Newspaper Page Text
WfcWLKJfcttl stoffnirtfl VOL. 24. we INTHE SUPREME COURT OF IOWA.- Jaimary Term, 1896. Apr. 7,'96 State of Iowa, Appelle, vs.. W. E. Deyoe, Appellan t. Appeal from Osceola District Court. Hon. Geo. W. Wakefield, Judge. The defendant with two others, was indicted for larceny. Defendants* tried, convicted, jjeptepced and ppeals. CAEB & PARKER It is earnestly contended that the evidence did .not justify the convict ion of the ^efendani^and rwe thinfc1*nt this claim is well founded.We cannot go into a detailed discussion of all the evidence but will state the substajlce of it and the facts which appear .to 1 established bv it.The folldftii^foets are not seriously controverted. Mc Cabe,in the spring of 1891 gathered a herd of some seventeen hnndred cat tle in Northwestern Iowa, and drove them to his herding ground in south ern Minnesota.In the herd he had some cattle of his own. On the way up he took in many head of cattle in Minnesota. He kept his herd in Minnesota un til the fall of the year. The cattle were herded in the day time and- kept in a yard at night.This yard contained from two to four acres of ground and was enclosed with a barb wire fence and agate made of four boards and wire between the boards.The gate was closed nights and tied with a rope. McCabe was at the herding ground at various times during the summer and was there about the tenth or twelfth of Sept. 1891,at which time he claims to have counted the cattle and to have ascer tained that they were all there except some twenty head that had died. He swears that he counted the* cat tle himself while they were scattered over some Fisher the BECAUSE. SPRING IS HERE And with it comos Walking Season. OUR SHOE De partment is filled with Ladies and Gents Walking Shoes Our Stock is FIRST -CLASS, as to quality, and as to Style For Appellants. MILTON REMLEY, Atty. Gen'I, and JESSE A, MILLER, For the State. The indictment charges that the defendant, and two others, did on or about the 20th of September, 1891, steal one hundred and two head of cattle, the property of one Mathew McCabe who owned and possessed them as a bailee for hire. eighty acres of ground, he was riding a pony. He admits he could not identify all of these cattle but could a good many of them. On the 20th of September 1991,the cattle were placed in the yard in the afternoon earlier than us ual as another herd belonging to one was being driven down past MeCabe herd,and the gate was fastened as usual. That night the cattle in McCabe's herd were noisy and cattle were heard bellowing and going south. The next morning the' fastening of the| gate showed pears that at that time McCabe's men in charge of the herd only discovered that a few were gone.lt appears also that the number of cattle missed did not excite interest enough to in duce the mon in charge of the herd to make any effort to find them for two days after it was discovered that some were missing. Shortly after the 21st of September 1891,McCabe's herd IIA YE THE LATEST, and we are placing them on the market at a very Small Profit. BUT" MOBS (SRP- DEPARTMENTS ARE COMPLETE. We are confident you will by examining and But- get our Prices before making a Purchase. We Buy ter and Eggs in Exchange for Merchandise, We buy all kinds of Grain for Cash at the Highest Market value. our Stock Swedish Mercantile Co. to Iowa add when he delivered them to the owners he was short many head of cattle,and some twenty odd head were found in the possession of parties to whom they had been de livered by the defenhant. Defendani in the spring of-1891 gathered a herd' of cattle in Sioux and Lyon counties in Iowa numbering about twenty-four hundred.He drove them to his bead ing grounds in southern Minnesota about fifteen miles distant from Mc Cabs's grounds. On the way up enough cattle were taken into the herd to swell the ttUBlber to twenty seven hundred head. Defendant had the cattle of his own in his herd,the balance of hi3 cattle belonged to about one hundred and fifty different persons. When defend ant drove his herd up he lost many cattle and his herders went back and gathered them up something over eighty head and returned them to the herd. When defendant delivered his cattle to the several owners in the fall a few head which belonged to Mc Cabe's herd were delivered by defend tohis-customers-itomake up-the number belonging to them. The defendant sold some cattle, to different parties,and one sale' which he made shortly after September 20, 1891, embraced some "cattle which had belonged to McCabe's,herd. The