The Glenwood post., 1921-02-26
HOPKINS STOCK CASE
TO Be REoPENED

The Denver Record-Stockman, in its
issue of February %, prints the follow
ing story concerning case of more
than usual interest to the stockmen OF
Colorado, and q case which has been
heard in the District Court of Garfield
County:
The state stock inspection board, at
the regular monthly meeting yesterday
instructed Attorney ]. W. Kelley and
Ex-Judge Garrigues of the supreme
court to look after the interests of the
board before the supreme court i'll the
matter of the State VS.. Hopkins Bro
summer by the supreme court in favor
of the stockmen and against Hopkins,
hut recently the supreme court reopen
ed the case for rehearing.
About two years ago Dr. G. W. Hop
kins of Glenwood Springs and his bro
Their, J. W. Hopkins, a farmer near
there, were arrested on the charge OF
killing some unknown cattle. There
was hardly stockman in that section
who did not imagine that some Of his
cattle had been killed. The case was
tried before Judge Shumate, and only
the evidence of the state was put in.
The stock inspection board claimed
that the Hopkins brothers had wrong
fully made away with two animals and
had destroyed their hides by burning.
There was evidence to support this
contention. a.
Judge Shumate took the case out Of
the hands of the Jury, discharged Hop
lins on the ground that the state had
failed to prove that anyone had lost
any cattle, and that unless the board
could prove ownership of the cattle
that were killed, there was no case.
| The stock inspection board employed
Mr.. Kelley to carry the case up to the
supreme court, and word came from all
over the western slope that the stock
men in that locality were very much
stirred over the Lewiston of Judge Shu-
mate. The supreme court reversed
Judge Shumate, who asked to have the
case considered again. This was an
unusual action. Ordinarily the deci-
sion of the supreme court is considered
final. The court, however, maintained
its former decision.
A few days ago it was rumored that
supreme court was back in the clerk 5
office and that a majority of the court
had agreed to give the case rehear-
ing. a number of stockmen appeared
before the stock inspection board yes
terday and asked the board to prevent
any such radical action. After eOnsid-
cradle discussion, the board asked Mr..
Kelley to retain Judge Garrigues to
assist him in presenting the case again.
Just what is actuating Judge Shu-
mate in asking that the case he re-
heard is keeping ali the stockmen
guessing. In any event, now that the
matter has been ordered back, the
board will make as strong fight on
| it as possible.
This is regarded as one of the most
important rulings by the supreme
court of the state. The court has prac-
tically held that it is not necessary for
stockmen to prove ownership of any
cattle suspected to have been slaugh'
tered, but is the duty of the person
suspected of slaughtering them to
prove that the cattle are his, or it is
assumed that a crime has been com
mitted. !
There is no such thing as ownerless
animals in this state. There Is law
on the statute books which gives 70
the possession Of the stock inspection
board all estray or unknown animals.
If Judge Shumate's decision should
hold, any person could slaughter all
the animals they desired and by de
stroying evidence of the ownership or
individuality of the cattle they could
M scOt free