The producers news., 1927-07-01
was examined and testified as fol
lows, to-wit:
DIRECT EXAMINATION
RY MR. ERICKSON.

1CS3 SlL.
@. Where do you live? A. live
in Plentywood-did live in Plenty
wood; live out there on the Pete
on the old place out north there work.
ing for Mckee.
Q. How long have you lived in
Sheridan County? A. Ever since
the county started; come here in
1910.
Q. You are the Carl johnson who
preferred this criminal complaint? A.
Yes,sir.
Q. How long have you known A.
Riba? A. Since 1910.
@. Did you have some horses? A.
Yes, sir.
Q, How many head? A. About
1 got ten head.
Q. What do you do with these
horses? A. Keep them in the pas
ture and let them run in the winter
time when l can find them.
Q. You say you let them run in
the winter time? A. Yes.
@. Where have your horses been
running the last few winters? A.
Up north.
Q. North of where? A. North
of town.
Q. How far north? A. Oh, I
couldn't say that; some pretty close
to town here.
Q. Whose land did they generally
run on? A. They have been running
up around the Rawleigh place, up in
there.
Q. In this complaint you charge
the theft of one dark brown horse
about a year old. Now what time
did you have reference to when you
said it was year old? A. 1t was a
year old when l turned it out; some
where's around a year old.
q. How long ago was that? A.
A year ago this spring.
O. That is, in the spring of 1926
A. Yes.
Q. Is there any brand on the sale
horse? A. No-There is CAR
that is all the brand.
Q. What part of the animal is
this brand located on? A. Left
shoulder.
Q. And whose brand is it, if yor
know?
MR.. BABCOCK: That is objected
to as not the best evidence.
THE COURT: Sustained.
z. Do you know whose branC
this is?
MR.. BABCOCK: Just a moment
That is objected to as not the hes
evidence. Brands are supposed t.
be recorded and the recording paper.
are supposed to be the best evidence
MR.. ERICKSON: This can be ans
wered Yes or No.
THE COURT: Answer.
A. could answer for sure but
supposed it is Riba's.
MR.. BABCOCK: Just a moment
You answer that Yes or No.
THE COURT: You answer it Ye
or No.
MR.. BABCOCK: The question wa
do you know whose brand it is. Now
the question can be answered Yes O
No and for the sake of the record,
move that his former answer b
stricken out as far as he supposed.
THE COURT: Strike it out.
Q. Well, don't you know who's
brand that is? A. Yes.
Q. Have you seen this brand be
fore on other animals. A. Yes.
2. How often have you seen thj
brand before? A. l don't know Jus
exactly how often; l seen it often.
q And on how many horses hay
you seen this brand? A. l couldn
tell you that; seen it on a number {
them.
MR.. BABCOCK: 1t is awfulIv wi,
dy, Your Honor, and it is awful han
to hear. Please speak a little loude
L can't hear you on account of tn
wind.
Q. Did you know whose horse
these were you saw this brand on
MIR. BABCOCK: Just a momen
That Is objected to as a conclusic
of the witness.
THE COURT: Overruled. He aske
him if he knew.
=. Answer that question yes or n
Did you know these horses? A. Ye
THE COURT: Speak louder. Yc
got to talk louder so we can he;
you.
Z. And whose horses were they
MR.. BABCOCK: Objected to as n,
the best evidence; calling for the col
clusion of the witness. If this me-
knows he has got to know it by ce
tain evidence; he cannot simply So
ne knows without having some pro,
how ne knows. | want him to s.
how he knows if he knows at a
either by brands or by other-son
circumstances. A man couldn't sir
ply go out there and say this stu
belongs to me. l can say the Or
perty belongs to me if am the ow
er of it. | can't go on the stand al
testify it probably belongs to YoI
Honor or Dan Olson or belongs
Mr.. Koser or belongs to Mr.. Riba
Mr.. Erickson without proving fac
that would establish that and that
the law and has been the law f
ages.
THE COURT: l think it is a rat
er technical point in certain cases.
will let it stand.
@. Answer the question. Who
horses were they? A. What hors
do you mean?
Q. That you saw running arou
bearing this brand on? A. su
posed they were Riba's.
@. Did
MR.. BABCOCK: Move to strike t
answer as supposition and not
statement of fact
THE COURT: Strike it out.
Q. Did you ever work for G
Riba? A. No, sir.
Q. How close have you lived to
place where his horses are? A, Joi