The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, 1869-03-25
THE TRIAL OF SIMEON WALTERS.

THE TRIAL OF SIMEON WALTERS.
Charged with the Murder Of J. L. Bacon
tContinued from last weeks ISSUE
We traced the testimony of the prosecution, in ou
issue of last week. up to Oct 31st and now continue
on from that:
OF the party of five who left Boise City, in quest Of
tracks and traces of Walters and the assumed homi
eide of Bacon, Austin Savage, the u S. Revenue AS
sessor for Idaho was the most searching and intel
gent witness He stepped the distances to and from
the road and the little island in Dry Creek and near
about the alleged scene of the murder; OF the buggy
tracks made as first discovered by Bernard and Bah
inqton. and which corroborated the theory OF the
prosecution; and it was he who discovered the old
rough boots which were identified to be the same
that Bacon wore when he left Demands house, on
the morning of the day of his alleged murder, Oct
21st in the buggy with Walters to 60 to Boise City
From Dry Creek on to Snake river Mr. Savage traced
The same buggy tracks; traced them to the point
where the horses had been halted near the north
bank of the river, and from where, it is assumed,
Walters carried the corpse of his victim from the
buggy and cast it into the stream; and subsequently
he found buggy tracks about ten miles down the
river on the south bank, where, it is also assumed
Walters drove on the 3d. to see If any trace could be
discovered of the body. Of all these measurements
and trackings, Mr., Savage made careful memoranda
ut the time so that he could not be mistaken in his
data in giving testimony. and his evidence was direct
clear, and very strong.
From this time to Dec. 1st or Cd. nothing addition
al of testimony in the case was gathered. All this
time the death of Jos. L. Bacon could not have been
positively substanatsd although the circumstantia
evidence leading that conclusion was very strong
such as the finding of his hat with blood marks upon
the under part of the r the cots of blood near by
where body had manifestly lain, the fin !hs of his
boots near the spot and the failure to obtain any
trace whatever of him. by his daughter, his friends,
and others in quest him. after the 21st Of October
between II and IL O'Clock, morning. when Jackson
had seen Bacon sitting in the buggy, to the right OF
Walters, few miles from Records, going towards
Dry creek and Boise City. and when he Jackson es-
pecaly observed that Walters sat upon the left side
of the buggy seat. and was drivinS-a very unusual
thing in buggy or team driving. nearly all persons
sit upon the right side to drive.
Late in November, the Grand Jury OF Ada county
returned true bill of indictment against Walters for
the murder of Bacon, and he brought before the
Ada county District Court Chief Justice Bowers pre-
siding, upon that charge during that month. but on
motion Of his counsel. Judge Hough and II. E.
Prickett ESQ., he obtained continuance until next
term.
On the LIST or I'd of December, while Frank Money
and man named Miller were hunting cattle down
along Snake river. about twenty-five miles below
Fruits ferry, early in the morning, they saw on the
bank of the river small jutting point, near some
willows, the body of The feet and portion
of the legs were in the water. On examining the
body, they found the flesh had been nearly all eaten
away by cayotes and birds. Two holes, if made
by the entrance from behind and exit in front Of
bullet, were discovered in the skull One leg and
one of the feet in very fair state Of preservation
and the flesh just about the left eye, the cheek
and forehead. had not been torn picked at. The
clothes on the body, heavy wooden shirt and pan
falcons, were in fair condition. few inches from
the head of the corpse Money found glass eye, Of
brown color. These remains were, upon a coroner's
INQUEST held few days after recognized to be that of
Joseph L. Bacon. 1t seems that Bacon had deform-
ty in the toes of both feet, caused by their having
been frozen two three years ago. and the great
of each foot turned inward. The great toe joints
were also much enlarged on both feet, and he was
obliged always to boots two three sizes larger
than his foot, because Of this deformty McCleary
and Bernard, who had most intimately known Bacon.
and had often seen and particularly observed his
feet readily identified the feet of the corpse by this
stated popularity. Bacon had also worn a brown |
glass eye in the socket of the left eye and the brown
glass eye picked up by Money near the corpse was
identified by the witnesscs-McCleary and
Bernardo be the glass eye worn by Bacon. Ber-
nard and Darlington both knew very well that Bacon
always wore glass eye. but neither of them could
left eye which sightless. But Mr. McCleary, who
had rented and was living at that time in Bacon
house. very positively that it the left eye
which was out and in the left socket Bacon the
glass eye. The point made by the prosecution in
proving that Bacons left eye sightless that
the occasion of taking Bacon in the buggy with him
on Oct 21st-the last day. 1t in proof, that Bacon
was seen alive-to 60 from Bernards house to Boise
City, the knowledge OF this defective vision Of
Bacon's which caused him (Waters) to put Bacon on
the right sde and to sit the left side of the buggy
himself and it while the two were sitting in this
position that he shot Bacon through the head This
theory was borne out the of the wound
found in the skull of the corpse-which had been
pierced by bullet that entered at the base of the
brain Just behind the lower part of the left and
came out Immediately over the right eyebrow. An
examination of the skull and this wound. before the
Coroner's inquest, by DR.. Bishop, an eminent and
r