Show B agn jury ury told to do so by the judge ES cat CATTLE TLE STEALING CASE and simons were not put upon their defense simple assault the case of the state vs va carl s and wells wella simons at pay j accused of stealing a red heifer belfer at precinct in tho the fall of 0 1896 is id suddenly denly terminated friday even g by the tha court instructing the jury to urn am a verdict of not guilty on oa the und and that the identity of the animal at aud and the ons killed was waa not aed ed county attorney king prosecuted id d wedgwood said and thurman defend avid jabid kinsey was the first witness s 3 is ia engaged in stock rasing raising at payson j lias has known defendants for many ara they era ara butchers but chera at a described his bis narka n arka ald ad brand a brand was a square and the mark 3 a croo of left ear and adle on the he had lost a j sy s in lister november 1896 and maj mad james ramer dierf R ni erf of stealing it aa lia EVA ranier earner was waa next called s was residing it benjamin precinct Novin november ber IS 6 brie abne knows de and it I 1 e SAW htiu at tile siewart farm i i 1 y were in the barn one ona sunday at a their delivery ds livery wagon was stand goat goil siJe with the tha name of simons simona N i on it there was a cef it ef in the barn which she id inny hd ben b en killing her best beat eod ecton was that this all occurred 0 tha iha saudah before election day oa a eroes s examination saini nation she saia aha ehg ac ti w the tha two mou mau at work at the animal oufa ut did lot know what particular ular thing y were acin doing g wil ifera stewart also resided at v njmen in the fall of 1896 and saw a 0 enda en danta rits there one sunday in n ember defendants were at tha t he tarn he saw mr simons drive a da light red jr jersey ariev hiefer into the i ra a ache he lau lad the bame brand and co irka as aa d ascribed scribed bed by mr kinsey ho he aired abr barn and saw mr simons v t a bloody batcher knife in hi his s hand band 0 d the hiefer lay bleeding Die eding with its roat mat cut cat later he ha had a conversation with mr t mons albut al onic the iha ownership of the a imal wells simons simona threatened r en that thai if tle the witness zaid said anything a out oat the matter he would be put i 11 that kinsey was raising a fc k about the fihs hiber being killed for he f J d found the tha hide bide and ranier had bad to ab ip to fix the matter up on cross croes examination witness be t c mo ae mixed as to the color of the hide I 1 ing it a or a bright red which sa eaid d was about the same J jame amea it 3 nier lai known defendants c saia since they were in the i tail butcher butchar bai iness all that time ta t a was at the siewart ranch in no nasr 1836 when both were at atthe tha r ch they were wera at the barn when he be tv t a them ithem v and their thair wagon was lutei outside ou iside e th were cleaning a baeb he got git a me water waier a pan and some clothes cl othis for am it was a two year vear old heifer they i we wee chafing u afla light red color af r the but cherni was over the defendants aa put thi tha beet and its ita hide bide in their r raaon azon and drove aay after the killing bome two or three mr simons had come to the t ewart brauca rauca and stid to winnea that h was out ont for noon up in payson t insey had bad found among the butchers b L des the one oae of the heifer and the r atcher bad laid we blame of the abelt i WiEn witness sEs ne lie was advised to get cut onic iho 1 kitade for he would be arrested if remained next nest night he bad packed and left he was asked as abe isolated condign n of the barn if there were any other uses near by L but ut it was objected to t y defensa defenda and he ha tion sustained stained en on oa cross cros witness said eaid ce e had bad charge of the ranch at the time stated I 1 a t ed he was pressed for a statement me n 0 of f t the he conversation with defend ants at ah the tibne of if the kil billine line he said a at first he did not remember any finally he said eaid I 1 yes I 1 remember they asked me to take a drauk and I 1 tools took one i defendants he said eald had talked to him the day before about killing a beef at hie hia place and he raised no objection he then gave an account of his hie arrest for burglary in california and ne finally pleaded gubity to grand larceny he denied that the charge was changed because became of testimony le he promised to give ve in the pending case witness then said that one caviness Cavi nees was arrested in california and sent up for counterfeiting and witness bad since sidled an affidavit to the effect zt that caviness Oa vinea had been arrested as aa a victim of circumstances caviness not knowing that articles he be was sent after when arrested were counterfeiting tools attorney ottoa had drawn up the affidavit that affidavit was waa diff different erent from what you testified to at the trial was asked by defens defenso 3 witness objected to answer on tory ground it being criminating and the court mused excused him the prosecution rested and the defense moved that the tha jury be instructed to bring in a verdict of not guilty because mr kinsey had bad net given the color of the hiefer as did the other witnesses neiF eq la other words tb that at th thi 3 identity of the hiefer killed had not been clearly proven neither had the prosecution proved that mr kinsey had not parted with the animal on oa the latter ques tion the prosecution offered to intro duca more evidence but the court did not care to hear bear it and granted the motion of th tha 3 defonse defense the jury was therefore instructed to return a verdict of no guilty the jury jary in the morten brothers case came in at 5 p m after having been out ein since ce morning with a verdict ag against galust both ol of simple assault they were tried for assault with intent to do bodily ham haim |