The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1902-05-16
CASE INVOLVING OWNERSHIP OF
BUNCH OF CATTLE.
oLO CUSTOM is ALLEGED
Ettien VS.. Drum Now on Trial Likely
to Prove Interesting to
Stockmen.
From Wednesdays Daily Gazette.

Trial of the case of William Ettien
VS.. H. B. Drum was begun in the dis
trict court this morning.
The plaintiff, who is a cattleman of
Fergus county, is suing the defendant
for the recovery of AZ head of cattle,
valued at $33 per- head, and two
calves of the alleged value of $40.
He sets forth that on October /, 1900,
he was the rightful owner of the
stock sued for and that it was then
within the borders of Fergus county;
that on the date named William
Deaton and Justin War; unlawfully
drove off the cattle pa~rticularized in
his complaint and that on December
II, 1900, they passed into the posses
sion of the defendant, who vented the
brand, a pitchtork, by running a bar
through it; that he has made several
demands on defendant for the return
of the cattle, but without avail. There
fore he is suing for the original
stock, such increase as it may have
had since the time the alleged unlaw-
full dispossession and 1900 damages
and costs. Ct
In defendants answer denial is
made OF plaintiffs claim of ownership
and the allegation is made that
DCdCoA oAu - ~ 10y x - 80
owners of the stock and had a right
to sell it and that defendant bought
it from them. "a.
Bought the Brand.
The replication of the plaintiff al.
legs that July "a, 1900, he. bought the
pltchfork brand from Deaton and
War;, delivery to be made in two in
stallments, and that whatever stock
bearing hat brand which remained
un%delivered and on the range after
the last delivery was his by right OF
purchase, no matter where it might
have been. In other words, he as
serts that purchase of the brand gave
him undisputed ownership OF all stoci
bearing mat particular brand, wheth
er delivered or not.
81 The jury trying the case is com
posed of E. O. Railsback, A. c
Grimes, F. A. Johnston, A. S. Shan
non James G. Foster, Grant Foster
l.. Kirchies. J. l.. Gilchrist, F. B
Chapman, George A.. Berky, d. {
Young ano ]. w. Appleman.
Probate Matters
A formal order was made by tn
court this morning revoking the lei
tiers of administration of the estat
of John w. Owens, heretofore issue'
to Albert T. Owens, his bondsman hay
ing withdrawn as surety on his Of
fetal bond. It is understood that
petition will be submitted by anothe
member of the family to be appolnte
in place OF the suspended administra
tor.
In the matter of the estate of Mar
J. Sanders the bond of Charles l
Smith as administrator, with will a
tached, was approved.
A like order was made in the ma
ter of the estate of William ]. Refer
rath, deceased, of which Ellie 4
Reifenrath is the administrix.
The bond of George freshman a
administrator of the estate of Mar
Trischman, deceased. was approved
The bond offered by A. A. Morr1
as administrator of the estate OF Cha.
ton E. Warner, deceased, was appro'
ed.
In the matter of the guardianshi
of Fred Massing. ct al, minors, tn
bond of Edward S. TAYLOR as guardia
was approved and accepted.
Revolver Given
Ever since the arrest of Jess
Smithey, early last fail, on the chare
of burglary, a revolver has been in tt
custody of the clerk of the court. TT
weapon was taken from the prison'
and was to have been used as an e
hlpit in the states testimony, b
occasion for it's use in that mann
never arose. the defendant havir
pleaded guilty to petty larceny and
now an inmate of the reform schot
he having been a, minor at the tin
of his arrest. This morning on m
ton of the county attorney the pist
was turned over to George Ross.
No further cases being ready f
= trial at this term. Judge Loud excus.
all jurors this morning, except t
panel sitting in the case of ETH
VS.. Drum.