Battle of the Rosebud Battlefield, Montana.

The Battle of the Rosebud was an important June 1876 battle that came, on June 17, just days prior to the Battle of the Little Big Horn.  Fought by the same Native American combatants, who crossed from their Little Big Horn encampment to counter 993 cavalrymen and mule mounted infantrymen who had marched north from Ft. Fetterman, Wyoming, at the same time troops under Gen. Terry, including Custer's command, were proceeding west from Ft. Abraham Lincoln.  Crook's command included, like Terry's, Crow scouts, and he additionally was augmented soon after leaving Ft. Fetterman by Shoshoni combatants.

The battlefield today is nearly untouched.

Called the Battle Where the Sister Saved Her Brother, or the Battle Where the Girl Saved Her Brother, like Little Big Horn, it was a Sioux and Arapaho victory, although it did not turn into an outright disaster like Little Big Horn. Caught in a valley and attacked, rather than attacking into a valley like Custer, the Army took some ground and held its positions, and then withdrew.  Crook was effectively knocked out of action for the rest of the year and retreated into the Big Horn mountains in Wyoming.

 

November 29

Today is Nellie Tayloe Ross Day

 Ross in 1938 at her Maryland tobacco farm.

Nellie Tayloe Ross Day is a state holiday in Wyoming, although it is little observed. 

1847   Missionaries Dr. Marcus Whitman, his wife Narcissa, and 15 others are killed by Cayuse and Umatilla Indians in what is today southeastern Washington, causing the Cayuse War.  The Whitmans conducted the first Protestant religious service in Wyoming.

1864         Sand Creek Massacre in which Colorado militia attack Black Kettle's Cheyenne band in Colorado.  Black Kettle was at peace, and the attack was unwarranted.  The unit would muster out shortly thereafter.  The attack would drive many Cheyenne north into Wyoming and western Nebraska, where they would link up with Sioux who were already trending towards hostility with the United States.  This would result in ongoing unbroken armed conflict between these tribes and the United States up through the conclusion of Red Cloud's War.

Today the Cheyenne trek north is memorialized in the Sand Creek Massacre Trail, a highway designation for the combination Interstate Highways and State highways that lead to the Wind River Indian Reservation. The Wind River is not a Cheyenne Reservation, but it is an Arapaho and Shoshone reservation, and the Arapahos were allied to the Cheyenne and Sioux in this period. 

Black Kettle had the added misfortune of having his camp attacked later by the 7th Cavalry, under Custer, at Washita, in 1868.  He was killed in that attack, which likewise was a surprise and found his band at peace with the US, although others in the area were not.

 Cheyenne prisoners, in artist's depiction, following Washita.

1873  Laramie County Stockgrowers Association forms in Cheyenne.The organization was one of the precursors of the Wyoming Stock Growers Association.

1876  Nellie Tayloe Ross born in Missouri.

1888  Territorial Governor Moonlight proclaimed the day one of Thanksgiving, Prayer and Praise.

1901  Mildred Harris, movie actress, born in Cheyenne.  She was a significant actress in the silent film era, having gone from being a child actor to a major adult actress, but had difficulty making the transition to talking pictures.

Harris is also evidence that, in spite of my notation of changes in moral standards elsewhere, the lives of movie stars has often been as torrid as they are presently.  Harris married Charlie Chaplin in 1918, at which time she was 17 years old and the couple thought, incorrectly, that  she was pregnant.  She did later give birth during their brief marriage to a boy who was severely disabled, and who died only three days after being born.  The marriage was not a happy one.  They divorced after two years of marriage, and she would marry twice more and was married to former professional football player William P. Fleckenstein at the time of her death, a union that had lasted ten years.  Ironically, she appeared in three films in 1920, the year of her divorce, as Mildred Harris Chaplin, the only films in which she was billed under that name. While an actress probably mostly known to silent film buffs today, she lived in some ways a life that touched upon many remembered personalities of the era, and which was also somewhat stereotypically Hollywood.  She introduced Edward to Wallis Simpson.

