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Show 275 " A. Yes sir. " Q. Were you following a road from that point on? " A. Followed Indian trails most of the time " Q. Just answer whether you were following a road or not " A. No sir R. 708- 710. ( Note: Discussion by counsel.) R. 710. " Q. Mr. Spencer, do you refer to an Indian trail as a road? " A. No sir. " Q. Just state for the record what the difference is. " A. Where Indians has got to work at a place to go through horseback, is all. " Q. A road is a place where a wagon has traveled, isn't it? " A. Where they have a wagon road, yes. " Q. When you speak of a road, does that imply the presence of a couple of ruts over which a vehicle has traveled? " A. Naturally I would speak of a road that you can go over right with a wagon, that has been traveled over once in a while. If just a wagon track, I wouldn't call it a road." R. 710. About a year elapsed between the first and second trip and he has been freighting ever since. He hauled a machine into the mouth of McElmo east of Bluff about thirty five miles on the San Juan River. He only made the two trips down to Bluff between 1893 and 1901. The balance of the time was up above Bluff on the San Juan. R. 711- 712. While he was freighting he used to go to Bluff or below on horse- back. He would go there in search of cattle as the whole country was their winter range east of Bluff. |