Calvin T Hazelwood Vs the United States And the Kiowa And Comanche Bands Or Tr
Calvin T Hazelwood Vs the United States And the Kiowa And Comanche Bands Or Tr
United States. Dept. of Justice
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This, it is submitted, is insufficient to establish the claimant's right to recover. The evidence has not even the value of ex parte affidavits. An argu ment on behalf of defendants as to the value to be accorded this kind of evidence seems absolutely useless. All we know of the evidence presented before the Interior De partment is that the claimant and two herders swear that 5 the horses " were taken. " We are not even told by whom. There is no competent evidence to show that the defendant Ind...ians took or destroyed the property. It is incumbent upon the claimant to make out his case, and not upon the defendants to defeat his alleged right by proving that the material facts do not exist. It was within his power to furnish evidence of a proper character by taking depositions since the filing of the case in this court and the discovery of the loss of the affidavits. But he chooses rather to rely upon a copy of a meager report of the Commissioner of Indian Affairs for the substantiation of his case.
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