Semi-weekly herald., 1908-10-22

state ana county conven
tions during all of said time. save ant
except he always has and still re
serves the right as a citizen to yot,
against incompetent and dishonest mer
"heh the names of any such appear
upon the ticket of his party.
And affiant further says that he has
read the Durango Democrat of Sun
day morning. the 18th instant. and par
ucularly the article therein contained
attacking Mr.. ]. w. Morgan, the Re
publican nominee for sheriff. and for
and on account of some cattle pur
chased by Wood & Morgan from
Charles s. Nichols. during the sum.
mer OF last year and containing de.
rogatory comments against Mr.. Nor.
gan in said premises, and said article
including also the affidavit OF Charles
3. Nichols And affiant says that OF
his own knowledge the said ]. w. Nor.
gan did not see the said cattle or
Know what brand was thereon at the
time the said cattle were purchased
by the said firm of Wood & Morgan.
ihat he was personally present I'm the
Office OF Wood a Morgan on Main
street In Durango, Colo, on the 29th
day of August, 1907, when tho said J.
w. Morgan came into said office and
In the presence of affiant and Others
then present told his partner. Chas
f. Wood. that he had to go out to the
neighborhood OF the Champion mine
Tor the purpose of seeing some cattle
whom a fellow by the name of Mich
OILS desired to sell to them, and that
Mr.. Wood explained to Mr.. Morgan
that 1t would be impossible for him
TO go out as he had to leave for Den.
yer on that morning, and II would
be impossible for him to leave the
office that day as he was the only
one left In Durango who understood
the books in the office, and that while
the said matter was being discussed
Doc Hawley and one Arthur e. Serb.
per, both of said persons being then
and there In the employ of the said
wood Morgan, came into the office
OF the firm, whereupon, Mr.. Wood sug-
gested that Mr.. Hawley and MIR. Serb
ner be sent TO examine the cattle and
see whether they were worth the price
asked for them, and accordingly Mr..
Morgan wrote bill of sale for the
said cattle, and left the brand of the
said cattle blank to be filed In when
the said parties went to the said cat.
tie and ascertained what brand. II
any, they bore, and the said Scribner
was then and there instructed that
Nichols wanted $3.50 a head for his
nine head of cattle, and Mr.. Scribner
was instructed to buy the same at
the said parties left The saiu ofdcet
to go where the said cattle were, out
near the said Champion mine, and
Mr. Wood and affiant very shortly
left on the eastern train, afflant go
ing to Ignacio, and the said Wood to
Denver. leaving Mr.. Morgan In charge
Of the main office in Durango.
And affiant further says that he has
been engaged In the stock business
and the buying and selling of cattle
during almost all the time he has lived
In La Plata and Montezuma coun-
ties, and knows the price and value Of
cattle. and that while he did not see
the said nine head of cattle which Az
he understands were purchased by the
said Wood & Morgan through their
employe, Mr.. Scribner on the 29tb
day of August. but that he understands
that one of the same was a yearling
steer and that two or three thereof
we're 2-year-old heifers. and that the
OF said bunch being about
five head were 3-year-old heifers and
dry cows. And affiant says that at
said time an ordinary steer of one
year of age would not be worth In the
markets of the county over s1S or $40,
and that 2.year-old heifers were worth
from $18 to 500. and that dry cows and
3-year-old heiferE were worth not to
exceed $25; It being understood that
these prices apply to ordinary cattle
in ordinary condition of flesh Mt said
season of the year, and that s22.5O
per head was fair price for the said
nine head OF cattle OF said different
kinds, and affiant says that nine head
OF cattle Of the kind above mentioned
would not be worth nor sell in the
markets of the county at said time for
$50 per head.
And affiant further says that he has
known the said Charles s. Nichols
for many years and is well acquainted
with his general reputation, and is well
acquainted with the people living
along the La Plata river and in La
Plata county, Colorado, and in San
Juan county, New Mexico, being In
the neighborhood where the said
Charles s. Nichols has long lived and
resided, and that said Nichols is
known and generally reputed to be
known cattle thief, and known as
such for the last three or four years
amongst the people generally living
along the said La Plata river, and es-
pecially amongst the cattlemen who
run their herds in said section OF
the county.
And affiant further says that 1t is
the veriest bosh and untruth to say
that the family of the said Charles
s. Nichols can In any way blame Mr
Morgan as being "the author of her
| sons ruin" as long before the time
he sold the said cattle to the said
firm OF Wood & Morgan he was known
as cattle rustler and cattle thiei
amongst the people in the ncighbor
hood where his said family resides.