She died in 1944 at age 42 of pneumonia following surgery.  She has a star in the Hollywood Walk of Fame.  A significant number of her 134 films are lost or destroyed due to film deterioration.  Her appearances in the last eight years of her life were minor, and unaccredited, showing the decline of her star power in the talking era.

Stories like hers, however, demonstrate that the often held concept of great isolation of Wyomingites was never true.  Harris was one of at least three actors and actresses who were born in Wyoming and who had roles in the early silent screen era.  Of those, she was arguably the most famous having risen to the height of being a major actress by age 16.

1908   Major Harry Coupland Benson appointed acting Superintendent of Yellowstone National Park.

1916:   The Wyoming Tribune for November 29, 1916: Villa in the headlines
 

Scary headlines in the Tribune, which reported that Juarez, on the Mexican border, might be Villa's next target.

The Cheyenne State Leader for November 29, 1916: Chihuahua in Villa's hands = Carranza agreeing to Protocol?
 

The Leader made the curious assumption that Villa taking Chihuahua would cause Carranza to agree tot he draft protocol with the US that was designed to bring about an American withdrawal.

Now, why would that be the case? Carranza had been opposed to American intervention, but as it was, the American expeditionary force amounted to a large block of troops in Villas way if he really intended to move north.

A curious assumption.

And the US acting on behalf of besieged Belgium was also in the news.

1917   Thanksgiving 1917
 

Given the news of the day, it couldn't have been a cheery one.

President Wilson issued a proclamation, as was the custom:

 

By the President of the United States of America
A Proclamation
 It has long been the honored custom of our people to turn in the fruitful autumn of the year in praise and thanksgiving to Almighty God for His many blessings and mercies to us as a nation. That custom we can follow now even in the midst of the tragedy of a world shaken by war and immeasurable disaster, in the midst of sorrow and great peril, because even amidst the darkness that has gathered about us we can see the great blessings God has bestowed upon us, blessings that are better than mere peace of mind and prosperity of enterprise.

We have been given the opportunity to serve mankind as we once served ourselves in the great day of our Declaration of Independence, by taking up arms against a tyranny that threatened to master and debase men everywhere and joining with other free peoples in demanding for all the nations of the world what we then demanded and obtained for ourselves. In this day of the revelation of our duty not only to defend our own rights as nation but to defend also the rights of free men throughout the world, there has been vouchsafed us in full and inspiring measure the resolution and spirit of united action. We have been brought to one mind and purpose. A new vigor of common counsel and common action has been revealed in us. We should especially thank God that in such circumstances, in the midst of the greatest enterprise the spirits of men have ever entered upon, we have, if we but observe a reasonable and practicable economy, abundance with which to supply the needs of those associated with us as well as our own. A new light shines about us. The great duties of a new day awaken a new and greater national spirit in us. We shall never again be divided or wonder what stuff we are made of.

And while we render thanks for these things let us pray Almighty God that in all humbleness of spirit we may look always to Him for guidance; that we may be kept constant in the spirit and purpose of service; that by His grace our minds may be directed and our hands strengthened; and that in His good time liberty and security and peace and the comradeship of a common justice may be vouchsafed all the nations of the earth.

Wherefore, I, Woodrow Wilson, President of the United States of America, do hereby designate Thursday, the twenty-ninth day of November next as a day of thanksgiving and prayer, and invite the people throughout the land to cease upon that day from their ordinary occupations and in their several homes and places of worship to render thanks to God, the great ruler of nations.
In Witness Whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.

Done in the District of Columbia this 7th day of November in the year of our Lord one thousand nine hundred and seventeen and of the independence of the United States of America the one hundred and forty-second.

WOODROW WILSON

 The news, overall, was pretty grim:

The concern of what was going on with Russia, as can be seen, was mounting.

So what was Thanksgiving like in 1917 for average Americans?  This item from A Hundred Years Ago gives us a glimpse/  This ran on A Hundred Years Ago prior to the 2017 Thanksgiving.  I'm linking it in now, as the 1917 Thanksgiving was on this day, rather than the slightly earlier day in November we now celebrate it on.  An interesting look at earlier Thanksgivings:

Grandma’s 1914 Thanksgiving

Interesting that goose was the meat of choice.