claim o'f the state is that the cattle lost by McCabe were taken by defendant or his men from McCabe's yard on the night of September 20, 1891. It must,we think be conceded that cattle were taken from,or got out of McCabe's yard the night of Septemb er 20,1891,but we fail to discover any evidence which shows that they were taken by defendant or his men. In fact we think there is no evidence showing or tending to show the tak ing of McCabe's cattle by defendant or his men,save the fact that shortly after some of these, McCabe's cattle were in the herd of the defendant. We think,however,his possession of them can be very satisfactorily ex plained. It is claimed, and there is evidence from which the fact might well be found,that when McCabe drove his cattle up in the spring a number of his cattle were lost. It is undisputed that defendant drove his herd up very soon after Mc Cabe's and that he lost cattle and feent his men back and gathered up over eighty head. It is not improb able that these may have included some that McCabe lost. There is no eyiaence that the defendant had knowledge that he had in his pos session at any time any of McCabe's herd,nor does it appear that he,at the time he delivered the cattle, knew that he had any that had belonged to McCabe's herd. We place but little reliance upon the count of the cattle which McCabe says he made when there were seventeen hundred Of that it had been tampered with and when the cattle were turned out some were missing»though it ap was driven back them spread over an eighty acre field. No one else pretends to have counted them,and it is clear from the evidence, that neither McCabe nor the defendant,in view of the marks and brands on the cattle, and th« fact that many of them were not branded at all, could identify any considerable number of them. The guilt of the defendant .seems to be based largely on the fact of his hav ing been found in possession of some of McCabe's cattle. While such possession.if recent,an unaccounted for.furnishes a strong presumption of guilt,it can readily be understood that a man in possession of twenty-seven hundred head of cat tle might have in his herd cattle not belonging there without having stol en them,and might be without any knowledge as to who was the owner of them. We do not think such a case was made as justified in the convict ion of this defendant. His possession of these McCabe cattle so far as appears was innocent and without any knowledge that tbey belonged to McCabe's.herd.The iden tity of catttle is often a matter of much doubt,and though it be conced ed that some of McCabe's cattle were in defendant's possession, still as we have said, there is no evidencs show ing that he or his men stole them, or that he knew that they were McCabe's Defendant ought not to be convicted and sento prison for stealing these cattle,when he has shown such facte, as should be held,under all of the circumstances of the case,to rebut the presumption of guilt arising from the possession of the cattle. After a careful consideration of this entire record we are convinced that the defendant has not been prov en guilty.So believing,we deem it un necssary to pass upon other questions raised.The court should have granted anew trial. REVERSED. Epwortli League Convention. Tlie Necffng at Luverne last Week A 4?r»nd Success. Wortlilngton Well Represented And Honored. Tlie Next meeting to be Held At Worthington. The second annual convention of Marshall Dist. Epworth League met at Luverne, Friday, April 17 with Pres. N. B. Foot of St. James presiding. The evening session The local chapter was represented by Misses Nellie Baxter, Jessie Bly and Pearl Dean, and Messrs Putnam, Lundgren and Sinnett. All enjoyed themselves very much and will long remember Luverne's hospitality as showered upon them. An Echo meeting will be held place of the regular League meeting in the near future. A full report of the convention will be given by Miss Baxter.' Sec. Willsey of Heron Lake will be present and read his paper on the Prayer Meeting Rev. Putnam and Sinnett will also give their papers on the League in the Working Plan of the Church, and a Model Business Meeting, the latter being considered as one of the im portant papers of the session. All persons are invited to this meeting whether members of the so ciety or not and the old as well as the young. Cheap Rates. Northern Wisconsin and Duluth On April 7th and 21st. and May 5th, excursions tickets will be sent at low rates at C.St. P. M. & O Ry. stations to certain points on their