, 1864-02-06
TRIAL OF THE MAGRUDER MURDERERs.

sOrbin9 and impressive trials known in the
history of Territories has just transpired at
this place. The murder of Magruder and
his companions is already deed of notori-
ETY. to the people of the Pacific coast and
the border Territories.
The hot pursuit by Hill Beachy, and his
tireless efforts for the capture and return of
the alleged perpetrators of the crime,-their
arrest in San Francisco, the attempt to re-
lease them under the writ of haJeas corpus
and the several hearings before the courts
of California, the surrender of the prisoners
and their return to Idaho, are all matters of
public record.
The extensive acquaintance of Magruder
and his wide popularity, previous rep
utation Of the accused, and the reported
confession Of Page Gan accomplice in the
bloody work. attesting the inhuman butch
cry Of their jOurneying companions con
spired to arouse public feeling-the inten-
sity Of which has been seldom equaled
The unorganized and inchoate condition
of Idaho, touching its executive, legislative
OR judicial proceedings, rendered the imme-
diate trial of the prisoners by the literal
requirements of the law, to say the least,
extremely embarrassing.
In November the Governor divided the
Territory into judicial districts and assigned
the Judges to each. The Legislature con
vened on the 4th Dec, ultimo, and promptly
enacted law prescribing the districts Of the
Territory and reassigning the judges thereto;
also providing that special term should be
held at Lewiston in Nez Perce county, the
first Monday in January 1864.
Tbo orieopo,, bo,v;r,r v,o;,-o1 ov
tion, grand jury was summoned pursuant
to the law of Washington Territory for the
session of the court provided for by the Ida
no legislature.
Judge Smith having been assigned to this,
the first district, was absent from the Terri
tory, and the court by order of the Cover
nor, pursuant to law, was opened by his
Honor, justice Samuel Parks, of the second
judicial district.
Upon empanneling the grand jury, tie
counsel retained for certain alleged Grim
mails, moved to set aside the venire on the
ground that the jury had not been sum
moned in accordance with statute, which re-
quires they should be taken from the whole
district, instead of the county, as the venire
commanded, and for the further reason that
the act of Washington Territory creating
the county Of Nez Perce was void, for the
reason that the county was comprised within
the boundaries Of section Of country set
apart by the United States as an Indian res
'ervation, and therefore not within the iuris-
dction of a territorial court. The court en-
tertained the motion of the counsel, for the
reason first above stated, discharging the
grand jury and forthwith ordering another
venire, whereby the same grand jurors were
resummoned. The grand jury in due time
brought in bill OF Indictment for murder
In the first degree, against David Renton,
Christopher Lowrie and James I. Roman.
The counsel for the defense moved to quash
the indictment ON the ground that the time
and place were not alleged with sufficient
certainty, and for the reason that there was
no conclusion to the several events The
argument to quash was well and ably pre-
sented by the counsel for the defeuse, but
was Overruled by the court and the indict-
ment sustained. The prisoners were ar
raigned, and each plead "not guilty"
Several days were consumed in obtaining
jury and more than an hundred men sum
moned and interrogated before the panel
was complete.
Gray, for the territory Of Idaho
There were several witnesses introduced
in behalf of the territory, but the chief in
tgrest was directed to the testimony of Viii
liam Page, who was an accomplice, if not
participator in the alleged murder Like
the other three Page was brought, from San
Francisco in chains, but since his confine-
mement in Lewiston he made the confess
sion which was introduced as evidence be-
fore the jury, and upon which his three
companions have just been convicted. His
tale portrays one of the most bloody and
barbarous homicides known to the records Of
civilized society, namely the savage butch
cry of five men, while asleep and uuguarded.
The deed has scarcely parallel for horror
and atrocity, even in the annals Of the red
man. The story of Page was told without
equivocation or material deviation, and OBJ
viously carried conviction of the guilt of the
accused in the minds Of both jurors and
spectators
The cross examination conducted by w.
w. Thayer was protracted and severe but
failed to elicit anything new or directly con
ficting.
The associates of Mr. Attorney Gray,
Judge Kelly, Of Boise county, and W. q.
Rhoem, of Beaver Head, argued the cause
for the prosecution. The former opened
and reviewed the testimony John W. An
derson followed for the prisoners and deliv-
cred an argument characterized by superior
;b.lity, enlarged legal requirements, deep
thought, and earnest manly effort. W. W.
Thayer next addressed the jury in behalf of
the defendants; displaying a thorough fa-.
miliarity with constitutional and common
law, and a complete mastery Of the res gestar
of the pending cause. MIR. Rheem closed
for the prosecution in a neat, elegant and
touching speech.
Saturday evening last this cause was sub
mitted to the jury and the verdict of guilty
was soon returned and jury discharged. The
counsel for the defendants filed motion to
arrest Judgment and the court adjourned