The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-07-12
Patrick Carney Was Accused of
Horse Stealing.
1T WAS ALL A MISTAKE
This Horse He Took Looked Very Much
Like the One He Contracted to
Buy and They Were Run
ming Together.

last week of horse stealing and arrest
ed on a charge of grand larceny. result
ed yesterday i'm the dismissal OF the
case against the defendant. From the
evidence adduced. it appears that James
johnson, a son of Thomas Johnson, who
runs a stage line between Walkerville
and Butte, bought a horse from one
Kelly and turned the animal out in the
hills to feed. Carney, the defendant
took the horse up and traded 1t of to
James Dalton. Young Johnson found
the horse in Dalton's possession and laid
claim to 1t. Dalton would not give up
the horse, and Johnson swore out a writ
of replevin and recovered the animal.
Carney claimed that ne had contracted
to buy a horse which he said was very
much like he Johnson horse, and when
he went out to take up the horse he
had contracted to buy, both animals
were running about. and he took up the
wrong horse. He succeeded in making
the contention stick. and the complaint
was dismissed. The hearing developed
some rather interesting procee 1lngs, as
the controversy appeared to have taken
on the semblance of a neighborhood
quarrel. and the court room was crowd
ed Wlln NdlhtINlit BNppiCs "hO ~
aligned on one side or the other.
Thomas Johnson, the father of the COM
planning witness, was present and in
sisted on talking while his son was be-
ing examined, and was fined by the
court when he refused to keep quiet.
Chief Deputy County Attorney n
ly represented the state at the hearing,
and Attorneys Dolan and Forestel ap-
peared for the defense. The case came
nm Of 2 o'clock in the afternoon DefOre
Justice Trap.
James Johnson, the complaining wit
ness. described the horse he had lost
and said he had turned the anima out
i'm the hills. On the LIST of July he saw
the animal i'm the possession of James
Dalton, who, the witness learned, a
traded horses with the defendant n
secured the horse belonging to the wit
ness.
Timothy Dalton of Walkerville was
called to the stan and TESTIFIED that
on July 1 he traded horses with the
defendant. In the trade he secured he
animal claimed by Johnson. In detail
ng the circumstances of the trade, the
witness said he met Carney a couple of
miles north of Walkerville. Carney ac-
costed the witness n asked "Where
did you get that horse?" The witness
replied he bought him. Carney asked,
you didn't steal him.. witness re-
piled he did not, and then asked Carney
wher he got his. Carney replied he
bought him. Witness then returned
Carney's second inquiry and said, You
didn't steal your horse, did you?"
Carney laughed and said no.. The
trade was then effected and the two
went to Carney's place, where Mrs.
Carney inquired of her husband where
he got his horse. Carnev replied Mr..
Dalton had given it to him.. Witness
spoke up and said IT was not true, that
he bad traded with Carney for a horse
i'm the hills. Mrs. Carney remarked
that her husband had no horse in the
hills, and witness thinking there was
something peculiar, asked Carney If
there was anything crooked about the
transaction. Carney replied that he
did not let his wife know all about his
business. At this Mrs. Carney ran i'm
the house crying she was going to cut
her throat. Witness went home with
the horse and when he reached there
he met young Johnson, who claimed the
animal.
Patrick Bonner testified that he was
present at the horse a d 9 The cir
cumstances he related in practically the
same language of the preceding wit
ness. At the conclusion of the trade,
Dalton took the horse he had secured
and went home and witness took the
horse Dalton traded off to Mullins
ranch and turend him over to Carney,
Inc morse DdllOn TeCe1Neu was the Ont
claimed by Johnson. He rode the horse
Carney received in the trade, to Null
Inns ranch. at Carney's request. The
last witness saw of the horses, they
were both in Dalton's possession.
John NJ. Kelly testified to selling the
alleged stolen horse to the complaining
witness. Johnson.
The state rested and the defense
called the defendant to the stand. He
stated the circumstances of the horse
trade. He said he met Dalton. as had
been related. and had the horse in his
possession, having contracted to buy
the animal. A trade was proposed and
witness said he would see Mrs. Nc,
Breen, who owned the horse. and II
everything was satisfactory, he would
trade. He subsequently learned he had
taken up the wrong horse. and instead
of getting the one he had contracted
to buy, had got Johnson's. the two be.
ing so near alike n could hardly tel
the difference. Witness. when he con.
tracted to buy a horse with Mrs. Nc.
Breen, had been shown the animal, and
when he saw the Johnson horse in the
hills. thought il was the same one and
took him up. Witness said he did no
trade horses with Dalton. but entered
into an agreement to trade at the ex.
piration of two months, when he haC
acquired the ownership of the horse h
had contracted to buy.
Cross-examined by Mr.. Connolly, Mr.
Connolly asked, Then Mr.. Dalton was
willing to give you his horse for &
phantom. objected to on the GROUND
that the witness did not know tn
meaning of the word phantom. Mr.
Connolly remarked that possibly tn
witness was not as ignorant as hi
counsel imagined. Mr.. Connolly mex
inquired. 1T was a sort OF an unsigh
and unseen trade. vas it?' Witness
admitted that was about IL. Witness
stated he had told his wife about hi
contract to buy a horse and buggy o
MRS. McBreen. but she had forgotten
about it at the time Dalton was a
their place.
Il will ask you to state" said MI
Connolly. IF you stated to Mr.. John
son. in the presence of Will Collins
tina you made an agreement with Mrs
McBreen to buy this horse and buggy
and subsequently that you said yo'
got the horse from Mrs. Johnson Tn
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