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

Lee agreed to buy the load and gave
the stranger $40 for it. He had just
that amount OF money with him. He
said he had sold several loads of wheat
which he got from Canadians and
that he sold them under the name of
John Smith because he thought trans
action looked little shady. He used
the name Smith because it was his
step-father 8 name. Said he never stole
Dunbar's wheat but that the other fel-
lows might have done so. Lee repeat
ed great deal Of his evidence and
contradicted himself many times.
The case went to the jury and after
being out three and three-q quarter hours
they returned a verdict of guilty as
charged in the information.
In the case of the state vs.. Elmer
Primm. charged with petit larceny.
the defendant by his attorney, A.
Besancon. entered a plea of guilty.
- The case against Isham Bacon.
charged with grand larceny, was taken
up and a jury secured. The first wit
ness called by the. state was Nick
Nicholson who swore that he was liv-
ing in the Mountains on Sept. 8, 1904
and had in his possession a certain bay
mare with wire cuts on both front feet
and branded with bar on shoulder and
that the mare was worth $125. Wit
ness put her in the barn about Z clock
on the evening in question and next
morning she was gone. He looked
around and found tracks which he fol-
lowed to within half mile of Noble s
farm. He then came to town and
found trac of horse and a rubber
tired rig heading toward the noun
tains. Did not see toe mar, again un-
til she was in Gardner's barn. Knew
her as same mare although name had
been clipped siAce he saw her. A
juror asked the witness if there was
anything peculiar in the horse track
and he said there was, that he had her
shod on right hind foot with u leather
sole between shoe and foot. Witness
said defendant was at his place shortly
before the horse was stolen and he told
him he had better get away as there
was warrant out for him.
David Bacon was called and testified
that he was living On the Noble farm
taking care -,ot the property. The
morning Of Sept. 9th be missed a
buggy and harness and followed track
about 80 rods east to the mountain road.
This rig was not rubber tired.
P. Knudson was called and testified
that he lived in tho mountains and that
the main road to Bottineau passes his
place. He saw Bacon on the morning
Of Sept. eth going east. He had a bay
horse and . platform buggy. Horse
held its head we'll up. Saw the same
horse in his pasture on Sept 28rd and
for three or four days thereafter. When
deputy McCaughna took the horse away
he was at the we'll and saw defendant
pass. Saw Bacon first when he passed
going east. Defendant then asked him.
IL bachelor named Will Thorp lived
east of him and witness said he did.
This was about sunrise. Witness did
not notice buggy tires. Deputy sheriff
Met cCaughna testified that he was at
Knudson's place in September and got
q bay mare and brought her TO Bot
tineau and that Nicholson claimed her.
He arrested defendant ina small shack
near Willow LAKE. Door was barred
and locked and window nailed down
Called Bacon out and he came. Did
not find any buggy there. Hans Win
dom was with defendant. Left de-
fendant with man named johnson.
Bacon said he got the horse from Jim
Hoffos. Witness told him Hoffos had