Semi-weekly herald., 1908-10-22
subscribed and sworn to before me
'nis ls'h day of October, A. d. 1908.
JOHN NJ. MEUsER,
Clerk District Court.
AFEIpAvIr oE scaIah.a

I Clerk District Court.
AFFIDAVIT OF scRtBNER.
State of Colorado,
County Of La Plata, SIS:
Comes now Arthur E. Scribner. who
being first duly sworn on his oath de-
poses and says:
That he is over the age OF twenty
one years and is now and for more
than one year last past has been I'm
the employ of Wood & Morgan. ms
their butcher butchering cattle for the
SAID hrm for the Silverton and Du.
range trade, the said firm having large
contracts to furnish beef at each OF
soid points, and that on the 10Th day
OF August. 1907, he was present In
the Office of Wood &. Morgan in Du.
range, Colo, when Mr.. John w. Nor.
gan, one OF the members of said firm.
was about to go out to see some nine
mead OF cattle which were being held
In the neishborhood of the Champion
mlne by Charles S. Nichols. who lived
on the La Plata river In New Mexico,
and see whether the same were of the
value OF S22.50 head. the price asked
by the said Nichols therefor, and that
in the presence of affiant the said
Charles +. Wood, the other member of
said firm Informed Mr.. Morgan that
he had to leave for Denver that day
with Mr.. Harry Pearson, the book
Keeper OF said firm, and that he could,
therefore, not go out and see said cat.
lie, but should send Doc Hawley to.
gether with afflant to see about said
cattle, and that accordingly Mr.. Nor.
gan drew bill of sale for said cattle
and left the brand of the same blank
to be filled In by affiant and Hawley
If they found the cattle were worth
as much as the said Nichols asked, or
II they were able to buy them at
price they regarded as being a proper
price and gave the same to afflant and
afhant went out with the said Doc
and examined said cattle and
bought the same from the said Nichols
for the sum OF s22.5o per head "all
around" And that there was nine
head In all and that one thereof was
a yearling steer worth about SIS In the
market at that time and that three |
thereof were 2-year-old helfers and
worth from S1S to 500 per head and |
hat the remainder thereof were 2 |
heifers and dry COWS and
were worth in the markets at said
time about $25 per head and that
s2250 was the full and fair market |
value for all of said animals at that |
line.
and stoeR a1fnt 6asihesssh ifshsf ana hs has
Of such class of cattle at said time,
and that the same was not worth $50
per head-nor more than the sum OF
s22.5O, which affiant for the said Wood
& Morgan agreed to pay the said Mich
Dls for the said nine head Of cattle
and the said Nichols then and there
signed and delivered to the said Doc
Hawley for said firm a bill Of sale for
all OF said cattle on the said 29th day
)f August, A. d. 1907.
And affiant further says that the
purchase OF said cattle were bought
BY affiant for said firm in broad day
Eight on the south end OF Smelter
and after the purchase thereof was
iriven by the said Hawley ard affi-
ant to the yards of the said Wood &
in Ridges Basin and there
placed in the pens and subject to in
spection by whoever came to said
point, and the following day three OF
said animals were slaughtered and the
hides thereof were hung up In an
open and public place where they
could be inspected by whoever should
desire to do so, and the remainder OF
the said cattle purchased OF the said
Nichols were butchered from time to
time as occasion required, and during
the time when they were first brought
to the said premises Of Wood & Nor
gan and at the time they were butch
cred, run in the open fields and pas
lures Of said firm at said point which
are freely visited from time TO time
by different stockmep and others who
desire to enter the gates OF said pas
ture and fields to look for lost or stray
ed stock or for other purposes.
And that said animals were not In
anywise concealed at any time by the
said firm or It's employees or any Sc
cret made of the purchase thereof from
the said Nichols nor the hides thereof
bearing the brand Of R111 on the left
side of each Of said animals in any
wise concealed or kept from public
view.
ARTHUR e sCRIBNBR.
Subscribed and sworn to before me
this 10th day of October. A. d. 1908.
RICHARD McCLOUD.
Notary Public.
My commission expires September
20, 1910.