The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-04-18
MARAUDERS OF THE RANGE
INTERESTING CASES BEFORE
THE COURT AT PANGUITCH.
Smith and Mott Accused of Acquir-
ing Their Big Herds By Unlawful
Methods-Brigham Spencer's Case.

court at Panguitch, in this district,
Judge McCarty presiding, on Thurs
day, the opening day of the April
term there. as follows:
The jury panel as heretofore an
nounced in The Herald was examined
and all found qualified to act except
Rufus Liston of Escalante, who was
found to be too deaf to be able to sit
in the trial of any case.
The state VS.. Mrs. z. S. Carpenter;
dismissed on motion of County Prose-
cutor Chichester on the grounds that
the evidence is insufficient to convict.
Mrs. Carpenter, the defendant, runs
store in Coyote, and last summer a
box of freight, lemon extracts, soda
water, ETC., got mixed with snip
ment of goods to her and it was al
legged that the box of goods belonged
to another storekeeper, but that Mrs.
Carpenter insisted on keeping the
goods and as a consequence she was
held to the district court on a charge
of grand larceny, with the above re-
suit.
BRIGHAM SPENCER'S CASE.
The state VS.. Brigham Spencer; de-
PENDANT is at Panguitch to receive his
sentence, having been convicted of cat
tie stealing in 1896, his case having
been appealed and the Judgment and
higher court affirmed. Spencer served
some months in the penitentiary on his
sentence of one year, pending the ap-
peal Of his case.
There is a pathetic side to this case.
In brief the particulars are these:
Jake Reese, of more or less fame as
law breaker, and one George Davis,
concocted the plan to go to Panguitch,
and from there as headquarters go
over into the Escalante country, where
there are a few Panguitch cattle and
cattle from the west side of the coun-
ty, but no riders from that part of
the country, and represent themselves
as having authority from cattle own
ers of the west side to gather their
cattle from them. Under this preteXt
of employment they rode the range,
their object being not 20 gather any
body's cattle in particular, but to
acquaint themselves with, and gather
up all the mavericks and long-ears
and any brands that did not belong on
the Escalante range and sell the same
TO their own profit. They succeeded
for time in this nefarious business
and had in their confidence Mr..
Spencer, an Escalante rider familiar
with the range and the stock upon II,
whom they induced to point out to
them the cattle that did not belong on
the range, and were therefore the
most likely to be the easiest to steal,
and for his services he was to share
the ill-gotten gains. Spencer was a
young married man of very respect
able family connections, and a. young
man who had hitherto borne the very
best kind of a reputation. When the
arrests came Reese skipped his
bonds and Davis turned states evil
dence, and thus the two most guilty
of the trio escaped punishment. and
cot of fha nTOfiTS
Spencer's trial was such strain
upon his wife that she was made prac-
tically an invalid, and on the day OF
the verdict as a consequence of the
strain, she gave birth to pair Of
twins, both of whom died, and ever
since that time it has been very Sc
rious question whether she herself
every evidence of having thoroughly
repented, and is generally considered
now to be a trustworthy and good citi-
zen. A great effort is to be made be-
fore the board of pardons in his behalf.
His case was called up Thursday at
Panguitch for passing of sentence, but
it went over until Saturday, on which
in arrest of judgment pending the.
placing Of his case before the board of
pardons.
The noted McCune case was also
called up on Thursday for passing of
sentence upon the defendant, but it
also went over until Saturday. The
defendant was not present in court and
the prospects are that he will not be
and that the state will collect $1,000
from his bondsmen. McCune is a mar
ried man of Ogden. He was convicted
of assault with intent to commit rape
upon Louie Talbot of Panguitch.
QUESTION OF VALUE.
Two grand larceny Cattle stealing)
cases against Joseph Smith and Jed
Mott, were dismissed on motion of the
prosecutor. the proceedings in the JUS
tees court and the papers therefrom
having been found to be defective, and
the defendants were remanded to the
custody of the sheriff to await further
action. District court was then adj
journed, and in the afternoon these de-
fandants were taken before Judge Nc
Carly as a committing magistrate,
given another preliminary hearing and
held to the district court. Their cases
will no doubt come on for trial Satur-
day. The letter bringing this news
states that the prosecution has a strong
case against the defendants, unless the
question of value makes of the offense
petit instead of grand larceny. The
new code provides that value to the
amount of $50 must be taken to con-
stitute grand larceny, whereas under
the old law the stealing of a cow, horse,
etc, irrespective of it's value, was grand
larceny; and inasmuch as cattle thieves
rarely fake more than one animal at
time though they may take several
in one day, and in time play sad havoc
with the herds of the honest cattle
raiser under the new code it is almost
an absolute impossibility to convict
these marauders of anything more
than petit larceny. no matter how
strong the proof may be, as no one
range COW or steer is worth the sum
of $50.
Great interest is manifested by the
cattlemen of the south in these cases, |
and they are to be hard fought, scores |
of the cattle raisers and range riders
from the Escalante country being at
Panguitch to watch the progress of the |
trials They rehearse the alleged meth |
DDS of these men, Smith and Mott, and
condemn them, and say
that one-tenth of the depredations on
the cattle herds are not committed by
the Robbers BOOSTERS, but by men of
their stripe, owners of cattle riding the |
range and preying upon their CO.
riders with underhanded methods. |
Smith and Mott have for a brand a |
circle, which can be placed upon almost |
any brand and the old brand disfigured. |
AS cattlemen know their cattle only by |
the brand. and their brand being thus
disfigured, practically all trace of
their ownership is gone. The cattle |
men say that since this brand came on |
the range there has been more disfig-
ured and "whittled-up" ears seen upon !
the range than heretofore, and as a |
consequence suspicious were aroused |
and a still hunt inaugurated, with the
result that these cases have been
planted in court. knowledge has also |
been gained that, Notwithstanding the I
fact that these men came on to the