Williams news., 1911-11-25
Statement by Minar Owens
ADVERTISEMENT,
Williams, Ariz., Nov. 21, 1911.


 signed, desire to state that during the month of November, 1909. while I was absent from my home at Owens Dam in Coconino coun ty, which is situa ted about forty miles north of Seligman in an un settled country used only for stock raising purposes, the live stock in spector, MT. T. F. Holdon. saw fit to seize and did seize eleven CID head of my cattle, then running upon the range around my home. mostly all of which were then about one year old, and were branded with my recorded brand and my ear mark, upon which rhe brand taxes were then fully paid. These cattle were seized as being dogies and calves not found run. hing with their mothers, under the, live etock sanitary laws of this Territory.
 I at once commenced proceed ings in replevin against Holden t' recover my property and obtained judgment for the same in the jus tice court, from which judgmen
 Bolden. as defendant, appealed |, the district, over which Judge E. M Doe later presided, and the cas- came to trial before h'm, as sucl judge.
 Upon the trial, offered to prove my cattle, and to identify the sam by certain marks which I had per sonally put upon the cattle, whici same 1 could have done. Thes, marks were of course my recorded brand and my ear mark, which nc one but myself used, and which therefore, I personally knew that l had put upon those. cattle. When 1 offered to prove these things, MT. E s Clark, as the at torney for Mir. Holden, made ob jpction to such proof, and it was then stated by MT. X N Sleeves, my attorney, that this proof wa hot offered in any way as proof oi ownership of these cattle. bu simply as identifying marks by which knew my cattle These cattle were all range animals, anc such marks and brands were the only way by which I could possi bly, identify them.
 Judge Doe sustained the objection made by MT. Clark, and thereby deprived me of all means of identi flying my animals, and as result of such ruling. lost all these cattle ! Upon this trial the following Iquestions and answers were made: | animals by which you could tell they were yours? A. My brand vas on them and my ear | mark was on them.
 Upon objection to this testimony, Judgo Doe sustained the objection after it having been distinctly stated that the only purpose of this testimony was to identify the ami mals. and not in any way to prov. ownership thereof by means of such brands or ear marks. The cour remarking in sustaining such ob jection that If you are offering i as proof of the identity of his cat tie the objection should be sus- Itained"
 Whereupon, the following was asked:
 | Q. How did you identify these cattle? A | By my brand and mark.
 | By. the Court: The answer of the witness is | stricken.
 Whereupon the following was asked:
 | Q. MT. Owens, were there any marks on these animals by which you could identify themi | A. Yes, sir.
 | Q. What were these marks? A. We'll, there is an ear mark on them, and a brand on themi l Q. Who put them on? Upon objection t, | this question, Judge Doe sustained the ob | 0. What was the mark you made on these cattle by which you identified them? Upon ob lection to this question, Judge Doe sustained l Q. What was the cut of the ears that you put l upon these cattle by which you identified themi , jection to this question.
 Q. Was the same mark upon these animals | in the possession of this defendant at Williams which you had previously put upon these ani- 1 mals? Upon objection, Judge Doe sustained the objection to this question. Is your mark and brand a recorded mark | and brand? Upon objection, Judge Doe sus. tained this objection.
 Whereupon, Judge Doe gave tc the jury the following instruct'ons
 Gentlemen of the jury:-Bv reason of the failure on the part of the plaintiff, you are instructed to find for the defendant. Without retiring you will select foreman from among your number and have him sign the verdict which may be presented to you. Cause it to be signed by your foreman" It was so signed and the case ended. | By reason of the refusal of Judge Doe to permit me to identify my stock by these marks which I per | sonallv had nut unOn them al