The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1901-03-29
LEE BOUND OVER TO UNITED
STATES DISTRICT COURT.
STOCK DETECTIVES TESTIFY
Allege Accused Removed Indians
Brands and Substituted
His Own.

oS 1920 -Oo "
stealing over 700 head of cattle, the
property of the Grow Indian tribe,
was investigated before Alexander
Fraser, United States commissioner,
Tuesday. The defendant was held
by the commissioner to answer before
the grand jury at the next term of
the United States district court at
Helena.
Owing to the magnitude of the
crime charged, the interest i'll the case
was great, and the commissioner held
the examination in the district court
room in order to accommodate the
large audience. The prosecution was
conducted by Judge English, deputy
United States district attorney, as
sisted by E. L%onnebaugh of Sheridan,
Wyo., and County Attorney Hathhorn,
while Hon. O. F. Goddard of this city
and John T. Smith of Livingston de-
Tended the prisoner.
The complaint was sworn to by Ma
jor J. E. Edwards, United States In
dian agent at Grow Agency.
The Gazette has already given the
history of this case, and the testimony
given at the examination does not add
materially to the facts as already pub.
lished. The defendant is we'll known
in eastern Montana as a cowboy, and
has for some time been foreman for
Sam Garvin Of this city, and owned a
brand of his own as we'll. Mr.. Gar.
WINS home ranch is in Wyoming, near
the Montana line, and he has had a
lease for grazing purposes on a portion
of the Grow reservation, known as
Garvin's basin. This basin lies prin-
cipally III the Grow reservations, but a
portion of it extends into Wyoming,
and it is an ideal place for holding
cattle, as it is naturally enclosed on all
sides by precipitous mountains and
rimrocks, with the exception Of a few
bride rails and one opening. The
latter was guarded by chains stretched
across it and secured with a paddock.
The prosecution evidently did not
wish to expose more Of their hand
than was necessary, as they called
only four witnesses, although the fol-
lowing were sworn: j. E. Edwards,
Carl Leeder, Lige McElvey, John Hin
man, L.. 9. Hannah, W.. u. Smith, A.
J. Morris, J. P. Van Hoose, W. B.
Hill, Thos. Galloway, James Haynie
and two Indians. Piegan jim and See
a-Whire-Horse.
The first witness called was j. E.
Edwards, Crow agent, who explained
that the cattle belonging to the Grows
as a tribe were branded I'D on the
right hip and GO on the right ribs.
About ~three-fourths of the Indians
have also individual brands with
which their individual cattle are
branded and these are also marked
with the I'D. Another distinguishing
mark is the ear mark. Individual
cattle have the left ear split, while
both ears are split OH the unity
cattle.
Sup to July ], last testified the
witness, "Sam Garvin had an in
formal lease from me as agent Of the
tract of land OH the reservation known
as Garvin's basin. / visited Garvin's
basin about a year ago. l saw about
500 head of cattle that had been
driven recently from Garvin's basin
to the agency. They We're all Indian
cattle, excepting three, two belonging
to Mr.. Dana and Que OH which the
brand was so much blotched that !
could not distinguish it, and about
1875 or 100 last years calves, which
had not been branded. Irode through
the herd and examined the brands.
The brands had been changed: The
cattle belonged to the Grow Indians,
and I had given nc authority to sell
them"
The witness showed on a paper how
the brands had been changed by burn
ing over the Indian brands, and max
ing I'D and GO brands into what the
cowmen called the mashed O" or
mashed pumpkin'1 brand. A tally
mark, which was put on the Indian
cattle last year when they were count
ed by order of the government, which
consisted OF a bar ~ had been
changed to a TO brand.
The defendant told witness that he
(defendant), owned the TO brand.
The ear marks had also been changed
by cutting off a portion of the ears.
There we're only So other cattle found
in Garvin's basin. The brands ap-
peared to have Q changed from
three to five months ago. The witness
was cross-examined at great length by
the defense.
W. D. Smith, stock detective, gave
lengthy testimony as to the changing
Of the brands, showing by diagram the
changes alleged to have been made in
the community brands, and also OH a
number Of the individual brands.
Boss Farmer Human also testified
as to the changing of the brands. He
had gone to Garvin's basin by order Of
the Indian agent to investigate, and
assisted in driving the cattle away
from the basin IN tho milan RI noe