of
Stealing a Cow.
Several Witnesses Declare to Have Seen
Him Drive the Animal Into a
Place Of COncealment
THE CHICKEN LAW
Different Opinions Seem to Conflict as to
the Time When Hunters Can Make
the Attack on Chickens.
THE CHICKEN LAW
HELD TO THE CIRCUIT COURT.
Steve McDermaid Was Held Under the
Charge of Stealing Cow.

Steve McDermaid Was Held Under the
| Charge of Stealing a Cow.
(From Thursdays Daily)
The case of the State vs. Steve Nc
Dermaid, charged with stealing . COW
belonging to Q. B. Wilt on Tuesday,
July 20, was heard by Judge Abbey at
| the court house this afternoon. F. b.
| Winsor appeared for the state and
T. j. Spaugler and F. M. Goody koontz
defended McDermaid.
Anurew Peterson was first witness
called, and stated that he lived north
east of town and was northeast of the
house on Wednesday, July 20; late in
the afternoon he saw fellow driving
the agents, Mr.. Wilt, COW down toward
the slaughter house yard, which stands
north OF the Omaha railroad track; he
drove the COW down by the fence to-
ward the slaughter house yard: when
| saw this went home and got. my
horse and rode down to the slaughter
house: started first to see where he
was going; 1 seen him drive him into
the slaughter house yard: could see
him drive it;there: l hollered at him
and he went down the hill; he did not
look up and was riding his horse pretty
fast; did not see who the man was; he
was about three blocks away: thought
it looked like Steve McDermaid; have
lived near him and known him four or
| five years; have seen him ride, and
from the light aorrel horseand from my
knowledge and acquaintance of him I
believe the man to Re Steve McDer-
maid.
MIR. Spangler conducted the cross
examination but was unable to change
the evidence only in few minor points.
Herbert Daniels corroborated the state
ments of the previous witnesses and
gave further evidence of having found
horse blanket in the vicinity of the
slaughter house. Several other wit
nesses were called and testified as to
what they knew concerning the pro-
ceedings.
II. E. Hitchcock took down the testi-
muny in narrative form.
The examination of Steve McDer-
maid before Judge Abbey, under the
charge of stealing acow, was continued
at the court house Friday morning at 9
o'clock. The state com pleted its evil
dence by Introducing A. J. Crandall,
the farmer, as witness who testified
to having recognized McDermaid in
connection with having stolen the COW.
Attorneys Goodykoontz and Spangler
made no defense but asked for tho dis
missal of their client on the ground
that sufficient evidence had not been
introduced to show that crime had
been committed: in that the party who
took the COW did not have it in his pos
session for the reason that he did not
close and fasten the gate, and that
there was no appropriation made of the
property. Both attorneys made some
remarks along the line that no crime
was committed. Judge Abbey held
that when McDermaid ran away, when
he was surprised in the act by the
boys, was evidence enough OF the
4 guilt and intent of the party. Judge
Abbey announced that he would hold
Steve McDermaid to the circuit court,
under the charge, in the sum of S400.
D. McDermaid, brother of the de-
fendant, put up cash bond for St.ve's
appearance at the term Of circuit court
in November. While there was some
dissatisfaction as to the amount OF bail
as fixed Judge Abbey stated to The
REPUBLICAN that inasmuch as the
amount involved in the case was only
$50 that he could not consistently make
it any higher.
/ Freak of Nature