The Powder River County examiner and the Broadus independent. [volume] (Broadus, Mont.) 1919-1935, 1922-11-10
OAKLAND BOUND OVER
TO DISTRICT COURT

In 6roaQuS ToWnSh1p justice court
before G.. c. Craw.
Gilbert Oakland. residin gon Powder
river. about 10 miles below Broadus,
was charged with felony. the complaint
signed by r. NJ. Netman, who accused
Oakland OF burning ten stack Of grain.
valued at $1,000, on October I. SDe.
fendant's trial was set for November
4. and at o'clock that evening was
continued to Monday morning, occupy
ing all that day. N. A. Burkey ap.
ough and r. A. Blcnkner were coun-
sci for the defense.
Witnesses appearing for the state
were r. n. Neiman, w. d. Shelley, John
Whalen. w. e. Sutter ana f.. b. Ser
ruys. Witnesses for the defense were
Al F. Edwards, A. W. Devoshor. Ed.
Gring, Byrd Edwards. Harry Lunn. Mrs.
Harry Lunn, Gilberta Oakland, Mrs.
Gilbert Oakland and Gilbert Oakland.
Following the trial she decision rem
dered was az follow ws:
"This court n making its decision
bases same on the facts Of this case a.
the testimony has brought out. The
state has ably established tine fact that
he stacks Of grain were burned w.. It
also has established the fact that there
were one set Of tracks leading up 10
the stacks and away f"Onl the stacks.
1t also has established the fact where
the trackse came from and went to,
also the state has establishe.f the fact
that the shoes or Exhibit B made these
tracks when worn BY some human. It
has established the owner of these
shoes. On the other hand the defense
has established the fact that Gilbert
Oakland has the reputation Of being a
peaceful and respected citizen. also
has established the fact that the fleet.
ing sands Of time along the old ford
on Powder river in the vicinity Of the
Neiman- Oakland homesteads when dry
and a human walks on same will leave
an indtstinct footprint on account Of
the caveing in Of some. also that when
very wet will cave in by washing and
when medium wet or damp will leave
an impression that can be identified
for reasonable length Of time.
"The defense has established the
fact that it IL very near impossible to
track set Of human tracks through
ap undergrowth of vegetation. The
defense has established the fact that
the Oakland-Neiman families are not
on friendly terms, tht no social calls
were ever made between the two FAM
lilies. The defense has established the
fact that through - land contest
by Neiman, Gilbert Oakland may have
had cause to be somewhat peeved at
the Neimans. even though he has won
the decision to the land. The defense
has established the facV that Gilbert
Oakl and is a sick man and cannot do
ny lboriOus work on ccount of this
sickness. The defense has not estab-
lished the fact that 1t did not rain on
the evening of October on the Nei-
man property. The defense has estab-
lished the fact that the shoes, Exhibit
b, are the property Of Gilbert Oak
land.
"The counsel of the aefense was al.
lowed free rein by this court to cross
question the complaining witness. r.
NJ. Neiman, to his hearts content and
did not shake, tear down, berak up.
in the least manner and in view of
all the facts gathered together in this
case the court findings are that Gil.
bert Oakland is hereby bound over to
await the action Of the district court.
and his bail bonds are fixed at the
sum Of $780,"
Oakland had been charged jointly
with another Oakland whose surname
had been left blank, but on motion of
the county attorney the information
was dismissed against the blank Oak
land.