The producers news., 1927-07-01

al complaint over which this action
has been brought? Do you know
where it is? A. Yes.
+ Q. Where is it? A. Out in the
pasture out there; it was this morn
ing.
Q. In your possession? A, Yes,
sir.
@. And how long have you had
it in your possession? A. Oh, week
or ten days, something like that.
Q. Do you know where-Where
did you take up this horse?
MIR. BABCOCK: Just a moment.
That is objected to as assuming a
state of facts not in evidence; no
evidence that the horse was picked
up at all.
THE COURT: Sustained.
@. Where had this horse been pri-
or to a week or ten days ago? A.
Out on the range.
MR.. BABCOCK: That is objected
to as calling for conclusion of the
witness. No testimony here that this
witness knows where the horse was a
week or ten days ago. Let's get down
and try this lawsuit and try it like
we ought to and not waste lot of
time with stuff that don't amount to
anything. If this witness knows
where the horse was a week or ten
| days ago, find out first and then ask
him.
Q. Do you know where this horse
, was week or ten days ago?
THE COURT: @. Was this horse
Z in your possession a week or ten days
, ago? A. Yes, sir.
/ Q. 1t was? A. Yes.
Q. When did you first get this
: horse? 1 am talking recently? A
! 1 couldn't tell for sure. 1t was some.
: where's around that time.
/ Q. Do you know where it was two
4 weeks ago? A. No.
THE COURT: Go ahead.
MR.. ERICKSON: Q. When die
j. you put this horse in the pasture?
MIR. BABCOCK: Just a moment
? That is objected to as assuming {
state of facts not in evidence. NJ
i evidence here before the court tha
. the horse was put in any pasture.
THE COURT: He mentioned pas
S ture'
t MR.. ERICKSON: He says it is il
the pasture now.
u MR.. BABCOCK: Well, there ism
any evidence this man put it in tn
d pasture. l don't know, maybe l pu
it in the pasture. Maybe the Clerl
of this court put it in there.
THE COURT; There is no recor,
of that.
:. Q. Who put this horse in the pas
t ture? A. l did.
o MR.. BABCOCK: If you know.
S THE COURT: He says he did.
:. Q. And where was the horse prio
) to the time you put it in the pasture
MR.. BABCOCK; Just a momen
That is objected to on the ground tn
1 witness hasn't shown himself quail
fled to answer. A. In Hank Tin
t. merman's pasture.
MIR. BABCOCK: Just a momen
IS There is an objection pending.
THE COURT: Let it stand.
IS @. Did you see the horse in tn
v, Zimmerman pasture? A. Yes.
,r Q. Do you know how long it ha
l been in that pasture? A. No,
,e don't.
@. Well, who was with you if an
body, at the time you saw it in Tin
Sc merman's pasture? A. Nobody wit
me then.
E. Q. And this was about a week
ten days ago? A. Something lii
is that; can't say for sure because
st never kept no track of it.
@. What, if anything, did you
We with the horse at that time? A. p
It it in the pasture-took it up and p1
Of it in the pasture with the rest
my horses.
n Q. Took it out of the Timmerms
rd pasture first? A. Yes.
r. @. And was there any 9TH
lis horses with this horse at the time
A. The mare was with it.
es O. And whose mare was this,
you know? A. Mine.
IT. Q. Did this mare have any brand
Q. And what brand was on tn
ed mare? A. Us on the right shoulde
@. Are you the owner of al
10, brand? A. No.
IS. Q. Well, do you place a brand
on your horses? A. l don't put
ar brands on my horses.
Q. You say you were the own
-? of this mare? A. Yes.
OF Q. And how long had you know
n this mare? A. A year.
an Q. And who did you get the ma
r. from? A. Bob Robke.
ay Q. When was the last time v
OF saw this horse before you saw it
ay Timmermans pasture? A year al
il, last spring.
ne Q. And where was the horse the1
M A. had it in the pasture at us
III to have them in that Henry's pastu
o. out there. | got out of there.
n, Q. And how old was the horse
nd that time?
ur MR.. BABCOCK: Just a momel
TO If the Court please, objected to
or the ground the witness hasn't shoy
It's himself competent to testify.
is Q. Do you know how old tn
or horse was at that time? A. Abe
a yearling.
III MIR. BABCOCK: Move to strike t
answer as not responsive to the qu,
tiol.
'se THE COURT: What horse are '
ses referring t.?
MR.. ERICKSON: The one menti-
nd ed in the complaint. You should ha
lp- answered that question Yes Oh No,
you know how old that horse was.
A. Yes.
'he @. And how old was the morse?
a Mr.. Babcock: Objected to on /
In