Gunnison news-champion., 1916-09-08
DISTRICT COURT IN SESSION
Continued from Page One

IngtOn, deputy district attorney
According 10 the story told by Pettis
At that time, he was admitted accom-
plice to the deed Prior TO January lst
1916. he was in the employ of r. P Van
TuyL In August Of 1915, on or about
the 10th, among herd Of milch COWS
which he had brough, in for his employ
er. was a heifer with the brand OF OTIS
Moore on it. Persuaded by Van TuyI,
Pettis alleges that he shot the heifer
with y caliber rifle He states also
that jus, before the killing of the ami
NAL, Mrs Van TUyI asked her husband
not to kill the animal as il was not his
property. Var TuyI then said that
there would be no trouble about it, he
would see TO that The animal having
been quartcred was used on the ranch.
Later that evening. says Pettis. he
was instructed TO take the hide in a
gunnysack. horseback. and hide it,
which he did. In October Of 1915. one
afternoon he met Van Tuyl leaving the
ranch and was told that he was 10
butcher another animal. On going into
the barn. he found a second heifer with
the Ous Moore brand and would not
kill it. When Van Tuyl returned and
found that Pettis had not killed the AMI.
nal he started to kill it himself but only
wounded it behind the ear with a TWEEN
ty-two rifle. He then. says Pettis.
handed the gun to him and said. I've
alt eady shot it, it will die If we put it
out on the range; kill it," Pettis did,
and the second animal was used for fam
lily consumption on the ranch during the
winter. Both Grandrup and Pettis told
much the same story when testifying
Tuesday.
A the time the conference was held
III the office of Attorney Hetherington,
Van Tuyl was in the Red Cross hospital
in Salida undergoing an operation.
He was arrested upon his return, and
from that time until the time of the
trial which closed Thursday afternoon,
Pettis living expenses were paid by
the Stock Growers association.
The nature of the defense WAS in the
main that VanTuyl killed his own ami
mails on the dates mentioned as those of
the butchering of Otis Moore's stock by
Pettis and VanTuyl. VanTuyI alleges a
conspiracy between Ganirup and Pet
It's against him to get money. Accord.
ing to his testimony he knew nothing of
the hole nor the hide in question Both
VanTuyl and his wife. OF the witness
stand. declared that the heifers killed
on the dates, August 18th and October
18th, 1915. were three year olds belong.
ing to VanTuyl, who owns about $50
head of cattle. They state further
more, that the only discussion between
them concerning the killing on the after
noon Of August l2, was as to whether
it would be advisable TO kill a heifer or
steer, and decided on the heifer, as
the steer was needed to fill out car of
steers to be shipped east: they deny
absolutely discussing anything concern
ing the ownership of the animal.
The testimony Of Gandrup and Pet
tis, as a whole, was consistent with for
mer testimony, and both denied expect
ing money reward for sending in the
conviction of VanTuy.
Otis Moore testified that the hide was
his. but that he did not see the brand
when the hide was taken from its hiding
place in the hay, as it was frozen and
had to be thawed and stretched before
the brand could be seen on the hide. |
The first he heard of it. he said. was
when Gandrup and Pettis met him on
the oath of January and took him with
the others and Sheriff Pat Hanlon to
the VanTuyl ranch and showed them the.
hide. During the cross examination it
was discovered that he and VanTuyl
were not on especially friendly terms as
they had been at some trouble in deter
mining water rights. The testimony Of
T. w. Gray. Chss. Mergelman and Pay
ton Spann was in substance much the
same as that of Moore; all three recog-
nized the hide.
A motion for dismissal of the case
was made by the defense and was over
ruled and witnesses were brought for
ward. VanTuyl told straight. consis-
tent story, as did Mrs VanTuyl; his
only expression of unusual emotion was
manifested when the prosecuting attor-
ney and associates examined his time
book which held the record of his cattle
transactions for the year 1915. One
page in the book records the butchering
of two heifers marked with the seven
cross brand of vanTuyl, on the afore-
mentioned dates. Both Mr.. and Mrs.
VanTuyl state that the animals were
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