Putnam patriot., 1916-09-22

purpose was In taking these animals. You see the folly of iit. You can see what 1t is costing you. It Is lembaras- sing for your counsel, who did all he could for you, and your friends. I'll impose a sentence and put you on probation. Win youldo your part?'
 Tracy--"Yes Sir.n
 "I shall expect you to do the best you can, lead correct life and have , no more trouble.
 Shortly after two o'clock. Tuesday | afternoon. in the superior court at Putnam. before Judge Joel II. Reed ana jury. the case of Robert c. smith of East Knlingly vs. Ralph S. Tracy of Putnam, was begun. The action arises over the loss of four foxes valued at SEQ each and Is skunks valued al S each. which dis appeared from the fur farm Of the plaintin and which the plaintiff al- 1 leges were stolen by the defendant some time during the night of De- cember sath. last The pLSintiff claims i treble damages amounting to S465 and has property of the defendant to the amount of Loco under attachment. Defendant was arrested on a crim- inai charge in connection with the case and bound over to the superior court from the town court of ISiliingly and the criminal action is now pend- ing. shortly after the criminal pro- ceeding ill the lower court the present civil action was started.
 The defendants plea Is q general denial
 The first witness was the plaintiff Robert q. smith, who said he has store and is postmaster at East ixlninsly He also has t fur farm and raises foxes. skunks, nlccoons and other animals. Last December he had about seven foxes and twenty~ilse skunks. Four Canadian foxes were kept in house under lock and key and the skunks were in wire en- closure.
 Witness testified that on the mora- ing of December 2lat. lust. he found that a paddock has been pried from the door where the foxes were and that the animals were missing. Eff tcen sl<unks had also disappeared and he found where two of their ground holes had been dug out.
 Blood and hair near the fox house denoted that they had been carried away dead. and a club. newly cut. left near the fox house. showed how the animals had been killed
 Witness followed trail of blood to pair of bars and then reported the matter to the theft detecting society. The next day with James smith and James Moran he went to the barway beside the road and found where an automobile mad stopped in the road. The dripping of oil showed where the auto stood The auto left northward toward Tracy's home.
 He learned from a man that an auto had been heard that night He then went to DanieIson and got a search warrant and with three other men went to the Tracy home in the middle | of the day. Tracy was at his fathers ! home near by and Deprty Sherin 1 Michael Grimshaw read the warrant to Tracy and Inc search began. | Under a chifoniere in the kitchen l fox skin was found rolled up in n
 braided mat It was green and blood | around the head showed that it had
 been clubbed to death. There were no shot marks to be found on the skin. Louis Bastow. one of the. party
 found another fox skin in the cellar way stretched on a board. It had been killed the same way and was Q fresh
 skin.
 "what do you say as to whether they were the skins of the foxes you had in your building" witness was asked
 | HfHShia 7N- fhNs "'tN sfsN ~s*<~f was the answer.
 Witness said he saw Tracy's auto ] in the barn and found blood stains in l 1t. He noticed an iron bar and shovel. that had been recently used. | in a shed on the premises. l In an outbuilding four skunk skins were found hanging in a Ioft in bag.
 c. What do you say as to their being ycursr'
 A. T think they were" i Witness said he could tell they were ranch raised s1unks and not wild ones from their condition The officers took the skins and arrested Tracy.
 Tracy said he got the skunks on Torrey hill.
 l Cross examined witness said he knew the skins were from his animals from the peculiar markings
 orrin R. Austin of Providence was the next witness. He said he was in the drug business in Providence. had l fur farm at North Foster and was