1919  A four week coal strike causes as serious coal shortage in Cokeville, Wyoming. Attribution, Wyoming Historical Society.  Attribution:  Wyoming State Historical Society.

1931  An Oregon Trail marker was dedicated at Torrington. The decade of the 1930s saw an increased interest in Wyoming in marking the state's early history which was coincident with the pioneer generation passing away.

1942   Coffee
 

Coffee rationing began in on this day in 1942.

Smiling soldier.  I think he's drinking coffee.  I may have had to volunteer for service (which I likely would have done anyway) just in order to get a cup of coffee.

I would not have liked that.  Coffee roasters were already restricted to 75% of their war time prior average.  This resulted not due to fewer beans being produced during the war.  Not hardly. Rather, it resulted from the fact that this import crop is shipped to the continental United States

I think that's something that we tend not to ponder much. Coffee is a huge American drink, just like tea is a huge British drink, but in neither case do these consuming nations produce the elemental crop locally.  Given that, it's really amazing that either drink has such a hold in the consuming nation.  Indeed, by and large, with some slight exception, its not even grown in the Norther Hemisphere.  Kona coffee, grown in Hawaii, is the only coffee actually grown in the United States, in so far as I'm aware.

Just consider it for a moment.  The bean that is roasted to produce the crop is grown thousands of miles from the continental United States, roasted (often) in the US, and then packaged for sale here.  It's pretty amazing that there's more than a couple of varieties of it, frankly, or that its even affordable.

The Coffee Bearer, by John Frederick Lewis, Orientalist painter.  The same figure was a figure in his painting The Armenian Lady, whose servant she is portrayed as being.

As an aside, the second biggest coffee bean producer in the world (the first is Brazil) is. . . . Vietnam.

One more reason that not having prevailed in the Vietnam War is unfortunate, to say the least.

Well, anyhow, it's not cheap, as any coffee drinker will tell you. But it's not terribly pricey either.

And somehow, it's gone from a few basic brands to a wide variety of specialty brands and brews of every imaginable type and variety.

Coffee varieties have of course always existed.  Interestingly, one of the contenders for oldest coffee brand sold in the United States is Lion Brand which is Kona coffee.  Lion was first sold in the United States, as green coffee beans, in 1864.  Pretty darned early.  Hawaii wasn't an American territory at the time.  Folgers has them beat, however, dating back to 1850.  Hills Brothers dates to 1878.  Maxwell House to 1892.

Arbuckle Coffee, for some reason, was a huge item in the West in the late 1800s, showing how brands come and go.  I've never seen Arbuckles sold today, although it apparently still exists.  The owners of the company, John and Charles Arbuckle, owned a ranch near Cheyenne, although I don't know if that explains the connection with the West, or if perhaps that connection worked the other way around.

Now there's a zillion brands of coffee, many of which I don't recognize, and many which have pretensions towards coffee greatness.  This seems to have come about due to the rise of coffee houses, lead in a major way by Starbucks.  There's a Starbucks on every street corner now, it seems.  I'll be frank that I don't like their coffee much at all.  Too strong, and I like strong coffee.  Anyhow, the many specialty brews that Starbucks makes has spawned many various specialty coffees, or at least different coffees, to the extent to which a person can hardly keep track of it.  Over the weekend I was in City Brew, one of the local coffee houses, as well as Albertsons, where a Starbucks is located, and they both had "Christmas Blends".  How can there be a Christmas blend of coffee?

Chock full o' Nuts, a brand that, as the can indicates, has been around since 1932.  That was the date the company founder changed his nut shops into lunch counters, figuring that they were a better bet during the Great Depression.  I used to drink Chock full o' Nuts when I was in college but stopped as it seemed to have way too much caffeine.

Not that I'm complaining.  I frankly like the vast variety in coffee. And while I'm not inclined to buy something like Starbucks Free Range Easter Island Coffee Licked Gently By Baby Yaks, I will buy peculiar roasts just because the sound interesting. And I tend towards those dark roasts even if I sometimes wish I'd gotten something milder.

