The Dickinson press., 1905-04-22
DISTRICT COURT.
Jury ia Schaffner Case Locked Up -Four
DAYS. Defendant fined $3.50. Mike
laIIy Acquitted.

Jury n oCndtIner CdSe @OCNeu W 'o"'
Days. Defendant fined $3.50. Mike
Idly Acquitted.
Friday afternoon, April Id, in
open court, Judge Winchester
sentenced Geo. Fischer to 10 days
in Jail and to pay a fine of SIS.
He was rcmanded forthwith.
Counsel Berry thanked the court
for leniency in the case.
The jury in the II. B. Schatfner
case was completed soon after the
noon hour last Friday. Attorneys
w. c. Crawford and +. H. Regis
ter appeared for defendant. The
crime charged was committed in
old Williams, now a part of Stark
county, the last of July, 1904. L.
A. Simpson, who had been APP
pointed by the court to prosecute,
opened the case by saying that
the state would attempt to show
that a red hcifer belonging to
Geo. A. Bohneman was butchered
by defendant at his place on
Knife river and that soon there
after the hide, which bore the
brand of HI over bar, was mis-
sing and could not be found.
Geo. H. Bohncman, complain
ing witness, called, stated that
his ranch was on Knife river about
two miles south of II. B. Schaff-
ner ranch; that prior to 1904 he
used both the open and closed All
brand on both sides of cattle. He
described the red heifer in ques-
ton as being about year and I
months old at time charged that
she was butchered and said be-
cause of her being a December
calf she was not branded with
other calves on his ranch early the
spring of 1903. Soon alter his
first 1903 branding the calf and
her mother disappeared and were
not seer again until late that fall,
so that when he branded again
that year he had no chance to
brand the calf. The following
spring, 1904, he registered and
commenced the use of the s H s
over bar brand on the right hip
of cattle and on the 10th of May
placed the brand on the heifer in
question. His wife was present
at their ranch, tending the fire,
when this branding was done.
The brand was put on with a bolt
"a running brand. Fred Lehman
was present. After the May &c
branding the heifer disappeared
and on the 2oth of fully following
witness stated that he was in.
formed that Schaffncr had butch
cred her. He Immediately went
over to see about the matter, but
Schaffner was not at home. This
was on Saturday and on the fol.
lowing day he went over AGAR
with his wife. Defendant die
not deny butchering the heite1
but contended that it was his own
Settlement was refused anc
Bohneman said to defendant tina
7 he would see that he did not Kill
any more of his cattle. Schaffne,
told him to go ahead, he would
stay with him, or words to tina
effect. On cross examination
Bohneman admitted that Schaff
ner told him there that the brane
on the heifer had been tamperet
with.
Mike Mischief testified to work
ing at Schaffner ranch summer o
1904; related how, by direction O
defendant, he and Fred Kun
butchered heifer in question ate
supper of the night of July 20
said the s H s bar brand wa
plain on right hip of animal; SAT-
hide was finally sailed and place,
in shed; he did not see it there
after, although he was in the she
several times during the next fe,
days. On cross-examination vii
ness denied having said to Mr..
Schatfner, in presence of he
daughter, that brand showed ev
dence of having been tan
pered with; admitted having ha
trouble with defendant.
Fred Kunz corroborated Mi:
chefs statement in matter {
butchering; said that Geo. Ar
son, the boy who hcrdcd horse
happened around and was hear
to say that brand on heifer d.
not look like Schaffner's.
Mrs, Geo. Bohneman corrobo
ated statements of her husban
described heifer infinitely and sa
she had given her special ate
ton in winter because she W
late calf. Described mother
being dogie COW bought of Sir
mer & Thomas. Witness swo
that. although calf was at ram
she was not branded with 9th
calves spring of 1908. On crc
examination witness said that C.;
was not branded in spring becau
she was away. Witness BEGAN
confused; counsel for state tri,
to have her refresh her memol
Attorneys for. defendant broug