Show eilleen SENTENCED A bill of exceptions will be filed burrows vs cimball Eim ball MONDAY AFTERNOON mr ana eldered inta tha cua tody ef the till the motion for a new trial is disposed of mr asked that mr killeen be admitted to bail pending the for a new trial Bail waa fixed in tb eum of upon motion of mr zane the case against mr bogart who was indicted with mr baad laad wax as there wag no evidence that he was connected with the branding of the calf mr land was called by the defense he testified to beine in tho cattle business mr had cattle on tha sama range as himself witness explained that the had followed one of hi cows anil he told hia hired man to mark her witness had branded her himself hims alf because he thought she belonged to him mr Chipman had afterwards told him that he claimed the call and he told that the calf had hia bitnes wit nes brand on the heiter about 8 er tf month eld on cross examination he testified to cutting the the dewlap off because bia calves were not marked that way mr milton an employee of bogart 5 eliud testified to tha round up and te branding the calf because it followed tha cow the calf from eight to ten eld the only reabon the calf was branded was becaas it was supposed to belong to land bogart witness testified ta ib conversation between mr land and mr in regard to the ownership of tatt calf confirming mr lands testimony mr wheeler a cattle dealer if grand function testified to the character of mr land for honesty truth and veracity aa being e cl he aad seen the calf when it wai br adad the about a vear old it 13 customary cua tomary to claim halyca following cowa on cross mr wheeler paid it would be perfectly justifiable for a to brand a calf under circumstances sucu aa have heeen described mr wallace a cattle dealer from missoula MIs Boula colorado testified to the character for honesty and integrity of mr land as being good mr testified that it was nn ta brand a calf following tha the prosecution objected to to as tho custom of ownership objection sustained and exception taken harry bogart testified that tha calf belonged to himself and mr lind L ind be caus it was th cow mr went had seen the calf and assisted in branding it and earmarked it mr land owned tha calf testified to the conversation lon between chipman and land in regard te tha ownership of the calf on crasa examination mr zane asked if the heifer did not have a calf thin abrine mr went did noi know W W mcauoy testified to mr lauds reputation for holmay aud integrity as being gaoa the rested S S chiprean Chip roan was recalled testified heifer this summer aie had a branded calf with her tha calf va about three weela old ha saw the heifer last june upon crogg examination mr chip man admitted there might be a doubt about it being the name heifer he took it to be the same aeiker S W chipman was recalled he had aaen the heifer with a calf this summer tha prosecution rested mr dye and mr sutherland addressed the jury for tha defense and WAS followed by mr zane for tha cus tion judge blackburn instructed the jury that the intent be determined by the ata a ta committed and defined grand larceny A jury wa called in the case of W 0 burrows vs 0 G Kin ibal W H ame anil geo sutherland appeared for mr borrowa and john M baue zaue for mr this ia a amse mr burrowe asks for dAia aca in tha sum cf frem mr kimball for trespass tr espasa committed upon school land occupied by mr burrows near fild emery tha comola iut cabb forth that mr burrows and his sons had pos assion of a of school land and had fenced the land and it causing it to prodica a larga crop of grasa tha defendant had gone upon thia land aitto b lehoul land and not owned by air burrows all these allegations ara denied iu the answer court adjourned till tuesday morn ins at shortly after court jury ia the land case came iu and rendered a verdict of not guilty romi OOM the first district court met at geo sutherland draw a map of that portion of pheasant Piea sant ahara ahe school in question in the burrows aad euit ia J W N made a ma tion for a new trial in the killeen case on the ground of insufficient tu a also that n had baen presented that kileen a position ot toward the It ailway compana comp anc aid that the court erred in net alib capa that around thai the court es red in nol allowing evidence to eo beauro the jury showing show inu that hail taken money from the drawer it wisa alao claimed the id aue immaterial ten tu KO b iro thi jury and improper croas examination john M zano against the mutton authorities in blip rt i ms objection the motion for a new trial was fsr ruled and an aken mr killeen wa called up ind ficai fenced to bs n the pe for tle term ot h e baart biays atis to crapara a bill of exceptions W 0 burrowe Burro wB abe in case of burrowe v Kiu iball as called aud testified ll 11 al he had mid a adling on the und ia alia ilera ef fice in sanpete san pete c anty in 1870 the filing was offered in ati lei cu objected 10 by mr an because it was a copy and alo an 0 irelene vanoy and the filing was withdrawn 1 in may 1880 air burrows and hip son erected at corners of the quarter three et fence to i haw tha jand wa elii imad in 1884 ha actu a man to byird yards oi fence be built about two hundred lods nf taft noreca jn 5 and 1835 entirely enclosing the land in 13 a ditch was taken oat to irrigate the hanft in hay was cut from the land and sold it to air tucker this bay was the result of irrigation in seed was BOA BO A on ina land ane ditches for this quarter section cost about ti 0 hundred dollars mr Kia iball camf w the land in he cut hay and hauled it away tl is testimony was tr icken out be cauin sir burrows had not seen mr Kiu iball cut or haul the hay mr burrow a wag cross examined by mr baoe in n g ird to feack nd iu ass which among uther ink relation brought out the fact that the ditches haj been built to the land and not to swamp cattle mr burrows first cat hay an the quarter section in and 1837 keople did not aut hay on the quarter lection in no one besides mr kimball cat hay there in 1837 there wera other people cut has thara in mr kimball the land with a deaca in built ineida of clr burrows in daiy places burrows fence waa a good fenc bat mr Kina balls waa not gentry testified to putting up bluds of fence on the east side of the land in question for mr burrows mr arven had also built fence for mr barrows there waa no wire fence arcand tha land at me time mr gentry had built the benca agon crosa examination mr gentry tei tidied that there were gaps in the fence peter arvon testified to fencing on the east line of the land joining the 00 OO roda mr gentry built there was small gap on the east side lie considered the land enclosed in the fall of except one gap thera were ditches on the land court adjourned till 2 |