- 45 -
The Court has reviewed the accuracy of the cattle numbers in
Mr. Daily’s and Mr. Favre’s respective reports. Generally, the
Court found Mr. Daily’s numbers fairly reliable, although it is
possible he may have missed or omitted relatively small numbers
of cattle. It is further to be noted that, in a number of
instances, Mr. Daily obtained signed statements in which the Hoyt
organization cattle managers at particular locations essentially
agreed with the numbers of cattle Mr. Daily had counted at those
locations. In contrast, the Court found a number of instances
where Mr. Favre’s report numbers were significantly at variance
with his tally sheets. Moreover, an even more substantial
problem exists with respect to his counting the same cattle more
than once. Our examination indicates that his actual duplication
rate may far exceed the 9.6-percent duplication rate petitioners
have conceded.
Mr. Favre stated that he returned to certain locations to
count new cattle that had arrived at those locations. He claimed
he avoided counting again any cattle he had already counted,
because, according to him, he would have recognized if he had
seen those cattle before by their appearance and through using
his intuition. In a related connection, Jay Hoyt did testify
that different colored tags were used by the Hoyt organization in
various parts of the country and that sometimes the same tag
number might appear on the different colored tags worn by two
Page: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 NextLast modified: May 25, 2011