The Kalispell bee. [volume] (Kalispell, Mont.) 1900-192?, 1902-05-14

the said James Turner drove the cat
tie over to the ranch of defendant on
the east side of the river that at said
ranch, the said Roberts and Turner
stopped for dinner, and at that time
defendant offered him, the said Rob
erts, a check for the amount of said
purchase; that it was then between
2 and o'clock p. M, and he, said
Roberts declined to take the check
for the reason that it was so late he
would not be able to get the check
cashed at the bank, and that he in
formed the said defendant at that
time that he, Roberts, expected to go
part Of the way nome that night and
would probably go as far as McGreg-
or's. Said Roberts will further testi-
fly that after dinner the defendant
saddled up and came to Kalispell
with him and that afternoon about
o'clock, the defendant gave to him,
Roberts, the sum of 1910 in money,
in the Office of Daggetts butcher
shop; that said money was paid as
the purchase price of seven steers
and one COW, being the same cattle
described in the information herein,
with the exception of one COW as
aforesaid.
That James Turner is also a ma
terial witness and if present at the
trial would testify that he had been
employed by Angus Mcdonald to
drive some cattle from the reserva-
lion to the old Brown ranch, or Dag
gett's meadow, as it is generally
known; that he left said cattle at
said meadow on the 9Th of February,
1902, and then came to Sedan, where
he remained all night; that on the
following morning he started to Kali
ispell and on his way there came up
with Frank Roberts, John
Joe Robinett, who were driving a
bunch of cattle to Kalispell; that it
I was about II o'clock a. M, when he
the said Turner came up with the
said Roberts and they were then a
short distance east of the old Darl-
ing place and on the north side of
Ashley creek; that said defendant
and said Roberts we're riding along
behind the cattle and were talking
about the price; that he heard this
defendant say that the cattle we're
light and that he, said Turner, took
part in the conversation and said
that the cattle had been driven With
out water and were gaunt, otherwise
tney were in good condition; that he
10
$40 head for the steers and $50 a
head for the cows; that said Roberts
accepted the offer after some further
talk; that during this time the cattle
were being driven slowly by Joe Rob
inetC; that the said Turner was well
assisted him to drive the cattle from
tie point where he came up with
them to the Lang ranch that they
took dinner at said ranch ana while
there said Lang offered him, said
Roberts, check in payment for the
cattle, but that said Roberts declined
to accept the check, giving as his
reason that it was too late to get il
cashed that day; that the cattle men
toned and described in the lnforma
ton were in the bunch above re
ferred to along with a number of 9th
ers.
Aff1ant further says: That he has
used due diligence to procure the at
tendance of said witnesses, but thai
he is informed and believes that they
and each of them have departed from
and are now absent from the state.
That from the time the informa
ton was filed aff1ant has endeavoret
to locate said witnesses and that OF
The 10th day of May, 1902, he caused
a subpoena to be issued and placed
in the hands of the sheriff, directing
the sheriff to subpoena SAID wit
nesses, Roberts and Turner.