John a Banning Vs the United States And Cheyenne Indians No 2655 Defendants

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John a Banning Vs the United States And Cheyenne Indians No 2655 Defendants
United States. Dept. of Justice
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BANNING vs.
THE UNITED STATES AND THE [ Cheyenne Indians.
BRIEF AND ARGUMENT OF COUNSEL FOR DEFENDANTS, STATEMENT OF CASE.
In September, 1868, the claimant, John A. Banning, was employed as a railroad contractor in building a part of the Denver Pacific Railroad near Greeley, Colo. On the 12ih of said month, while claimant was making use of 100 horses and mules upon his grading contract, the Cheyenne Indians made a raid upon his teams, driving off 28 mules and 20 horses. The claimant and his wif
...e are the only witnesses who have any personal knowledge of the depredation. The other witnesses, Lyman H. Cole, Frank Hunter, William M. Roberts, and Philip Riley, testify as to the value of the property lost and their knowledge as to what tribe of Indians committed the depredation.
ARGUMENT.
There is no positive evidence except that of claimant that the Cheyenne Indians committed the depredation charged. As showing the character of the testimony of other witnesses on this point, we call attention to the fol lowing : Mrs.


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