The producers news., 1927-07-08

|
Q. He called to you? A. Yes.
Q. What did he say to you? A.
He said he wanted me to go along
out and see them horses.
Q. What horses? A. The mare
and colt.
Q. Any other conversation? A.
No.
Q. Well, what did you do when
you showed the brand to Riba? Did
you take him up to the horse and
point to the brand? A. Yes.
@. You didn't say anything? ?
You didn't A. 1 told him it was
his brand was on the colt.
Q. You told him that? A. Yes.
Q. What did he say about that?
A. He admitted it was his brand.
MR.. BABCOCK: Move to strike the
answer as not responsive.
@. Well, the exact words?
MIR. BABCOCK: Just a moment
There is an objection pending and no
ruling on it.
THE COURT: Sustained.
Q. What if anything did Riba say
to you when you said to him it was
his brand on your colt in the pasture
about week or ten days ago? A.
| don't remember what he said.
2. Did he say anything? A. l
don't know; l know l showed him
the brand on the colt.
Q. Did he deny it was his brand {?
| MIR. BABCOCK: Just a moment.
That is objected to as a conclusion
OF the witness. Let him tell what
he said, if he said anything at all
any admission or conjectures or any,
thing of that kind. Have your wit
ness tell what he said if he said any,
thing at all.
MR.. ERICKSON: That is what I
am trying to do.
MR.. BABCOCK: Yes, and you are
trying to bring it out Indirectly too,
and you can't do it.
MR.. ERICKSON: If you wouldn't
object so much you wouldn't rattle
my witness.
MIR. BABCOCK: am not trying to
rattle your witness.
THE COURT: Go ahead and pro-
ceed; l will let it stand.
q. Well, did you ever have anv
other conversation with Riba con-
corning this colt after you had the
conversation with him up in the pas
ture week or ten days ago? A.
No.
Q. Did you ever have a conversa-
tlon with anyone else concerning this
colt before or after this event up in
the pasture week or ten days ago.
IN the presence of the defendant
Riba? A. No, sir.
Y. When you found this mare and
colt IN Timmerman's pasture about a
week or ten days ago, in what con-
dltlon was the mare? A. Crippled.
MIR. BABCOCK: 1 move that the
answer be stricken out as a conclu-
sion of the witness. Let the witness
testify as to the condition and not
the conclusion that she was crippled.
She might be crippled in the head or
she might be crippled in the feet; lust
IND out what shape she was in.
IHE COURT: Oh, let's get down
and try this case.
Q. What part of the bodv was she
crippled? A. One foot.
Y. Was she able to travel?
MR.. BABCOCK: That is Objected
to as a conclusion of the witness: not
statement of fact.
Y. Well, how did you take the
mare and colt out of the pasture? A
Chased her out.
=. Was she able to travel very
fast?
MR.. BABCOCK: That is objected
to as calling for a conclusion of the
witness; no statement of fact.
Q. Well, did the animal travel
very fast when you chased her out ?
{ A. No.
MR.. BABCOCK: That is objected
to as a conclusion. He can state
whether she went two miles an hou1
or our miles or whatever way she
can travel. You can ask him wheth-
er she travelled fast or slow. That
would be conclusion.
, Q. Why wasn't she able to travel
very fast?
MR.. BABCOCK: That is objected
to as calling for a conclusion of the
witness.
THE COURT: Sustained.
Z. Did this mare show any sign:
: of having been worked?
S MR.. BABCOCK: That is a conclu
+ sion, Your Honor.
t THE COURT: Sustained.
MR.. ERICKSON: Well, my good
ness. Here's a fellow been farmins
: in Sheridan County ever since it wa
e organized.
e THE COURT: l know, but tn,
I. horse in question hasn't taken thi
p other horse being in evidence. Yo1
: must get them connected up. If thi
t mare was mother and was travel
ing at the time, you must connect i
MR.. ERICKSON: That is what
have been connecting up-the mothe
and colt. And here's a farmer bee
y a farmer since the county has bee
organized and if a farmer can't teI
= when horse has been worked, no,
= can you expect US attorneys to tell
!. THE COURT: Proceed.
MIR. ERICKSON: l can tell whe
law book has been used but l can
tell when horse has been used O
y not.