And it is interesting to see how coffee houses, following in Starbuck's wake, have popped up everywhere.  Just the other day I bought a sack of Boyer's coffee in the grocery store.  I was aware of Boyers, as they're a Denver brand with a Denver coffee house, but I wasn't aware that you could buy it up here.  Quasi local, as it were.  A great Denver coffee, with some good coffee houses is Dazbog, which plays up the Russian origin of the founders.  One of the independent local coffee houses here sells Dazbog, and its good stuff.  City Brew has outlets here in town, and apparently they're originally from Montana, which they play up with some of their roasts, even though we all know coffee isn't grown in Montana.  I'm told that Blue Ridge Coffee, another local coffee house that sells sacked coffee, is purely local.

And that doesn't cover every coffee house in town.  Quite the evolution when just a decade or so ago you'd have had to go to a conventional cafe and just have ordered the house coffee, whatever that was.  No special roasts or blends.  Just a up of joe.

And I prefer to buy from the locals as well.  Subsidarity in action, I suppose.  Indeed, I'm not told that I can buy Mystic Monk sacked coffee at the Parish Office, and I likely will.

In the grocery store, for the most part, you bought the major brands.  Most of those are still around,  but now you can buy any number of major and minor brands.  I even have a coffee grinder, although that certainly isn't a new invention, although most of the time I buy pre ground coffee.  Indeed, I got the grinder as I bought whole bean coffee by mistake, which I've done from time to time, and I don't want to waste it.

Using coffee grinders, of course, is an odd return to the past. Everything old is new again, sort of.  But the huge variety, of course, is wholly new.

Industrial strength coffee grinder.

____________________________________________________________________________________

Related threads:

Coffee

The Science Behind Coffee and Why it's Actually Good for Your Health

Blog Mirror. A Hundred Years Ago: Keep Coffee Warm with a Thermos

National Coffee Day.

The Joy of Field Rations: Roasting Coffee in the Field

October 31

Today is Halloween

1782  A Court established at Trenton, New Jersey that Pennsylvania owned the Wyoming Valley but that the claims of Connecticut settlers to land titles should be honored  Ownership of the Wyoming Valley, after which the State of Wyoming was named, had been disputed between the two colonies, now states.

1822 Mexican Emperor Agustín de Iturbide dismissed the Mexican Congress to attempt to rule via  a junta.

1831  John W. Hoyt, Wyoming's Third Territorial Governor, born in Ohio.

1888  Stewart v. Wyoming Cattle Co. was argued in front of the United States Supreme Court.  The case involved an action brought by the British owned and Edinburgh Scotland headquartered Wyoming Cattle Ranch Company against John T. Stewart, a citizen of Iowa over alleged misrepresentations in the sale of horses and cattle.

The decision read:

Stewart v. Wyoming Cattle Ranch Co., 128 U.S. 383 (1888)

Stewart v. Wyoming Cattle Ranch Company
No. 52
Argued October 31, November 1, 1888
Decided November 19, 1888
128 U.S. 383
ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE DISTRICT OF NEBRASKA

Syllabus

Although silence as to a material fact is not necessarily, as matter of law, equivalent to a false representation, yet concealment or suppression by either party to a contract of sale, with intent to deceive, of a material fact which he is in good faith bound to disclose, is evidence of, and equivalent to, a false representation.

Instructions given to a jury upon their coming into court after they have retired to consider their verdict, and not excepted to at the time, cannot be reviewed on error, although counsel were absent when they were given.

Affidavits filed in support of a motion for a new trial are no part of the record on error, unless made so by bill of exceptions.

The case is stated in the opinion of the Court.
MR. JUSTICE GRAY delivered the opinion of the Court.

