The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1901-08-16
WAS A MAVERICK.
Charge Of Horse Stealing Against
Wet Falls Down.

FE#. E.n.s vvVe Z Ill =lga /
y rom Wednesdays Daily Gazette.
The charge OF horse stealing against
Wet, a Grow Indian, preferred by
Newell Vantassel during the latter
part of last month, was suddenly drop
ped in Judge Mann's court yesterday
afternoon. County Attorney Hath
horn was the mover of the motion for
dismissal, and that, too, without wait
ing to hear any of the testimony the
defense had to offer. The showing
made by the prosecution was such
that he considered it useless to make
an effort to hold the accused to the
district court, as a conviction would
have been impossible.
The complaining witness made a
strong effort to prove ownership OF
the horse in controversy and testified
that he had bought it about two years
ago from Mr.. A. Dake, then a resident
Of this city, but now OF Red Lodge,
where he is stock inspector. He de-
scribed the various brands decorating
the animal and laid particular stress
upon the fact that it was barnded
VT on the jaw, the special and legal
sign of his ownership.
G. A. Smith was also a witness for
the state and deposed that he had
bought the horse, a buckskin pony,
from the defendant, but not until Wet
had several times refused to sell it
to him. Pryor to buying the horse
witness had e en it in possession OF
Wet and also in that of defendants
son. It was after he had been the
owner of the horse only a few hours
that Vantassel and Stock Inspector
Collins appeared and took possession
of it in the name of the former, VIII
claimed it had been stolen from him
Smith said that while familiar witt
brands and branding he was unable
to decipher the jaw brand which Van
tassel claimed was VT, and gave i
as his opinion that it was a brand
which had been tempered with.
Inspector Collins next took tn,
stand and told what he knew abou
the Ease and gave particular test
mony in reference to the brand on tn
Jaw, which he claimed was very dis
tinct and easily read.
, Dake was now called and it wa
his testimony that proved the state
undoing. In answer to questions fror
l the county attorney he admitted tina
he had obtained the pony through tn
mavericking process, a couple G
wears ago, on the Grow reservation
: He denied that he had ever sold tn
cayuse or any other horse to Val
. tassel, but had simply been paid )
by the complainant for bringing it
town and turning it over to hin
g While he did not know positively t
G whom the horse had originally bt
longed, he thought that it was tn
q property OF some Indian because c
the fact he had found it running o
the reservation. At the time he d.
liyered the horse to Vantassel it wa
not branded, he said.
. The witness explained his posses
:. sion of the pony by saying that h
had found it with some of his mare
: and had turned it into a corrall wit
them. After keeping. it there an hou
or so he. had released it, after whic
i Vantassel had asked him to bring
- into town. According to Dake it
customary to pay men the sum of 5
for delivery of animals of the elias
to which the pony belonged when h
!, turned it over to the complainant.
1t was after Deke had testified thu
: the prosecuting attorney made h
" motion for dismissal and gave h
reasons therefore.