The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1905-01-27

brought in by Hanson. Both samples
contained oats and fax. Both loads.
had layer of poor wheat on the top.
Witness said that ordinarily the poor
wheat was in the hottom John A.
Cole corroborated the testimony of
Helgerson. w., -
Samples were introduced in evil
dence upon proper Identification by
j. A. Cole and Richard Peyton. The
state rested.
Motions to dismiss were overruled.
Robert Mills was called by the de-
fence. BE testified to many things
and contradicted himself on all mat
erial points. His testimony greatly
weakened his case. He denied being
at McLean's glanary and said that
the loads we're taken from his own
granary. that he had two grades Of
wheat, containing oats and fax. that
one load was put on at night and the
other in the morning and that both
wagons we're backed up to the granary
at night. He swore he was at home all
day on the 10th of November and that
he did not meet Ohms on that day
while coming from Omemee.
Pat McGaffney testified that he
loaded the first load of wheat before
supper on the 10th. Said Miller came
over to change an end gate while he
was loading the wheat. Mills father
was over for few minutes that even
ing. Said he and Mills were at home
all night and went to bed at about II =
90 The other load was put on the
morning of the 18th. He contradicted
Mills on several points chiefly as to
the time they started and as to the
mixing the wheat.
+ Mills was recalled and admitted
that McGaffney's testimony was right
and his was wrong.
Mrs. Mills testified that her husband
was at home all the night of the 10th
and that she saw the first load put on
in the evening. She corroborated her
husbands testimony as to his getting
up during the night to get drink for
one of the children. She testified that
they had not talked over what she
would testify to. j..
Miller testified that he was at Bob
Mills place on the evening of the 10th
with an endgate and he thought they
were started to load before he got
there. He stayed about fifteen min
utes and they did not load any grain
while he was there.
VIM. Mills swore he was at Bob 3
place for Is or 20 minutes between z
and on the evening of the 10th.
SaidsBob had two grades Of wheat,
John McCaughna testified that there
were two bins in granary containing
different kinds of grain but evidence
was stricken out as examination was
made after the commission of the
crime.
Mills was recalled and said Nc
Caughna was there and that there was
wheat IN the granary and that it was
the same wheat ne hod testified in re-
gard to. On cross examination he said
he ''might have been in Jail, for ten
days between the 18th and Goth of
November but as nearly as he could
remember it was "about week. - He
then said ne was a week in Jail and
two days at home between the 18th and
Goth.
Maggie Abrercombie was called and
corroborated the testimony of Mrs.
Mills. Sne said she had not talked
with anyone in regard to her testimony
but knew she would be a witness.
Defense rests. .
The state in rebuttal called john
Taylor, an Omemee grain buyer who
showed book with entry of Robert
Mills name on November 18th.
w. J. Ohm testified that he met
Mills on November 18th, three and a
half miles from Omemee going to
town with two loads Of wheat.
George Taylor, machine dealer from
Omemee swore that he saw the grain
on Mills farm and that it was not
blue stem as testified to by Mills but
that it was Fife wheat.
= Ed Cromrei testified that he was q
thresher and threshed for Bob Mills
and that he saw no fax in the wheat.
,Partof both fields was threshed togeth-
or and Mills did not tell him to keep
the grain separate. He also testified
that the north field was not blue stem
wheat.
E. j. Hollister Of Omemee swore he
bought wheat Of Mills on November
18th and John Taylor and Geo. Taylor
identified the check given in payment
as we'll as Mills endorsement on the
same. At a late hour last night the
jury returned a verdict Of guilty.