The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-01-23
COOK AND HARRIS ON TRIAL
SECOND TIME.
FOUND GUILTY ONCE BEFORE
Hearing Of Men Charged with priv
ing Stock Off Its Accus-
toned Range.
From Tuesdays Daily Gazette.

From Tuesdays Daily Gazette.
James Cook and Laurie Harris were
placed on trial in the district court
this morning on an appeal taken by
them from the Justices court, where
they were convicted by a jury and
sentenced to pay a fine. The charge
against them is driving stock from
it's accustomed range. Following are
the jurors ~empanelled to try the case:
P. l.. Lotus, V. w. Eames, John
Stems, Thomas F. Moore, Peter Pc
roe, ]. G. McKune, N. 1. Algeo, John
Pearce, Alfred Swanson, John Kim
berly, Grant Foster and j. w. Apple
man.
Docket Notes.
The case Of Robert Milne VS.. Hilda
Owens came up yesterday afternoon
on plaintiffs proof. The action was
for the purpose of ejecting the de-
PENDANT from certain lots claimed by
the plaintiff. No defense was offered
and the court made an order of res
titution and also awarded plaintiff
the sum of $84, due as rents. The
claim for damages was waived.
F. w. Kreidler the regular reporter.
having concluded his work of taking
down the testimony in the Rosebud
county contested election matter, re-
turned yesterday and this morning
resumed his duties as stenographer,
relieving Harry Wilson, who acted
temporarily in that capacity since
court convened.
Olof Johnson, a native of Sweden,
was granted final papers last even
ing.
From Wednesdays Daily Gazette. '
AS in the Justices court, the jury
which tried Laurie Harris and James
Cook in the district court yesterday
returned a verdict Of guilty as charg
ed. The defendants were accused o.
driving stock from it's accustomed
range.
The verdict, however, was not unan
imous, two of the jurors, McKune and
Appleman, informing the court thai
they did not agree with the majority
it being their opinion that the defend
ants were not guilty. AS the offense
alleged is a simple misdemeanor
unanimous verdict was not necessary
a decision by two-thirds of the jurors
under the law, being sufficient fol
a finding.
The action may be said to have beer
directly traceable to the custom thai
prevails here, as elsewhere in the
west, OF fencing public lands. Cook
n Harris were in the employ OF
AL. Thomas, a sheepman, who has a
large tract Of land under fence ur
toward the Lake basin. Some of the
Ian is his by virtue of purchase from
the Northern Pacific Railway com
pany, some he has leased from the
state, and some he has just fenced
in, although the title to it still rests
with the United States, he doing as
many others in his position do-run
ming his fences SO that while enclos
ing land that he may rightfully en-
close they also enclose other land moi
belonging to him or under his con
troll. This method of fencing is popu
larly known as the ~"shoe-string" sys
tenn.
According to the testim ny it an
peared that. the stock said to have
beer driven away had broken through
Thomas fence and he ordered the
defendants to drive it out-they sale
said they drove it out through the
same hole by which it had entered
and that it was not on it's rightfu
range.
The defendants do not propose tt
let the case stand, as they signifie(
their Intention to move the court tt
set aside the verdict and grant then
a new trial. At all events motion
will be made to grant the usual time
in which to prepare and file a bill
of exceptions on a motion for a re
hearing.
Thomas VS.. Story.
This morning trial of a case wa.
begun that may be said to have hae
its origin in pretty much the sams