The Kadoka press and Kadoka reporter. [volume] (Kadoka, S.D.) 1910-1923, 1911-11-17
PHILO STEPHENS
TURNED LOOSE

the news reached here that the jury
in the grand larceny case against
Philo Stephens had returned verdict
of not guilty and turned Stephens
loose.
A strong case was built up against
Stephens and the evidence produced
will be shown by the following article
taken from the Stock Growers News,
at Fort Pieere:
Circuit Court re-convened in this
city. yesterday, with judge McGee,
of Rapid City. on the bench. The
first case called was the grand larceny
case wherein Philo Stephens is de-
fendant. Despite the supposition that
considerable time would be consumed
in the selection of jury, this feature
of the case consumed less than half q
day. The jury consists of the follow
ing men: Martin Eggen, @. M. Sages-
er, w. l.. Church, II. p. Miner, w.
H. Blowers, w. r, Hopkins, J. c.
McQuestion, Oscar Norby, Charles
Skinner, Harry Little, II. A, Bloom
aud Otto Hurkfeldt.
After the summing up of the case
by the attorneys, j. II. Johnson, for
the state, and Bangs, of Rapid City,
for the defense, the state commenced
its case by summoning Francis p.
Ryan, formerly of Midland, from
whom the horses In question were
stolen. He testified to the fact that
on or about Sept. II, 1908, two horses
which he had been keeping at the
homestead of his sister, south of Mid
land, were stolen. He described the
location of the lot from which the
horses were taken, told of ho,g JlC
wires had been cut, and that on the
evening of the theft Philo Stevens
and Clifford Wyman, the latter serv-
ing term in the pen for larceny, had
called for mail at the postoflice in
Midland, where Ryan was clerk.
Anna Ryan, sister of Francis, tes-
titled that Wyman and Philo had call
ed at the house in the afternoon and
ss,,ed for drink Of Cater. and that
evening the horses were stolen.
Clifford Wyman, who plead gull
ty for completely in the larceny of the
above horses, testified that he had
been staying at the Philo Stephens
home previous TO the time the horses
were stolen, and chat he and Philo
rode into Midland, the day of the
theft, stopped at the Ryan place and
asked for a drink. After spending
the day in Midland they rode back to
Ryan's, cut the wires of the lot in
which the horses were kept, and stole
the two mares and colt. The next
morning he took one of the horses
and went to the bad lands, where he
reached the name and tail of the an
imal, which he says he had been in
structed to do by Philo.
George Huston, former sheriff, tes-
titled that Wayman had told him the
story at the time of his arrest.
Linder, of Midland, testified that
both Stephens and Wyman, had
eaten supper at his restaurant the
evening the horses were stolen.
Mr.. Resigue, formerly constable at
Interior, testified to having attempt
ed to arrest Philo, but had been pre-
vented from doing so by the father
and brother of the prisoner.
Messrs. Vice and Dithmer, of Ka-
doka, testified to having arrested
Stephens at that town, and that he
had broken Jail.
ATTY. Johnson is entitled to much
credit for the manner in which he is
handling this case, and there is little
doubt what Philo will be convicted,
as the evidence against him is quite
conclusive.
The defense opened their case by
calling Philo to the stand. He swore
that he had not stopped at the Ryan
place for drink the day of the theft,
! that he had not eaten supper at the
Linder restaurant, and that he had
had quarrel with Wyman on the
road home, and that he had taken the
latter's horse and proceeded alone,
attempting to leave the impressions
that Wyman had committed the theft
after the quarrel. He denies practi-
cally every allegation brought out by
the state, which is but natural. He
is on the stand as we go to press"
Philo was assessed fine of $50 fol
breaking jail at Kadoka, and his ia
ther, w. D. Stephens and brother, r
O. Stephens, were each given fine
of S25 for interfering with an officer
who attempted to arrest Philo last
sDrinp