The Grangeville globe. [volume] (Grangeville, Idaho) 1907-1922, 1918-09-19
Arthur McSpadden, Charged
With Stealing Steer, Dis
charged by Court.
Use MANY WITNESSES
McNamee Employed to Prose-
cute, Griffith Claiming Evi
dence Insufficient.

large number of Salmon river citi-
zens were in the city this week being
called here on the case of the State va
Arthur McSpadden, that was heard In
the probate court on Wednesday. Mr..
McSpadden was charged by John
Hockenson, o. FL. Evans and II. /.
Remington, with stealing a steer from
the latter.
After hearing the evidence of some
fourteen witnesses the court immed-
lately discharged the defendant upon
the ground that the evidence was in
sufficient to hold him to the district
court.
The complainants secured the ser
vices of Attorney Clay McNamee to
prosecute the defendant, who was rep
resented by A. s. Hardy.
In going over the case at the prose-
cutting attorneys Office we find that on
August s, 1918, John Hockenson, o. FL.
Evans and e. I. Remington went to
the office of Attorney r. NJ Griffith
and represented that E. l. Remington
had two-year-old steer stolen from
him by Arthur McSpadden, and on the
representations of these men and what
they would swear to, a warrant was
issued for the arrest of McSpadden on
the same day, Remington being the
complaining witness.
The prosecuting attorney thought it
advisable to investigate the matter
further, had the case set considerably
ahead in order to give sufficient time
to make Investigations. In the mean
time various reports were circulated
and accusations were made back and
So l. ..N1 h. x.r4t i
clared that the ear-marks on the ami
NAL had been changed within the last
thirty days at that time. This fact was
disputed by Arthur Napean. who
claimed to be the owner of said ami
NAL, and that the ear marks had not
been changed since put on by himself
when the animal was calf.
In view of these conflicting reports,
the prosecuting attorney had the ami
NAL brought to Grangeville from the
Salmon river country and placed I'm
pasture near Grangeville. About
three weeks ago he and the sheriff and
some other men, among whom were Ne
pean. Ed Ficke, Homer McCulloch,
Alva Rhett, Fred Mckinney and Mack
ey Williams, went to the pasture and
had the animal roped and tied, and q
Thorough examination was made of the
various brands 1t was the general
opinion of all present that the ear.
marks were not of recent origin, most
of them claiming that they had not
been put on within the last six months,
and some Of them claiming that they
had not been changed since first put
ON. In view of this condition the prose.
cutting attorney concluded that there
was such conflict in the evidence that
there would be no chance to secure q
conviction and desired to dismiss the
ease without incurring any further ex-
pense to the county. The prosecuting
witness and Mr.. Hockcnson and Evans
objected and persons over the county
were told that the county attorney was
prejudiced. insisting that the prosecu-
tion go ahead and asked to be permit
ed to employ other counsel which was
not refused and the preliminary exam
ination was held yesterday to deter
mine the facts in the case, Clay Nc
Nance. of Lewiston, being employed.
There We're about twenty-six witnesses
in the ease. but all not drawing fees.
number of witnesses were sworn on
both sides. the facts developing be-
yond any question that the ear-marks
had not been changed. and that 1t was
simply question of ownership of the
animal. the weight of the testimony
being in favor of Napean as the own
or of the steer.