The producers news., 1927-07-01

". AIlO uOW OlQ was IL dS IAS
time it disappeared?
MR.. BABCOCK: Objected to on the
ground the witness has not shown
himself qualified to answer and hasn't
even testified he knew when the ami
NAL disappeared. What l would like
to do if possible, is to try and get
down and try this by ordinary rules
of evidence and Your Honor knows
what thes rules of evidence are, and, l
think the County Attorney does with
out any question, and in fact l know
he does, and l would simply like to
try this case the way it ought to be
tried.
Mr.. ERICKSON: When counsel
gets through with his objections, |
will proceed.
THE COURT: Proceed.
@. Did you have any other horses
in this pasture? :? that is, the Thinner
man pasture
Mr.. BABCOCK: That is objected to
as inmaterial irrelevant
MR.. ERICKSON: Wait until l get
th:IIgli.
e. Did you have 81 Y other horses
in this Henry pasture at the same
time as you had the colt. A. Yes.
Mr.. BABCOCK: Just a moment
Move to strike the answer for the
reason it was answered before l hac
an opportunity to object.
THE COURT: Strike it out.
MR.. BABCOCK: That is objected t(
on the ground it is immaterial.
THE COURT: What grounds are
you basing this on for-these horses
MR.. ERICKSON:l lin order to fine
out if any other horses disappeared
at the same time.
MR.. BABCOCK: That wouldn'
make any difference. If a man i
accused of stealing horses it don
make any difference whether some
body else stole forty or fifty more.
MR.. ERICKSON: Here is a col
disappearing a year old and | wan
to find out if its mother went at tn
same time.
MR.. BABCOCK: I beg pardon,
didn't get that.
MR.. ERICKSON: Well, here is
yearling colt disappears out of a pas
ture and I want to try to find out
it was following his mother and
its mother disappeared at the sam
time. At the time he picked up thi
horse l understood him to say ther
was mare with it.
MR.. BABCOCK: Yes.
} MIR. ERICKSON: Chances are
is the mother.
MR.. BABCOCK: The chances ar,
but you go ahead and prove it.
MR.. ERICKSON: That is what
am trying to do.
MR.. BABCOCK: And l want you
prove it by legitimate evidence if yo
prove it at all, and l am going
make every objection l can l think
( proper.
MIR. ERICKSON: Well, that
what you are getting paid for al
I'll bet you are earning your none
: THE COURT: Order-Let's pr
ceed.
MR.. ERICKSON: @. Do you kno
where the mother of the colt was
+ the time last spring, 1926, wht
this colt was running in Henry's pa
:. ture? A. She was with it.
e @. And do you know if the mot
: er disappeared at the same time
i the colt. A. Yes.
@. And you was never able to fiji
+. trace of the colt or mother in t
meantime? A. No.
@. Did you inquire or make al
e search for this horse? A. Yes.
MR.. BABCOCK: Just a momel
d That is objected to as being a dup
l cate question. Whether he inquir
or made search is two different que
= tions, should be separate.
/ Q. You made search? A. Yel
h Q. And you inquired of vario
persons? A. Yes.
II @. If they had seen anything
e this colt? A. Yes.
1 Q. And who were some of the
persons? A. Mr.. Riba; Mr. Nj
10 colin.
1t Q. When did you first mention
1t Riba that you had lost the col
# A. When he was rounding up
horses.
n Q. And when was this? A. L;
spring or last summer.
n @. Well, where did you ma
!? search for this colt? A. I ro
around the country and looked
If her, through several bands of hors
@. Well, Mr.. Riba had a bunch
i? horses? e? A. He has got his on
own lots down there.
is MIR. BABCOCK: I can't hear y
r. at all; am sorry. I wish my es
~ were better, but l can't help that.
THE COURT: You will have
N talk real loud because that wind
10 bothering over there and l can't ha,
ly hear it sometimes right here.
ar @. What was your answer? A.
asked him if it was there. If the
m was any strays.
@. And what did he say? A.
re said he didn't think so.
@. Well, did you look over
~ bunch? A. Not out there on |
90 q. D. You took for granted if l
Riba stated it wasn't there, it was
/? there? A. Yes.