line in Wisconsin and to Duluth Minn., also to points onO. &N. W. Ry. in Northern Michigan. On'same dates Special Excursions tickets will be on sale to certain points in Nebraska,^Kansas, Missouri Arkansas, Oklahoma and Texas. Now is a good time to visit Hot Springs, S. D., and the Black Hills Country. For full particulars call on 3. Morrison. ym'ifj WORTHINGTON, MINNESOTA, THURSDAY, APRIL 33, 1890. CPunchj Special waB followed by a warm reception from the Luverne chapter. In the business session Saturday morning the following officers were elected for the coming year: W. S. Cochrane. Tracy, Pres.: E. Brown, Fairmont, 1 Vice. Jay Wright, Pipe stone, 2 Vice. E. W. Sinnett, Worth ington,3 Vicc J. E. Ring, Redwood Falls, 4 Vice L. A. Willsey, Heron Lake, Secy. "Mrs M. L. Ecker, Her on Lake, Treas. Mrs. Wyatt, Mar shall, Supt. of Junior League. The work of the past year shows great progress and interest. The attend ance at the meetings were good, there being about 100 delegates pres ent besides the local attendance. The different persons on the pro gram were well prepared and several interesting and instructive talks were given. The convention adjourned Sunday evening a Mass Meeting at the Open house to meet at Worth ington in May 1897. I Agent, C. St. &0. Sy. Worthington 33-6. PROCEEDINGS. Friday held meeting evening, April 17th Prest. Forbes in the chair and all tlie members present. Recorder reported receiving a price of 1'2£ cents per square foot on grossing stone four or five feet wide. Moved that F. Glasgow and C. H. Sibley.be appointed as a com mittee to further investigate tlie nutter of crossing stone with au thority to purchase one or two car loads at their discretion. K. 13- Tibbets,deputy boiler ins pector, reported the old boiler in puj'np house in poor condition and ordered same repaired before using Moved that the boilers, engines, all* other machinery and power house, be inspected and insured by the Hartford Steam Boiler Inspect ion and Insurance Co. of Hartford Conn.,for the sum of 810,000.00, for a period of three years at a premium of S100.00. Bids for lumber for the ensuing yegr by Jas. Ramage and J. W. Tuthill & Co. being the same the street commissioner was instructed to divide the orders. A bicycle ordinance allowing bi cycles the use of all streets except 10th street from Omaha depot to 5th ave. was tabled. Recorder instructed to have the existing bicycle ordinance pub lished in the ADVANCE, pense being $1500. P. M. Herald and Globe for one week and that said ordinance would be enforced. On motion, G.W. Brant,was ap pointed a special police officer for the G.A.R. block without compen sation from the village. A side walk was ordered put in on side of 7th„ ave. in front of lots 2,3,4 and 5, block 31. ike petition for water main ex tension in Clary addition tabled for want of funds. Estimated ex- to notify all parties to repeir walks where needed. Moved that the Spirit Lake Tel ephone ordinance be referred to Village attorney and report be made at next meeting. Mrs. P. G. Anderson accompanied her parents home to Sherburne, last week and will make an extended visit with them. Ray Humiston left Monday night for Minneapolis to attend the meet ing of the State Board of Pharmacy to assist in conducting examinations The Ladies Aid Society of the Presbyterian Church will serve Ice Cream,weekly,during the summer season, commencing May, 2nd. Afternoon and evening. Entirely NeAV and Fresh Stock of Rings, Thimbles, Chains, Lockets. Chains, Watches, Lace Pins, Gold Pens, Link Buttons, Scarf Pins, Pendants, Neck Chains, Paul E. Wirt Fountain Pens, 1847 Rogers Bros., Flat Ware, and various other articles. Geo. E. Cennincwam. Jeweler. In C. H. Babcock's, drugstore. New Styles, New Suitings. I have received a nice line of im ported spring and summer suitings have a large stock on hand to select from. You do not have to wait for goods to be ordered from sample. Prices low as the lowest, workman ship and fit guaranteed JOHN liEDENE. Buckliu's Arnica Salve. The Best Salve in the world for Cuts, Bruises. Sores, Ulsers, Salt Rheum, Fever Sores Tetter, Chapped Hands, Chilblains, Corns, and Skin Eruptions, and positively cures Piles, or no pay required. It is guaranteed to give perfect satisfaction, or money refunded. Price 25 cents per box. For sale by Ray Humiston Druggist 35 1 year. Notice to Horse Owners. The time has now arrived to place your advertising matter before your expected patrons. We can print your bills on material that will stand all itindw of weather and not tear