The original action was brought by the Wyoming Cattle Ranch Company, a British corporation having its place of business at Edinburgh, in Scotland, against John T. Stewart, a citizen of Iowa. The petition contained two counts. The first count alleged that the defendant, owning a herd of cattle in Wyoming Territory, and horses going with that herd, and all branded with the same brand, and also 80 short-horn bulls, and 700 head of mixed yearlings, offered to sell the same, with other personal property, for the sum of $400,000, and at the same time represented to the plaintiff and its agent that there had already been branded 2,800 calves as the increase of the herd for the current season, and that the whole branding of calves and increase of the herd for that season would amount to 4,000, and that, exclusive of the branding for that year, the herd consisted of 15,000 head of cattle, and that there were 150 horses running with it, and branded with the same brand; that, had the representation that 2,800 calves had been branded been true, it was reasonable from that fact to estimate that the whole branding for that year would be 4,000 head, and that the whole herd, exclusive of the increase for that year, was 15,000 head; that the defendant, when he made these representations, knew that they were false and fraudulent, and made them for the purpose of deceiving the plaintiff and its agent, and of inducing the plaintiff to purchase the herd, and that the plaintiff, relying upon the representations, and believing them to be true, purchased the herd and paid the price.
The second count alleged that the defendant had failed to deliver the bulls and yearlings as agreed.

At the trial the, following facts were proved:

The defendant, being the owner of a ranch with such a herd of cattle, gave in writing to one Tait the option to purchase it and them at $400,000, and wrote a letter to Tait describing all the property, and gave him a power of attorney to sell it. He also wrote a letter describing the property to one Majors, a partner of Tait. A provisional agreement for the sale of the property, referring to a prospectus signed at the same time, was made by Tait with the plaintiff in Scotland, a condition of which was that a person to be appointed by the plaintiff should make a favorable report. One Clay was accordingly appointed, and went out to Wyoming, and visited the ranch . Certain books and schedules made by one Street, the superintendent of the ranch ,were laid before him, and he and the defendant rode over the ranch together for several days. Clay testified that, in the course of his interviews with the defendant, the latter made to him the false representations alleged in the petition, and requested him to rely on these representations, and not to make inquiries from the foreman and other persons, and that, relying on the representations, he made a favorable report to the plaintiff, which thereupon completed the purchase. The plaintiff also introduced evidence tending to prove the other allegations in the petition. The defendant testified that he never made the representations alleged. The jury returned a general verdict for the plaintiff in the sum of $55,000, upon which judgment was rendered, and the defendant sued out this writ of error.

No exception was taken to the judge's instructions to the jury upon the second count. The only exceptions contained in the bill of exceptions allowed by the judge and relied on at the argument were to the following instructions given to the jury in answer to the plaintiff's requests:
"14. I am asked by the plaintiff to give a number of instructions, a portion of which I give, and a portion of which I must necessarily decline to give. My attention is called to one matter, however, and as I cannot give the instruction as it is asked for, and as the matter it contains is, as I think, of the first importance, I will state my own views upon that particular point."

"I am asked to say to the jury, if they believe from the evidence that, while Clay was making the inspection, Stewart objected to Clay making inquiries about the number of calves branded of the foreman and other men, and thereby prevented Clay from prosecuting inquiries which might have led to information that less than 2,000 calves had been branded, the jury are instructed that such acts on the part of Stewart amount in law to misrepresentations."

of cattle, and the number of horses, and the condition of the ranch ,and the number of calves that would probably be branded; if the company sent him there as an expert for the purpose of determining all those things for itself and for himself, and relied upon him, and he was to go upon the ranch himself, and exercise his own judgment, and ascertain from that, without reference to any conversation had with Stewart, then it would make no difference. But while he was in pursuit of the information for which he went there, Stewart would have no right to throw unreasonable obstacles in his way to prevent his procuring the information that he sought and that he desired. If the testimony satisfies you that they did go there together, while Clay was making efforts to procure the information which he did, and while he was in pursuit of it, and while he was on the right track, Stewart would have no right to throw him off the scent, so to speak, and prevent him in any fraudulent and improper way from procuring the information desired, and, if he did that, that itself is making, or equal to making, false and fraudulent representations for the purpose in question. But if Stewart did none of these things, then, of course, what is now said has no application."

