The Dickinson press., 1905-04-22

owned half of all the cattle bear
ing her husbands brand and sub
sequently a motion was made to
throw the case out of court on this
ground. The jury was sent out
while the attorneys engaged in a
wordy fight of about two hours.
The court denied the motion.
John Goodall testified to serv-
ing warrant on defendant at his
ranch the middle of August,
1904. Something was said about
hide, that he wanted it and that
it should be in evidence, but
Schaffner; after making search,
said it had gone from shed and he
presumed the dogs had dragged
it away.
Peter Boehm testified to driving
100 cattle from their place near
Schaffner ranch to dipping tank
on the 2Ist of July last; said there
were three of 8 H 8 bar cattle in
bunch, the hcifer in question, her
mother and one other; testified
that the Schaffner herd of 300
joined them on the way. Schaff-
ncr was along. On cross examin-
alton an effort was made to dis
credit testimony of witness by
showing that he did not remem
Der special marks of any animal
other than the heifer. 1t was
shown that during the summer
Boehm had worked some at
Schaffner ranch and had had
trouble with defendant. Witness
stated on redirect examination
that herd from dipping tank was
turned back July Fl; he noticed
heifer and spoke to Schaffner
about her brand and defendant
said he did not know any such
brand.
State rested.
Defense opened by statement
to jury that it would be shown
that Schaffner owned heifer, had
placed his H S brand on her right
hip; in July of 1904 noticed that
brand had been worked over and
thought it best to butcher her and
keep hide.
George Arnson, ~ years old,
testified to working at Schaffner
ranch summer of 1904, returning
to his Wisconsin home in fall;
said he helped defendant drive
heifer in the day she was butch
cred; noticed brand carefully;
said that s following H looked as
though bar had been drawn
through S; saw blood oozing
from point where bar had been
drawn through, also little blood
oozing from 8 on other side of H.
On cross examination witness
swore to examining brand on his
knees in yard after heifer had
been knocked down, but did not
say anything to Schaffner about it
at the time or since prior to com.
ing to Dickinson; thought he first
spoke of matter to Mrs. Schaffnel
and daughter on his return from
Wisconsin about 10 days ago;
denied having come back for pur.
pose of being witness; denied
having told at Bohneman's last
season about his examination OF
heifer.
Connie Schaffner. IL years old
testified to careful examination Of
brand on heifer just before il
was skinned, ran her fingers across
brand and saw plainly where hel
fathers H S brand had been
worked over into 8 H 8 bar brand
said blood was oozing at point
where bar had been drawn through
S, also the freshly made 8 or
other side of H. On cross exam
ination witness stated that she
made examination on her knees
but at no ones suggestion, anc
did not think she told her fathe:
about it until a week later; sale
she was with her father ane
mother in afternoon when they
were looking at heifer and heare
father say that animal must b.
butchered or some one would ge'
her.
Mrs. Schaffner testified to COINS
out in afternoon with HUSBAND
to look at heifer then in yard
thought daughter was along; OF
return to house examined brant
book to see if any such brand a
appeared on heifer could b.
found.
Defendant Schaffner, owner o
H S brand, testified to fndin,
heifer half mile from ranch or
July 20, 1904; saw that brand ha'
been tempered with, had Georg'
60 and help him drive her int
corrall; if he knew any of hi
cattle he knew this particula
heiter, which was a we'll bre'
animal, dropped March, 1903, AM
branded with his stamp branc
H S on right hip in September Q
| same year; he had cared for he
during the winter at his ranc.
and could not be mistaken as t
f her identity, to say nothing 9
f fact that the H S could plainly b
seen under the 8 H 8 bar as it az
peared worked over. Witnes
; called his wife to corrall and the
looked the heifer over for som
| minutes; returning to the hous
/ he searched in the brand book 70
s H 8 bar, as he had no know
] edge of any party owning such
brand. He decided that all thing
considered it would be best t
Ib,&~Lor %bo Lo;fo~ al 1.oo- ~