Show FIRST DISTRICT COURT C u artis and romer i 11 found guilty of grand larceny HOW EXPLAINS BEING FOUND WITH THE MEAT luther C co tried for stealing ahrea calves the first district court resumed session yesterday afternoon with judge blackburn on alir bench the case of chas C tames charged with grand larceny was called up for trial these are alio men who were arrested by jo bush as the fellows who robbed the D it G express at thompsons Thomp sons mr david evans prosecuted and thu defendants fend ants were represented by M M kellock Kello cB alio was appointed by the court A iury was empanelled empanel led and duly sworn and the indictment read to them by the clerk tiie indictment charges the defendants with havica purloined a cow the property of one kiels or about alie ast 1st day of september 1889 ahe first witness called was 01 san who testified as follows I 1 live at moab am a stock owner my brand is a ci oss V it is placed on the left side have used the brand three years have a small swallow fork in alie left ear am alie only person I 1 know of who owns alie cross V owned gentle cows cross examined sly cattle rane about five milea froan where I 1 live I 1 ayn about one hundred head they are mostly xane cattle some are cattle owned about tweety milk cattle about september four or five 0 them were red and white the cow in question was said to have been taken about three or four miles from where I 1 lived heard it had been killed never saw it after it lind been killed dont know that it had ever been mine to mr evans have cattle running at mill citek ci tek was not at home it was killed was in colorado did not w to see it when I 1 got hoina as I 1 thought it would be useless to jar was told the cow was killed at mill creek could have found oat the place if I 1 had cared to have gone never heard of cattels dying about sep ast 1st oi a disease to mr eau is never sold t i any cattle air wilson testified that lie lived at moab on september 1 was at mill creek that day went to inspect a cow that haag been killed found the animal it was a light rod branded with a cross V on the left side she was cut from one aide of the head to the other behind alie horns saw the aasc animal running in grand valley last spring did not know who claimed the animal at the time it was killed but know the brand belonged to olean it was a V with a X in it the animal was on a little bank at the edge of the creek the ground biad the appearance as though the cow had been rolled there her legs were doubled up under he rhad seen defendants at moab they were alone they were about or yards from where I 1 found the cow when I 1 first saw them they were in the brush they were anestel there curtic had a rag on one of am feet and the other foot had a boot on I 1 did not notice koiner ills boots they were about four miles from moab at the time ol 01 their arrest it was a cow that waa found in the fulch there were other range cattle belonging to olden there with the same brand as aliis animal had I 1 should judge the animal was worth 85 I 1 saw fresh meat on the rocks that had been taken there cross examined thero ft ore brands on the cow but I 1 can not ciccol elect lect what they wore from my own knowledge I 1 do not know cow it was the meat lying on the rock close by alie cow was a large chunk laid out to dry it was not from tho cow lying on alie ground to mr liana it appears to me as though there was a lump of meat cut out of lier side to mr alie cow could not have laid down in the doubled up condition in which I 1 found her she could not have been in that condition naturally jo bush caputy barahal ma rahal was nest called and sworn he said I 1 was as a united states deputy marshal on september ast 1st last arrested the de fondants fond ants on the miles from moab in a south westerly direction for that place put irons on them but they made their in the while between moab and bluff city their feet were chained captured them after they had been gano somo fiva days up mill creek canyon my posse found them and arrested them saw the cow in the ellch saw that a chunk of meat had been cut out of the right hip the cow had alie appearance of having been killed about four hours saw meat on the rocks it was bresli and had been laid out to dry did not stop to examine the brands saw ao parties in that section of country except my posse and the defendants the defendants were not chained together when recaptured they told me they hal deposited their iron in the rocks they also said they had been five days without food and they had killed alie cow for something to eat there was a knife there one of the blades of which was oliree inches long they had made a saw of one of the blades cruss never heard of a man killing a cow in tho back of the nek with a common jackknife jack knife the defendants n ere on supposition of being connected in the D x it G train robbery am satisfied that they were not implicated in that affair one man had a pair of boots on the other had some under clothing on his left foot and an old boot on his foot a piece of raw icide was wrapped around the left foot dumerill Ku merill to having killed the cow cross 1 saw no weapon on the defendants nothing but an ordinary jack knife the prosecution rested the defense opened by calling the defendant curtis when we saw the cow she was dead I 1 supposed she must have been dead tw or three days her two front feet and one hind foot were doubled up under her I 1 took out my daok knife and cut off a strip of raw icide from her and wrapped it around my right foot cross examined I 1 was hungry at the time had bean five days without food did not pat any of the meat in stripping the it ile off meat an inch thick came with it carried liae piece of hide to a spot under a tree about yards away after tearing the hide off laid the meat on a rock saw no other dead cattle in that vicinity this was probably two hours before I 1 was arrested I 1 did not cut a dash bo hind the to elfr kellogg seq only arms we carried was a common pocket knife to mr barns I 1 was born and raised in texas worked for the L E A outfit nine months before coming to utah as cowboy come here for work was in blue mountains and applied to Carlisle for work bot work from carlisle I 1 am 21 years old I 1 went to the clay county school there for several terms that was about ago my father chas onetis is living now the defense here announced they were and jo bubb was recalled he stated that he passed the gulch where the cow was found two days prior to alie arrest of the defendants waa no cow there then the meat I 1 saw en alie had been parked it had been cut into etries and carefully laid out on the rocks to dry to a juror had tho meat been on the rocks when I 1 passed the spot two days previous I 1 would have been almost babad to have been it bogli sides reste dand arguments were made to the jury by mr evans for the prosecution and mr kellogg for the de tend ants after being out about ten minutes the jury returned into court with a verdict of cuilty as charged the case of the people vs luther C palmer was then taken up mr evans appeared for the prosecution and mr jacob John for the defense A jury was empanelled empanel led and duly sworn and the indict read to them the offense charged is that palmer who layes at willow bend sanpete San pete county sto lethree calves from A C of gunnison sanpete county about november 15 1888 he was tried at the last of court but alie jury disagreed alie principal witness placed on the stand by alie prosecution was A C tol the owner of alie calves in question the trial continued at the special night session held last evening the prosecution getting through at U when the court adjourned until half past 9 this morning this morning the case of the people vs luther G palmer was continued the defendant made his statement as to the ownership of th ethree calves alleged to have been stolen by him from N C Tol defendant claiming to chave purchased thiern from george holton the testimony was all through a little before noon today to day and mr V K the opening argument for the prosecution was concluded ahen recess was taken |