"In reference to that point, I feel it my duty to say this to the jury: that if the testimony satisfies you that after all the documents in question that have been introduced in evidence here went into the hands of the home company in Scotland, where it had its office, and where it usually transacted its business, if it was not satisfied with what appears in those papers, and if it did not see proper to base its judgment and action on the information that those papers contained, but nevertheless sent Clay to Wyoming to investigate the facts and circumstances connected with the transaction, to ascertain the number". In determining whether Stewart made misrepresentations about the number of cattle or the loss upon his herd or the calf brand of 1882, the jury will take into consideration the documents made by Stewart prior to and upon the sale -- namely the power of attorney to Tait, the descriptive letter, the optional contract, letter to Majors, schedules made by Street, provisional agreement and prospectus, and his statements to Clay, if the jury finds he made any, upon Clay's inspection trip, and if the jury find that in any of these statements there were any material misrepresentations on which plaintiff relied, believing the same, which has resulted to the damage of the plaintiff, the plaintiff is entitled to recover for such damage."

If the jury find from the evidence that Stewart purposely kept silent when he ought to have spoken and informed Clay of material facts, or find that by any language or acts he intentionally misled Clay about the number of cattle in the herd, or the number of calves branded in the spring of 1882, or by any acts of expression or by silence consciously misled or deceived Clay, or permitted him to be misled or deceived, then the jury will be justified in finding that Stewart made material misrepresentations, and must find for the plaintiff, if the plaintiff believed and relied upon the representations made by the defendant."

The judge, at the beginning and end of his charge, stated to the jury the substance of the allegations in the petition as the only grounds for a recovery in this action; and at the defendant's request, fully instructed them upon the general rules of law applicable to actions of this description, and gave, among others, the following instructions:". In order to recover on the ground of false representations, such false representations must be shown to be of a then existing matter of fact material to the transaction, and no expression of opinion or judgment or estimation not involving the assertion of an unconditional fact can constitute actionable false representation, and in such case the jury must find for the defendant on the first count in the petition."

" In order to justify a recovery, it must be shown by proof that the plaintiff's agent relied upon the alleged false representations and made them the ground and basis of his report, but that he was so circumstanced as to justify him in so relying upon and placing confidence in said representations, and if it appears that he had other knowledge or had received other representations and statements conflicting therewith sufficient to raise reasonable doubts as to the correctness of such representations, then there can be no recovery on the first count."

The judge, of his own motion, further instructed the jury that they were to decide upon the comparative weight of the conflicting testimony of Clay and of the defendant, and added:
"It seems to me that the first count must hinge upon that one point, because if there was no statement made by Stewart to Clay with reference to the number of calves that were branded during this trip of inspection of the ranch, then it seems to me that the whole theory which underlies the claim of the plaintiff must be an erroneous one."

Taking all the instructions together, we are of opinion that they conform to the well settled law, and that there is no ground for supposing that the jury can have been misled by any of the instructions excepted to.

In an action of deceit, it is true that silence as to a material fact is not necessarily, as matter of law, equivalent to a false representation. But mere silence is quite different from concealment. Aliud est tacere, aliud celare -- a suppression of the truth may amount to a suggestion of falsehood. And if, with intent to deceive, either party to a contract of sale conceals or suppresses a material fact which he is in good faith bound to disclose, this is evidence of and equivalent to a false representation, because the concealment or suppression is in effect a representation that what is disclosed is the whole truth. The gist of the action is fraudulently producing a false impression upon the mind of the other party, and if this result is accomplished, it is unimportant whether the means of accomplishing it are words or acts of the defendant or his concealment or suppression of material facts not equally within the knowledge or reach of the plaintiff.

The case of Laidlaw v. Organ, 2 Wheat. 178, is much in point. In an action by the buyer of tobacco against the sellers to recover possession of it, there was evidence that before the sale the buyer, upon being asked by Girault, one of the sellers, whether there was any news which was calculated to enhance its price or value, was silent, although he had received news, which the seller had not, of the Treaty of Ghent. The court below, "there being no evidence that the plaintiff had asserted or suggested anything to the said Girault calculated to impose upon him with respect to the said news and to induce him to think or believe that it did not exist," directed a verdict for the plaintiff. Upon a bill of exceptions to that direction, this Court, in an opinion delivered by Chief Justice Marshall, held that while it could not be laid down as a matter of law that the intelligence of extrinsic circumstances which might influence the price of the commodity, and which was exclusively within the knowledge of the vendee, ought to have been communicated by him to the vendor, yet at the same time, each party must take care not to say or do anything tending to impose upon the other, and that the absolute instruction of the judge was erroneous, and the question whether any imposition was practiced by the vendee upon the vendor ought to have been submitted to the jury.

