Owyhee semi-weekly tidal wave. [volume] (Silver City, Owyhee County, Idaho Territory) 1868-1869, 1869-03-30

"a yhVfsis VI thc tucoiS VI "hiOh We taee
week collated from the Idaho World, is con-
tinued in that paper in its issue Of March
25th. An account of the party who left
Boise City to search for the body Of Bacon
is given at great length, including the finding
of some coffee bought by Walters for Ber-
nard and lost ON the way, tracking of the
buggy to the river, the subsequent finding of
the body twelve miles below by Mooney and
Miller, ETC.. etc, filing whole page OF the
paper The circumstantial evidence IN the
case is most conclusive and convincing, yet
it is circumstantial, nevertheless, as DO posi-
tive proofs have been elected. The Court
and Jury have done their duty, and arrived
at the only reas enable conclusion that could
have been deduced from the testimony; yet
could there be any reasonable theory that
could explain away so damning crime in
one so young gifted with fair share of in
teligence, education and address, one with
whom we have been on terms Of intimate
acquaintance, one who had access to good
society, and whose conduct, as we had ample
opportunity to observe, among the friends of
his childhood, was unexceptionsble, we would
gladly receive and adopt it; or if no better
solution consistent with even partial excuse
for such apparent abandonment Of every at
tribute of humanity, we would willingly
seize upon insanity were there particle Of
evidence to sustain that view of the case;
but in reading the gist Of the testimony in
all its sckening details, there appears to be
no link in the horrible chain wanting to bind
the prisoner fast to the great crime OF which
he has been convicted, and no palliating cir
cumstance has yet revealed itself to plead
for mercy or offer an excuse. We copy from
the World of the 25th tho following state
ment of the prisoner, sentence of death by
Judge Bowers, and closing scene in the Courl
House at Idaho City on the 24th:
STATEMENT OF WALTERS
After the witnesses for the defence had
given their testimony, the counsel called
Simeon Walters TO the stand in his own be-
half His statement was given in ready fow,
but under the skillful and trying cross-exam-
alton by Col Merritt, tfcr the prosecution)
Walters became confused, and involved him
self in some grave contradictions and cross
statements. In the main he admitted all the
| leading facts testified TO by the witnesses ior
| the prosecution, in the following
| particulars: that, on the 2lst, when Killer
said only Walters was in the buggy, Bacon
a
| con rode into the edge OF Boise City with
| him: that he paid Bacon 81, 800 land not
| 81 200. as Bernard swore Walters told himl,
| in greenbacks-one bill OF 81, 900. two bills
| of 800 each, and the remaining 500 in
| small bills of IS and $40 each; that Bacon
| subsequently, met him and gave him the
| deeds: that he sold pair OF derrlDSerS TO
| Bacon. on their way to town, for $4Oi that
| Racon gave him his revolv or to sell for what
| he could get for it; that he did sell it to Heyd
| for sI2 greenbacks; that Bacon was satisfied
with the sale, and paid him (Walters) the dill
ference all but $s-which Bacon yet owes
| on account of the derringer purchase; that
| he got Bacon's trunk from Polk's because he
| understood Bacon to ask HIM to bring 1t, and
| that when he did Bacon told him that he had
NOT asked for it, but since he had brought II,
| all right, and to deposit it in some safe place.
and he (Waltersl took it to Roth's lhese
| are the only actually important points III
| walters, statement in his own behalf he
| failed TO satisfactorily account for his ride
| the whole night Of October 2lst and I'd the
| iaded condition OF his horses on the morning
Of the 22d; the horseback ride on that DAY
the spiIling OF the coffee; his conduct subse-
| ouently to the 2lst, and OF sther matters ID
evidence against him
THE SENTENCE OF DEATH.
Simeon Walters, you have been indicted
by the Grand Jury OF Ada County for the
murder OF Joseph L. Bacon, at said county,
on the 21st day Of October last. Upon your
own motion and showing the cause was re-
moved to this county, where you have had
fair and impartial trial before ajury oil youl
countrymen, in which you have been AIDED
by faithful and intelligent counsel
After patient and deliberate investigator
of your case, the jury have been competed
by their oaths to pronounce you guiity.-
Have you anything to say why the sentence
of the law should not be pronounced agains
your
Tho feelings with which enter upon I'M
discharge OF tho duty which devolves upoi
the Court, and which am now about 70 por
form, are painful in the extreme 10 pro
| noupce the sentence which is to cut q fellow
| mortal off from society, to deprive him Q
| existence. and TO send him TO the bar oil hi
Creator is under all circumstances mos
painful to q Court, and especially Is II pau
, ful TO me, now, for the first tImo IN my me
called upon to act under such circumstance
The punishment of death has oeen pr
. II trfia