The Idaho recorder. [volume] (Salmon City, Idaho) 1886-1927, 1907-12-05
JURY fAILFD TO AdR[E !
Jury in the Branding With In.
tent to Steal Case Stood
Three TO Three.


Mckinney and BENEDICT These gen
tlemen werc charged with the offense
OF "Brandine with the Intent u
steal" s. a. Ball was the COM
planning witness
IL was a Jury trial, the following
Jurors were accepted by both sides
Hudlow, Dysert. Fulton, Spooner.
Thos- Stroud and " III. Andrews
After being out two hours the lnry |
could not agree upon verdict, there /
being three for conviction and three /
fur acquittal. County Attorney |
Cowen prosecuted the case and j. III.
padgham for the defense.
The irst witness for the defense
was ). A. Ball. who swore that the
defendants had branded two calves In
| addition TO four cows With their
brand. 1t was shown In the evidence
OF the various witnesses that the
brand OF the defendants was shaped
like hash knife.
The next witness on the stand was
Ernest Rail. son OF the complaining
witness, testified that lac had con-
versation with one of the defendants
who admitted that two Of the Bali
cows may have been branded with
their brand, but II 50 1t vas through b
a mistake.
John A. Hudkius stated In bis
sestimoy that he done considerable Of
the branding. but in his evidencs
stated that Defendant Mckinne,
, told the empioye who came aitel
Hudkins tn do this work that thu
reason he was wanted to do the wor.
was because he, Hudkins. was nc
: auainted with the most Of the dIfer
ent brands.
Henry Greber testified that b.
found one of his cattle with the hash
: knife brand upon IL. He stated tha
: he found his animal In the field Wit
the other cattle a the defendants.
George Geertson testified that h
= found two head OF his cattle with tn
!" hashknife brand upon them, while
= from the nature OF the sore he vi
= sure had been placed there about II
time charged by the other wiInesse
Witness stated that he found one I
- his cattle In the Brown field wit
other cattle OF the defendants.
y f. s. Edwards testified that OF
of his cattle had been branded by Il
defendants but stated In his test
:" mony that such mistakes were som
" times made when branding catt
" but not often.
y Robert Stocker stated that
's found one OF his animals with q
y, herd CT the defendant In the II
~ Hole country. The line OF eyiden
=. was here objected to by the deien'
but al the request Of the defenda
"1 the evidence was admitted. y
Stocker stated that he agreed wi
W defendant Mckinney that he sell [
oh animal with his herd. and turn I
% money ever TO the witness.
-. Wallace .Slavin stated In bis e
'h dence that he found one Of his ste
ny with the hashknife brand upon
M ne which was placed close TO Wells
MS fined brand OF I'D. $" Stated Il
ho he was Informed by Mr. 6reber q
'eo his animal was with cattle OF
W fendant,
on- This cl-sed the evidence Of
prosecution.
When the witnesses for defe
were placed on the stand II was pl
.ne 10 he seen that II was to show I
iis- acts OF the defendant was not Int
I'D tiouai, admitting that they 4
Tue have been cattle branded which
'eie not belong to the defendants.
ss The first witness on the stand
ano Defendant Mckinney. The viii
eCs- stated that they received Ia
number of cattle from Challis,
ieet bought the cattle Of Floyd Bro
anu and also received bunch Of ca
res from Prairie Basin. Mckiu
'ea' stated that he had given his emp
'ees ees instructions TO he careful
'eh' not tn brand any strays. lie
stated that before tie branding
pre- far as be could, he cut out The st
'lis from his herd. lie said that
que done a very little Of the branding
ol that Defendant Benedict done
u Oh at all. Testified that be had not
ll'"' George Geertsou by letter ihs
'ohle COW and calf Of his ~as In the
'ein- OF the defendant. which had
> ps branded by mistake
WI" There we're some dozen witn'
tne for the defense, Sbo corrobor
IS Oh the testimony of the defendant
.hefs most OF the particulars The
the evidently hung on the question
the matter Of intent and for
4 10 reason failed to agree. The co
two attorney was called out OF town
: To- several weeks, and no doubt an'
an hearing will be held.
{ as -
y are The Recorder Is ehock full OF
con- every week.