The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1901-12-24

Helena, Dec. 20.-lSpecial to The
Gazette.l Samuel Garvin was on the
stand this afternoon in defense and it
is considered he made a good witness.
He answered questions with a readi-
ness that appeared to have made a
favorable impression with the jury.
His direct examination was about con-
cluded when court adjourned for the
day.
Stock Inspector Collins direct ex-
animation was resumed this morning.
He told of going to the Garvin basin
at the request of the agent to look af-
ter Indian cattle. While there he was
at Ewing's and the latter told him
Lee had a bill of sale for cattle from
Anderson and Smith. According to
Collins Ewing said: 81 know the bill
of sale is all right, for I saw it signed"
Considered Lees and Garvin's reputa-
ton good. Witness insisted upon
cross-examination that he had heard
Ewing say he saw the bill Of sale
signed. Witness gave considerable
testimony as to brands of different
kinds showing palmer than others.
Two of the jurors asked him questions.
Witness said that mashed 90" brand
could not have been put upon cattle
in an open chute.
Fred Parker, a cattle buyer, describ-
ed the basin and told of different
brands he had seen there. .
Mrs. Lee, wife of one of the de-
PENDANTS told of Anderson and Smith
coming to the ranch June 16, last year,
while they were there over night her
husband asked her to prepare the
bill of sale, which she did. A large
amount of her husbands money was
kept in a sack in her trunk. She took
this out at Lees request and he paid
the two men for the cattle. Later the
bill of sale was signed and witnessed
W VII olC
did not appear to be able to furnish a
very lucid description of the appear
ance Of Anderson or Smith. Pressed
for a description of the appearance of
Anderson, she said he looked a little
like the Crow agent. 1T wasn't the
agent, was it," asked Lonabaugh.
"No, | know him." She said her hus-
band kept his money in a flour sack
She did not know how much he had.
She never inquired into his business.
Defendant Garvin was on the stand
the balance of the day. He said he
had been in Montana % years, near
ly all of the time in the cattle bust
ness. Had owned as many as 200
head OF cattle, moved into Garvin
basin in 1898, and hired Lee as fore
man -four years ago. Witness fenced
up box canyon leading to basin and
stretched a chain across to keep In
dams and others out. Ewing had one
key to the lock on the chains. Had
hAoWu Acc W lave COllSlueIdDle
money from time to time. He had
borrowed from him as much as $4,000
at n time. Told of location of his
corral and of having been engaged
with Lee in dehorning cattle when it
was claimed there had been illegal
branding going on. Told of Lees
nJ1fah ocn of f1~ r,r~hol eSnsS 1-o~l
from Anderson and Smith and the
bill of sale witnessed by Ewing.
Garvin's cross-examination will
probably take until noon tomorrow.
The testimony will not be concluded
tomorrow as the defense has a number
of character witnesses to be called.
Helena, Dec. 21.-[Special to The
Gazette.] The defense closed it's case
today without Bob" Lee, one of the
accused, going on the stand. His fail
ure to testify was one of the sur
prises of the case.
There were only two witnesses to-
nay, Val VII vi duQ
Attorney Goddard who testified briefly
as to what Ewing told him about the
Anderson and Smith bill of sale. Gar
vim reiterated what he had said in
direct examination about witnessing
the purchas of the cattle by Lee from
Anderson and Smith. He saw the
So ~cs 800 = ~
brand.
Garvin denied ever telling Moss
there were 700 Of his (Garvin's) cat
tie in the basin. Garvin was closely
questioned relative to his financial
dealings with Lee. The defense OBJ
jected to consideration of this testi-