The instructions excepted to in the case at bar clearly affirmed the same rule. The words and conduct relied on as amounting to false representations were those of the seller of a large herd of cattle, ranging over an extensive territory and related to the number of the herd itself, of which he had full knowledge or means of information not readily accessible to a purchaser coming from abroad, and the plaintiff introduced evidence tending to show that the defendant, while going over the ranch with the plaintiff's agent, made positive false representations as to the number of calves branded during the year and also fraudulently prevented him from procuring other information as to the number of calves, and consequently as to the number of cattle on the ranch.

In giving the fourteenth instruction, the judge expressly declined to say that if the defendant prevented the plaintiff's agent from prosecuting inquiries which might have led to information that less than 2,000 calves had been branded, such acts of the defendant would amount in law to misrepresentations, but, on the contrary, submitted to the jury the question whether the defendant fraudulently and improperly prevented the plaintiff's agent from procuring the information demanded, and only instructed them that if he did, that was making, or equal to making, false and fraudulent representations for the purpose in question.
So the clear meaning of the sixteenth instruction is that the jury were not authorized to find material misrepresentations by the defendant unless he purposely kept silent as to material facts which it was his duty to disclose, or by language or acts purposely misled the plaintiff's agent about the number of cattle in the herd or the number of calves branded, or, by words or silence, knowingly misled or deceived him, or knowingly permitted him to be misled or deceived in regard to such material facts, and in one of these ways purposely produced a false impression upon his mind.

The defendant objects to the fifteenth instruction that the judge submitted to the jury the question whether the defendant made misrepresentations about the number of cattle, and about the loss upon the herd as well as about the calf brand of 1882. It is true that the principal matter upon which the testimony was conflicting was whether the defendant did make the representation that 2,800 calves had been branded in that year. But the chief importance of that misrepresentation, if made, was that it went to show that the herd of cattle which produced the calves was less numerous than the defendant had represented, and the petition alleged that the defendant made false and fraudulent representations both as to the number of calves branded and as to the number of the whole herd. So evidence of the loss of cattle by death beyond what had been represented by the defendant tended to show that the herd was less in number than he represented.

The remaining objection argued is to an instruction given by the judge to the jury in response to a question asked by them upon coming into court after they had retired to consider their verdict. It is a conclusive answer to this objection that no exception was taken to this instruction at the time it was given or before the verdict was returned. The fact that neither of the counsel was then present affords no excuse. Affidavits filed in support of a motion for a new trial are no part of the record on error unless made so by bill of exceptions. The absence of counsel while the court is in session at any time between the impaneling of the jury and the return of the verdict cannot limit the power and duty of the judge to instruct the jury in open court on the law of the case as occasion may require, nor dispense with the necessity of seasonably excepting to his rulings and instructions, nor give jurisdiction to a court of error to decide questions not appearing of record.

Judgment affirmed.

1890  A butcher in Merino was arrested for stealing cattle.  Attribution:  Wyoming State Historical Society.

1903  The Battle of Lightning Creek occurred in Weston County Wyoming when Sheriff William Miller and a party of men under his leadership, having already arrested twelve Sioux in the area for hunting violations, engaged in a firefight with Sioux under Chief Charley Smith.  Miller, Deputy Louis Falkenberg and Chief Smith died in the battle.  Nine Sioux men alleged to have participated, and twelve women, were later arrested by Crook County Sheriff Deputy Lee Miller, but they were released for lack of evidence.

1916   The Wyoming Tribune for October 31, 1916: Wyoming Guard returning?
 

On the last day of October, the Wyoming Tribune was reporting rumors that the Wyoming and Colorado National Guard would be returning to Wyoming to muster out.

