The Goodland republic. [volume] (Goodland, Kan.) 1891-1907, 1904-09-16
STEER IN JUSTICE COURT
THREE DAYS LEGAL BATTLE 10 d.
TEREIE rs RIGHTFUL oWEER
Animal Was Brought to Town, Viewed
By Hundred People, His Shoulders
Shaved tn Hopes OF Finding the I'd"
Brand-MiIIsr ys. Dyatt.

Not many tJFo-year-old steers have had
forced upon them such sudden motor
iety as that which came to the one
brought to town Tuesday from the
Dyatt ranch in Smoky township, the
ownership of which was fercely con-
tested in Justice Floyd's court for three
days. The controversy seemed to cen
ter around the question as to whether
or not the steer had a brand ID" on
the left shoulder. Some thought they
could see If and others declared It
was not there because they could not
see It. Seeing is believing of course in
a case of this kind, and to get as near
to the fact as possible, the jury was or
dered to go to Kellogg's livery barn
and to inspect the animal for themselves,
and more than that, barber was com
manded to go along with them and
clipp that portion of the animals ana
tony where the iron was supposed to
have made its indellible mark.
Henry Miller and ]. B. Dyatt both
claimed the animal, and from the re-
suit of the trial Miller walked of with
the prize. The steer has been taken
home, and no doubt his nOtriety will
disappear as suddenly as it arose-uP
like a rocket and down like a stick.
This gentle, innocent-Iooking two
year-oId steer has of course but one
father, but since its youth up It has
been claimed by two masters. AS the
story goes, when It was q calf it tres
passed with a large bunch of other
cattle on the planted crops of J.
B. Dyatt, among which was Miller's
stock. Dyatt took them up, and when
Miller settled and was cutting out his
own, this steer calf was taken but
Dyatt's men said they would determine
its ownership later. In course of time
this calf sinned again, and against Mr.
Dyatt's crops. He was taken up with
others, and this time, If seems, Dyatt
held the steer as his own. OF course
Miller had enjoyed the calf's acquaint-
ance for year, AMI to give It up so IN
tremendously was out of the question.
He demanded the return of the ami
nal, but to no avail. Then he did the
next thing, he rePIevined It. And here
by hangs the trial.
The case was brought IN Justice
FlOyd's court Monday A jury of six
men-JOhn Shreve, ]. W. Klauer, J.
A Trent, G. H Morrow, Y. W. Good
rich and J. II. Jewell-were chosen to
hear the cause Attorney G. L. Cal
vert represented Miller and E. F. Muir
ply represented Dyatt. The tug of
war was soon on. The case was elab-
orately stated, and the jury charged
with their grave responsibility. Miller
brought nine witnesses to prove the
steer was his and Dyatt went only two
less. Expert testimony as TO the brand
was heard from both sides. Miller
had his brand M on the right hip of
the steer, and no one could deny that
for It was hard put" Blu Dyatt
claimed an older brand on the right
shoulder. burned in when "Billy'' was
a calf Time had dimmed the mark,
and TO find possible traces of the iron,
not one but both shoulders were closely
clipped. The trial began at noon Mon
day and ended at noon Wednesday.
The jury, the attorneys and many
others branded and unbranded the steer
in their minds. But when the verdict
OF the jury, which had been out all
night Tuesday and part of the next
day, was handed in, the steer was de-
Clared to be AIiller's, which meant that
the shoulder brand was of the stuff that
dreams are made of.
That MIR. Dyatt thought the steer was
his IN good faith, there is no doubt, but
in a controversy only one can win. The
costs viii amount to several times the
value of the steer.