Williams news., 1911-12-02
Statement by Minar Owens
 ADVERTISEMENT
Willia ms. Ariz.. Nov. 21. 1911.

Villa ms, ArlZ.. NOV. Zl, 1Sll.
 To whom it may concern: I. Minar Ovens, the under signed, desire to state that during the month of November, 1909.
 while was absent from my home at Owens Dam in Coconino coun
 ty, which is situated about forty
 miles north of Seligman in an un
 settled country used only for stock
 raising purposes, the live stock in
 spector, Mir. 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 the
 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 stock sanitary laws of this Territory.
 at once commenced proceed ings in replevin against Holden to
 recover my property and obtained judgment for the same in the jus
 ,ice court. from which judgment Holden. as defendant. appealed to
 the district, over which Judge E. M. Doe later presided. and the case came to trial before him, as such judge.
 Upon the trial, I offered to prove my cattle, and to identify the same
 by certain marks which I had per sonally put upon the cattle, which same I could have done. These
 marks. were of course my recorded
 brand.and my ear mark, which no one but myself used, and which,
 therefore, I personally knew that I
 had put upon those cattle. When I offered to prove these
 things, MT. E s Clark, as the at
 torney for Mir. Holden, made ob jection to such proof. and it was
 then stated by MT. X N Sleeves, my attorney, that this proof was
 not offered in any way as proof of ownership of these cattle. but simply as identifying marks by
 which I knew my cattle. These cattle were all range animals, and such marks and brands were the only way by which I could possi- ply identify them.
 Judge Doe sustained the objection made by MT. Clark, and thereby deprived me of all means of 'denti- flying my animals, and as result of such ruling. I lost all these cattle. Upon this trial the following questiors and answers were made: Q. Was there any particular mark on these animals by which you could tell they were mark was on them. ,
 Upon objection to this testimony, Judg~ Doe sustained the objection after it having been distinctly stated that the only purpose of this testimony was to identify the ani- mals. and not in any way to prove ownership thereof by means ofsuch brands or ear marks. The court remarking in sustaining such ob jection that If you are offering it as proof of the identity of his cat tie the objection should be sus tained Whereupon, the following was asked:
 Q. How did you identify these cattle? A. By my brand and mark.
 stricken.
 Whereupon the following was asked:
 Q. Mir. Owens, were there any marks on these animals by which you could identify them? A. Yes, sir.
 Q. What were these marks7 A. Well, there is an ear mark on them, and a brand on them7 Q. Who put them on? Upon objection to this question, Judge Doe sustained the ob- jection.
 cattle by which you identified them? Upon ob- lection to this question, Judge Doe sustained
 Q. What was the cut of the ears that you put upon these cattle by which you identified them? Upon objection Judge Doe sustained the ob- 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,, | the objection to this question. Q Is your mark and brand @ recorded mark and brandf Upon objection. Judge Doe sus- tained this objection.
 Whereupon, Judge Doe gave to the jury the following instructions:
 "Gentlemen of the jury:-By reason of the failure on the part of the plaintiff. you are instructed to find for the defendant. Without retiring you will select a 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- sonally had put upon them, al though such marks happened to be my recorded brand and ear marks, [ L