The daily sentinel., 1906-06-26
KINNEYs BOUND OVER.
Preliminary hearing held of Calvin
and Walter Kinney Charged
With Stealing Cattle.

| about tweuty-one years OF age went
/ on the witness stand this morning
and offered testimony which, If sub
stantiated in the district court, will
send his father, a man over 60 years
of age. and TWO brothers to the peni-
Tertiary on the charge Of cattle steal
ing.
The preliminary hearing of the
state against Calvin S. Kinney and
son Walter Kinney took place this
morning and afternoon in Judge
Byers' court, which was held in the
district court room owing to the num-
| ber Of witnesses in the case.
The hearing was frought with heat
ed arguments between the attorney
for the defendant and the prosecut-
! ing attorney, and it looked many tim
! es as If there would be something on
besides a legal battle.
When Calvin S. Kinney. the prose-
cutting witness was called upon the
stand and asked to tell what his IA
| thcr would say to him when he want
ed him to go out and steal cattle. At
torney Greer objected to his answer
ing claiming that he was an incom-
petent witness in as much as he was
member OF the family of the de
fendant. and that anything that the
defendant might have said to him
which would convict him, should be
held as a privileged communication.
The court Judge said that he was not
familiar with that principle of law.
Attorney Greer then made the propo-
sition to allow the testimony on con-
dition that If later he substantiated
the grounds for his objections the
court would strike out the following
testimony.
This brought on clash between the
attorneys when each called the other
school boy lawyer,
Calvin S. Kinney who is said to
have made full confession of the
cattling rustling which his brothers
and father have been engaged in for
years was the first witness called and
told the following story:
He said the business of cattle rust
| ling had been going on for about 3
years and that during that time his
father would frequently say to the
boys to 90 out on the range and bring
| in something in good shape for kill
ing. He said that three steers be
/ longing to the Seiber Cattle company
were brought in and killed and part
of the meat was eaten and the rest OF
] It was sold. He said the father al
ways had them bury the hide ant
head and fardade them to throw then
into the river, as he said he wal
afraid fishermen. might sein then
out. He said one of the hides o
stolen cattle was thrown into an OLE
well and the others were burrie'
close to the corral.
He said he took Sheriff Struthers
| Undersheriff Hardy and Marshal Wal
lis out to the places where he and hi
brothers had buried the bodies, an'
lupon digging there had found th'
identical skins and hides that he hat
heIped to bury. He said he was abI
to identify the remains by the colo
of the hair which he found with th'
remains and the bullet hole in on
of the skulls was found.
During the testimony of the wit
ness the personal feeling between tn
attorneys for the defendant and tn
prosecuting attorney ran pretty higl
at times when objections were mad
TO questions and answers. Attorne
| Greer for the defense accused undet
sheriff Hardy who was sitting .facln
the witness, of directing the answer
of the witness by waving MS pehcI
land nodding his head Undersherii
HARDY resented this and told Tn
Judge ii was an Infamous lie where
rnon Attorney Greer reciprocated !
kind. and as the two men had SUD
denly gotten pretty close togethe
Sberif Struthers sprang to his fec
and stepped between the two men
Marshal Wallis and S"erin Strt
theirs were called on the stand to te'
tifv and told of going to the ranc
Of Mr.. Kinney some time ago to II
vestIgate a complaint made by ce
tain cattle men that cattle were D'
inp stolen and shot by the Kinney
Tbev aid they went to the ranch an
after following the instructions
calvin Kinney dug in several place
abont the ranch and found the r.
mains of cattle which had been ou
led some time. g., -.
Tbev said in every case but oil
they found the remains OF eau
where young Kinney said they WEI
hurried. and judging from the eol'
! of the hair and bullet holes IN u
slruIls found. they answered the de
+ rription Of the cattle alleged to nay
been stolen. t.Las
No testimony was oHereu py lI1 NJ u
! fendants in the case. Judge Bye
e bonnd the defendants over to the dis
, rict court under a bond OF Sl,OOO al
p sheriff Struthers went out with u
defendants to furnish bond. ,
p The defendants in the case so II
o have been only the father and one
J he sons. Luther, the third son WI
- was implicated in the alleged stea
G ing bv the testimony offered Dy I
e brother Calvin, was arrested imme
a iatelv upon the adjournment OF eou
r. on a warrant charging him with u
D same crime for which his fatner al
r brother are being held.