The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1904-01-22
RESPONSIBLE FOR .MlsTRlAL IN
ouARNBuRe CASE.
HELD OUT FOR CONVICTION
Remaining Three Believed Defendant
Not Guilty Of Horse.
stealing

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and nine equally determined to cor
vict, the jury empaneled to try th'
case OF State VS.. Carl Quarnburg wa
discharged by Judge Loud at noou
today, after having been out since
o'clock last evening, when final sub
mission was made of the matter.
Quarnburg's bond has been contin
ued and he will have another hearing
at the next term Of court. The charge
against him was grand larceny, 1t be
ing alleged in the complaint tha'
June 10, 1902, he stole a bay mare
from Matte Rue, residing in Carbon
county. Twenty-Five witnesses were
endorsed on the information, Of whom
10 gave testimony. The number ex
amined for the defense was smaller
While Quarnburg admitted that he
had had the animal in controversy in
his possession and that he sold hen
to John Ramsey, he denied having sto
Ten her. His defense was that he
bought the mare from an emigrant
in the summer Of 1900.
In his own behalf he testified that
he was camped at the Blazed Tree
springs, between here and junction,
being then in the employ of Mr.. Ram.
sey. While there he said the emf
grant had appeared in his camp one
day and said he had lost a mare
branded with a quarter circle RU,
connected, and asked him il he had
seen her. He further alleged that
the emigrant told him he was en- route
to the state of Washington and had
hunted for the missing animal three
OF four days, without finding her. The
emigrant had offered to sell Mm the
mare if he succeeded in finding her.
Quarnburg said he did not care ito
buy a horse without having seen it
and the emigrant left. Subsequently,
he testified, he had found the mare
and as his brother was going to
Washington he had given him $40 to
pay the emigrant for the mare, pro-
vided the man would accept that
amount for her. The following sum-
mer, he said, his brother had returned
from the west and delivered him a bill
of sale from the man, who had ex-
pressed himself as satisfied with the
price.
Two years later, in 1903, when the
mare had a colt by her side, he sold
her to Mr.. Ramsey.
The state introduced testimony to
prove that the sending of the money
could not have taken place, claiming
THAT at the time the defendant said
his brother was in Washington state
the brother was really in Montana.
of the bill of sale, which was submit
ted in evidence by the defense, was
also expressed.
The jury was composed of John
Conway, W. W. Smith, August
Schmudlach, J. H. Cowell, Andy Full
ton, Grant Van Houten, George H.
Smith, W. J. Loffer, Neill Flatt, Frank
A. Condaux, William Lamey and R. X.
Babcock.
w. M. Johnston and the county at
tOrney appeared for the prosecution
and Fred III. Hathhorn for the defense.
Enjoyed Brief Freedom.
Robert Mickenheim was a free man
just long enough to permit him to
walk from the court room into the
hall at the head Of the stairs leading
10 the ground floor. AS soon as the
door closed on him he was Immediate
u arrested on a warrant issued from
= Justices court in Carbon county
and placed in Jail to await his re-
moval the following morning to Red
Lodge.
Mickenheim's case was submitted
to the jury Tuesday evening and after
It was considered some time a YER
dict Of not guilty was returned. He
was discharged from custody, with
the result already stated.
While Mickenheim admitted that
the colt he was accused of having
stolen from James Boyd was found
in his possession at the time of his
arrest and that he had claimed it was
his, he denied having stolen it. He
sadd 1t was given to him by Floodey
Howe, who had asked him whether
he did not want to brand it. Being
buspicious of the manner in which
Howe obtained the colt, he said he
did not want to brand 1t at that time.
- far as having subsequently claim
"a ownership Of the animal, he said
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