The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1910-01-28
THE CASE.
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Statement of j. H. Hervey, District
AttGs@ey, at the conclusion of the
trial of c. III. Rasmussen, for larceny
of horses, taken at the Office of A. J.
Welter, Justice of the Peace on Janu-
airy 27, 1910.
MIR. HERvEY:
II appears from the testimony of c.
e. Myers, that the horses mentioned
N the complaint in his ase were
among a lot of personal property
which Myers and Rasmussen had a
contract of sale fer, the language OF
which contract of sale, was mention
ed in Myers testimony, and it further
appears that One Hundred Dollars of
Four Hundred Dollars was paid and
a billof-sale put in the Bank to await
the payment of the other three nun
bred.
The only thing constituting a con
tract is the language written at the
bottom of the list signed by Ras-
mussen which is II agree to a X our
Hundred Dollars for all articles in
This list, not covered by contract with
tle exception of one mare" and the
further statement signed by c. C. My
ers: Il agree to give -Four Hundred
Dollars for said articles"
This team with this property be-
longed to defendant, Rasmussen. and
nothing is Shown hat he intended to
sell it for any sum other than the
Four Hundred Dollars. He received
One Hundred Dollars and put up bill
Of ale To await the payment of the
otaer three hundred dollars, and no.
thing was aid about the possession.
Unde that agreement Rasmussen
would be entitled to possession until
the other three hundred was paid and
the biIl-of-sale delivered, unless he
waived that right when he subse-
q~uently delivered the article. In or
der to have waived said right il must
have been expressly indicated that
this team was turned over in pursu-
ance of the contract. 1t seems that
he did not release the team, and with
out considering his own testimony,
that he simply loaned the team to c.
G.. Myers telling him that he turned
Over possession to him. While this
may he sufficient for Myers to main
tain an action of replevin for subse-
quently taking this property. which
he admits, | don't think il is sufficient
to constitute a criminal offense and
therefore don't ask the Court to re-
quire hin to answer the Grand Jury.
Roswell. New Mexico,
Jan.27th. 1910.
To Roswell Daily Record
About January 10th, | sole to C. c.
Myers, son of NJ. p. Myers, of Perry,
Mo-, the following articles which were
not included in LAND and cattle sale
made on Dec. 2Sth:
Two horses valued $175.OO
20 tons of hay velued at IS
per ton, . . -. $l60.Oo
Wagon s35. Buggy $50, !. $500
TOTAL, $1,000 90
Bill of Sale and contract being left
with First National Bank until bal
ance due was paid. to be turned over
TO them on cash payment of $4,000
wnich has not been paid to this date,
January eth, 1910. Balance to be
paid on or before the 18th day %
January, or at the time they came up
to contract on Ranch and cattle sale.
which was to be closed by January
10th, 1910.
| came to town January goth very
sick with La Grippe and old c. c..
Myers and his mother that | was GO
ing up to st. Mary's hospital for treat
ment. getting a prescription from DR..
Bradley before going up and request
ing him to call on me at least twice
a day until I should tell him to dis
continue his calls Before going up to
the hospital | drove to where c. C.
Myers and his mother was rooning
and told hen they might use my team
and buggy to drive out to the ranch
on Friday, January goth, which would
save them the price of livery outfit.
nc 7 didn't awna1@ - -yor$ a. ~A-