The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-09-22
STATE FAILS IN PROSECUTING
QUARANTINE ACTIONS.
TECHNICAL GROUNDS RAISED
Venue Of One Not Proved-complaint
In Other Stated insufficient
Facts.

Thus far two unsuccessful attempts
have been made at the present ses-
sion Of the district court to prosecute
men charged with having violated the
quarantine law of the state as it re-
lates to the prevention of the spread
of scabbies in sheep. One case failed
yesterday and the other this morning.
In yesterdays case John Heide was
the defendant and he owes his &C.
quittal to the poor knowledge of geo.
graphical lines manifested by the wit
nesses for the prosecution. After a
jury had been empannelled and some
of the testimony heard the state at
tempted to prove venue in order to
establish the courts jurisdiction. In
this it failed utterly and on motionNOf
the defendants counsel the Judge in
structed the jury to return a verdict of
not guilty.
Heide was accused of having remov-
ed a band of quarantined sheep in the
Musselshell valley, at a point near
the conjunction of Yellowstone and
Rosebud counties. When the witnesses
by whom it vas expected to prove that
the sheep were in this county were
called to give. the exact location they
were unable to do so. They could not
state positively in which of the two
counties the sheep we're, as no marks
existed by which they could accurate
ly define the boundary. Hence it could
not be proved that the alleged offense
had been committed in this county,
and the motion to dismiss was granted.
The place in which the sheep were
is the same territory concerning the
location of which as to county a dis.
pute arose a few years ago, when a
man named William F. Cuchta was
arrested for killing Max Hildebrand.
Kuchta was arrested by the sheriff of
Yellowstone county and brought to
Billings. Then the dispute as to the
venue arose and in order to settle the
matter an order for a survey vas
made. The surveyors of Yellowstone
and Custer counties met and ran a
line and it was found that the killing
occurred in Custer county. Kuchta
was then removed to Miles City, where
he had his trial.
1t appears that the surveyors failed
to erect the customary landmarks
and none of those who testified in
yesterdays case could recall where
the line was located. Since that sur
vey Rosebud county has been formed
by taking a portion from the western
part of Custer and the disputed area
is now either in Rosebud or Yellow.
stone county.
Not Enough Facts.
Today's case ended abruptly on a
technicality.
J.. M. Darroch was the defendant
and his hearing was on an appea.
from the Justices court. Some time
ago he was tried before Justice Fraser
the charge being that he had violated
the quarantine law by removing scab
by sheep. A conviction followed AND
an appeal was taken. This morning
the matter came up for hearing and
a jury was drawn. County Attorney
Harris then read the complaint ant
placed his first witness, Doctor
Knowles, state veterinarian, on the
stand. This is about as far as hi
got. Before any testimony could b.
heard, Mr.. Hathhorn, for the defense
moved the court to discharge the
jury and dismiss the action, as no
enough facts were alleged in the com
plant to constitute a. public offense
The motion was resisted and tn
matter argued. At the conclusion o
the arguments Judge Loud garnted tn
motion. To this the state took ex
ceptions and was given 60 days il
which to file a bill of exceptions.
Wanted-Boy to learn photography
"