A big Russian offensive in the war was big news, and the Tribune was campaigning for the Republican candidates.

1918 October becomes the deadliest month of the 1918 Flu Epidemic in the US.

Amongst those who would be infected by the disease was my great aunt Ulpha, who did not die immediately of it, but who was so weakened that she would never recover, and would die a few years later.

1918  Countdown on the Great War, October 30, 1918: French reach the Aisne, Central Powers collapse in the Balkans, Revolution in Hungary, the war stops in the Middle East

1.  French forces reached the Aisne River.

2.  In the Balkans the Italians and French took Shkoder Albania, while the Serbs took Podgorica, Montenegro.

3.  Combat stopped in the Middle East with the formal surrender of the Ottoman Empire.

In Cheyenne they learned of the Ottoman's quitting. . . and also the residence problems of the former Governor Osborne.

They learned the same in Laramie. . . where nurses were being called due to the flu and the next conscription cohort was being notified.

4.  Hungarian revolutionaries seized public buildings and King Charles IV was forced to recognize the success of the coup.  Austro Hungaria as a political entity was effectively over.

1922  Anthony Raich of Kemmerer is granted a patent for a Lunch Pail.

1938 The day after his "War of the Worlds" broadcast had panicked radio listeners, Orson Welles expressed "deep regret" but also bewilderment that anyone had thought the show was real.

1941 U-552 sinks USS Reuben James (DD-245), the first US ship lost in WW II, although the ship, which was assigned to escort duty and was based at Hvalfjordur, Iceland, was not in a declared war from the US prospective. The sinking is memorialized in a Woody Guthrie song, set to the tune of Wildwood Flower. The sinking itself was a case of mistaken identity, as the ship's profile was essentially identical to some US ships transferred earlier to the British. The crew of the U-552 didn't realize for several days that they had sunk an American vessel, and only learned of that by way of a British radio broadcast.

Have you heard of a ship called the good Reuben James
Manned by hard fighting men both of honor and fame?
She flew the Stars and Stripes of the land of the free
But tonight she's in her grave at the bottom of the sea.

Tell me what were their names, tell me what were their names,
Did you have a friend on the good Reuben James?
What were their names, tell me, what were their names?
Did you have a friend on the good Reuben James

Well, a hundred men went down in that dark watery grave
When that good ship went down only forty-four were saved.
'Twas the last day of October we saved the forty-four
From the cold ocean waters and the cold icy shore.

It was there in the dark of that uncertain night
That we watched for the U-boats and waited for a fight.
Then a whine and a rock and a great explosion roared
And they laid the Reuben James on that cold ocean floor.

Now tonight there are lights in our country so bright
In the farms and in the cities they're telling of the fight.
And now our mighty battleships will steam the bounding main
And remember the name of that good Reuben James.

1942  Birth of Wyoming educator and politician, Tom Walsh (death January 1, 2010), in Thermopolis Wyoming.

1942.  Residents of the town of Parco voted to change the name of the town to Sinclair.

1942 Production of new typewriters ceased in the United States as manufacturers had switched over to war materials.

1945  Wyoming Game and Fish agents Bill Lakanen and Don Simpson were shot and killed responding to a report of poaching in the Rawlins, Wyoming area. They are two of five Wyoming Game and Fish employees to be killed in the line of duty.  Their case is particularly unique as there was at least a suspicion that their killer, a native German known to be sympathetic with recently defeated Nazi Germany, and there had been some earlier reports of interior radio traffic in the general region (a very broad area) directed towards German receipt regarding the weather, a fact useful to submarines.  This, however, was not proven to be anything, and the FBI did not track down the source of the alleged broadcast.  The suspected killer was never found, but was believed to be inside a cabin located where the Game Wardens were killed.

1996 The State of Wyoming's lease on Ft. Bridger concludes.  The following day the property passed into the ownership fo the Fort Bridger Historical Association..

1999 Samuel Knight chosen as Wyoming's Citizen of the Century by  the University of Wyoming's American Heritage Center.  Knight was a long time and influential geology professor at the University.

2007 A 4.0 earthquake occurred 93 miles from Riverton.