or wash off with heavy storms. Call and leave your orders. .jMMCW PAPER Our Stock is TELEPHONE SERVICE. chise to the Spirit Lake Telephone company is before the council and will receive careful consideration be fore granting the privilege. In view of the fact the Northwestern Tele phone Co. have secured the right-of way for a line from Mankato to Sioux Falls and will later to Sioux City. It appears that it would be better to investigate their plans as to putting in an exchange here if the people want one at all. The North western Co. have their line already constructed west of Mankato and if an exchange is put in here it would give us direct communication with all stations along the Omaha road as well as the principal cities when their line is built, while the Spirit Lake Co. would only give us connection with a very few towns along this road and the other towns would chiefly be in Iowa and service over another company's line, where there is always more or less a delay in get ting business transacted, owing to delays that usually occur in service given rival companies to carry on their business. It is not probable that two companies would operate an exchange here, but should they desire to do so. the village would be made unsightly by the numerous poles that would be erected, and they would really become a nusiance and a detriment to the town in sever al ways. There seems to be quite a popular sentiment among our busi ness people favorable to an exchange, judging from the encouragement ment given the Spirit Lake Co., and there can be no doubt as to the con venience of such a service while the benefit may not be as large, but there will be some. From the expressions of members of the conncil the matter will be thoroughly investigated be fore the privilege is granted any com pany. ATTENTION COMRADES. Members of Stoddard Post are hereby notified that their presence is specially desired at the next re gular meeting to be held Saturday, May 2nd, to attend to Decoration Day services. By Order of Post. R. B. Plotts, V? bad'jy r^J *V While Prices Are At Tlie Bottom. We offer WHITE BACK Papers at the Price of the old out of date Brown Back. The Furniture Store in G. A. R. Block. liAY HUMISTOX Adjt. Frank Glasgow, Com. SOCIETY, NO 3T i. /iatC neatestcai -eCt. Ptv-Vn6^e to 'j the c°n No wonder, then, that it is the best prepara tion for the teeth that money will buy. No wonder its fragrance is so delightful. No wonder careful people use it so largely. Minnehaha Tooth Paste comes in pretty opaque glass boxes which are real ornaments themselves. Price 50 cents. enS THE RAILROAD LANDS. 8nitsInStttute44» XolrieKCoHi ty Recover Title. Last week. Deputy United States Marshal Sheehan, of St. Paul, was in Adrian and served several summons action recently brought by the United States against the Omaha railroad company to recover title to certain pieces of land in Willmont and Larkin townships. The govern ment claim the lauds were unlawfully included in the railroad grant. Nearly 1000 acres are effected in this county. Whether or not the suits are founded on anything tangible is not clear. According to the Pioneer Press, thousands of these suits were brought just before March 3, the date upon which the time limit for proceedings of that nature expired. In a great majority of cases action was instituted where there was not the least shadow of a chance of its successful prosecut ion. The only people to be benefited are United States attorneys and marshals, whose fees will be appreci ably increased thereby, and in this respect the ill advised action of the government is a glitteringsuccess. The time for defense of these suits is near at hand and though the general land commissioner has recommended the abandonment of the cases where the government has no prospect of winning, and his recommendation will probably 'be adopted.—Nobles County Democrat. A Farm Paper. A Representative Farm Paper.— The "Northwestern Farmer" of St. Paul is a 20 page semi-monthly journ al now in its 14th year published continuously by the present manage ment since 1885. The April 1st number contains many valuable con tributions, among which we name— "Native Plums," "Three Garden Crops in one Season," Horses, Cattle, Sheep and Swine Notes, "A Treatise on Fowls," "Cheese Making," The Dairy, Liye Stock, Questions and Answers, Veterinary Department, Horticultural Department, Etc. The "Northwestern Farmer" is a thorough ly representative farm journal, pub lished at St. Paul, Minn. Subscrip tion price 50 cents a year. Sample copy free.