Show to ROGERS ROG ERS PERJURY CASE defendant is charged with giving false testimony in a former suit AyTEK OCK cobit semeion at 2 0 elack catow testified tu seemy tie hose at the corral in the spring of 1890 had asked mr youn boma time after how the brand cane ty ue dill erent from the brand no hia kotlier horses and mr said that charlas rd had run it on and not made a good brand ha atter warda baid henry had brand on jamsa H hattori to seeing the roan horse and a grey mare at jhb corral in 1890 with Mr mrnes Hes brand oia raw the burtie acain in june and again in august in mr youngs the baand had been tampered with and another brand put oyei it witness wit nass drew n the blackboard a brand similar to the on on the horse the brand I 1 should judge had been en about three weeks ur a month there were indication of an eld brand heard mr boans ay to noah ston at cova areek that his brother hen had run the brand on and had not got it exactly right the prosecution feied and VT H king made a statement for the defense they expected to prove that mr young had turned a loan caara out in 1886 and in had been brought back and had roan colt with her lacking like her and which he supposed suppo aed wad her colt he run a brand on the colt and afterwards sold it to mr holbrook caries the defendant wn ailed I 1 have ir tir t roan harses fold frank holbrook five head of borea in april there was a roan hilaa io the bamber he was a adall horse four whit feet small white spot in fora head and one between hi nostrils and two glass eyes raided the mother of tatt horse sho had alisi eyes was bay with roan in her flanks turned her out in the spring of she was with foal ahe was gone two years before I 1 the horse colt I 1 have described followed her he v aa over a year old I 1 took the forsea hoade in the morning I 1 run my brand on the colt with a heavy iron I 1 vented the brand when I 1 bold the horse with u lighter iron I 1 got the horsa up after I 1 had branded him I 1 never told mr that my borther henham run the brand OB nor that charlie blizzard had run it on I 1 took no horses out of alia corral at petersburg and did not say tha horse and mare to me I 1 never branded a horse with a double wrench brand on aud never run my brand over any brand I 1 was at the examination at the lower court mr mckee stated that big horse had only one glass eye and that if this horse the horse euld to holbrook has more than one glass eye someone olae has put it in he also testified fied that his haras had three white feet cross examined the colt musk have been coaled foaled in the season of I 1 did not know whore the mara was while ehe was gone I 1 rau across her on the raach 1 did not state in the lower court tha the horse I 1 sold to mr ajl brook had only two white feet I 1 said in the lov er court my hors was over tour old last spring jasper young son of defendant de the herse and corroborated the of his father crosbi my father and I 1 have not talked over the evidence is this case young another son of defendant fen dant testified similar to the two previous witness lie contradicted mr blacks statement in to seeing this particular charae in his fathers stable cross examined did not testify in abe loer court that the horse my fattier sold to mr holbrook Holb had aly two white feet frame holbrook described tho horse he had bought from mr young agreeing with the testimony of young mr mckee did not demand the horse from aib he said he thought the hoise waa his appearance appa arance of the brand en the harse having hoan put on over another brand cross examined mr mckee did not state to me when lie came to look at the borne that if iia could gat any vi dence connecting mr young with the horse he would telegraph me G R huntsman corroborated mr in the hora youngs brand had not bo far as I 1 could tell been placed ever mckees brand beard mr mckee ady in abe cobit below that his borso hau one glass eye cross examined the horses eyes were alike sheriff ahman mr mckee eaid in the lower court that his boroa had only one glass eye and if the horae sold to holbrook had more someone else had put it in mr mcneil testified to the ae of the horae this closed the testimony for the de tense the case was submitted without argument judge blackburn the jury to return a verdict of not guilty without cavini ea vini tha bos as while there were some suspicious circumstances connected with the there waa not sufficient to warrant a verdict of guilty court adjourned till thursday at 10 court met at 10 A jury liia em paneled la abs tbs case of the people is dr R M rogers W IL king appear for the people and While cotton and gash for dr rogers ur kuers is charged with commit cini by givins false testimony in ciul suit ined in this court at a previous term with rights 0 water in the alta ditch located on bench between provo and ili alroe Jl roe W H king made a to the jury of ahe the ex acied to establish and a map of the and aej irrigated from the alia ditch ras t cued oa the blackboard for the in ovation oma tion of the jury john W pike mccurt reporter was called reported the ciril snit in which dr kobera was plaintiff and S B moore and others known as tae alta ditch company were defendants the was taken corrects ran htiu ilie identified the transcript of the testimony atiq testimony of dr R gers ia contain a in this transcript BB baehman jr deputy dork of the luuri identified in with the former trial tasy were offered in evidence mr each man testified to administering he oath to dr abe testimony of dr boges poges WAS offered in ma Y mr king read the testimony where dr boera testified o eusibe one alta diioli phout interi SV K ference froni oth r weira of the hecl until the civi sv t brsan H U aft civil enci Beer alie ua af pf the alta ditch and land through it runs S r hendrshot hot eare testimony show ins mat the water could not run to ahr where dr had testified 10 have used it for the reason the ground wa to ibish ruurt adjourned till 2 choik |