The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-07-12

he asked her how much she wanted.
Carney was shown the horse and buggy
and came back n said he could not
make the purchase for about two
months. The animal was q dark brown.
Her description OF the animal did not
correspond with that given of the John
son horse.
reference TO the contract TO purchase.
that she had told Carney IL she had not
sold the horse and buggy by the time
he got around to buy, he could have the
outfit at the terms she had set. That
was all h contract she entered into.
Thomas Cardigan, a small boy. the
son of Mrs. McBreen. told of Carney's
visit to his mother. and of showing him
the horse which a two white feet. a
long tail. shod on one foot branded
IS Lazy s." Asked If he had ever seen
Johnson's horse the boy said yes.
Asked IL he had looked like his mothers
horse, the boy said one was a PAGER and
the other a %trotter. Asked how he
would be able to tell his horse from
Johnson's. the boy said he could tell by
the fact that his mothers horse had
two white hindfeet, a white spot in the
forehead. was brown and had a long
tail, while Johnson's horse was sorrei,
la no white feet or white spot in the
forehead. He could also tell by the
brand and difference in the gaits of the
two horses.
Mrs. Patrick Carney. wife of the de-
PENDANT, was called, and old of her
husband and Dalton coming to the Car
ney place on the day of the a She
said her husband had told her about
making a contract to buy a horse of
Mrs. McBreen, and when her husband
and Dalton came in her husband aid
ne talked of trading with Dalton when
he got there. Mrs. Carney broke down
and cried when asked If she said she
would cut her throat IL the trade was
made. She denied she had said such
a thing.
Marshal John Curran old about the
Johnson boy coming to his place and
telling him his horse was in Dalton's
possession. and he would not give him
up. Witness told the boy to get out a
writ of replevin, which was done and
witness went and the horse.
Witness asked how much he considered
the horse worth and he said not more
than $40.
The witness Dalton was recalled by
the state in rebuttal, and denied that
Carney had mentioned any contract TO
buy the horse at the time of the trade,
Carney, the witness said, came to him
when johnson was present and hand
ed witness a bill of sale. saying that
1 IL was d OIL vi Sdlt 10 It'll VI
McBreen. The johnson hoy said Car
ney had snatched the bill of sale out
of his hands, and that 1t was his John
son's) bill of sale from Kelly. Witness
did not read the bill of sale. and only
knew it was one because Carney said i
was.
The complaining witness was recalled
next in ebuttal. He said his horse
had no white hind feet or star in hi:
forohaa1 and UaS hnh-tailp6 Witness
admitted he had asked Carney for 8
to pay the costs in the action for re-
plevin. Carney had told him in tn
presence of VIII Collins that he got tht
horse from a woman who III a candy
store. He did not mention h name o.
the woman
Counsel decided to submit the cas-
without argument. and Justice Trap
announced he would dismiss the com
plaint, as he did not believe there wa'
sufficient evidence to warrant taking
the case to the district court.