The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, 1869-03-25

ucr Movers Of Walters visit TO their hay ranch on
snake river. and by Walker and BOYLE, tina, Boyle
rode in the buggy with Walters. October ga. and
;hey stopped IA, KitcAcy'r.
brArGMIST "a wALEGls.
After the witnesses for the defence la. given their
testimony the counsel called Simeon Walters 10 the
stand in his own hchaN HIS statement gwen i.
ready hyw bu, under The trying and sL!l.iu! crosa
examination h. Cd. Merritt. ttr the prosccu;.onj
Walters became confused. aad involved E!inaclf III
some grave contradictions and crosss;a;cmcnts. III
tile he admitted all IL" leading facts tes:tncd to
by the witnesses fsr tho prosccuuon.-c2c"pi =. the
folio Sinr particulars that. the 4ist. whom ki!cr
said only Walters III the buggy. Bacon also
in 1t. lying down. asleep; tina; bacon rode into ;hc
edge Of Boise city with him; that he paid Bacon ST.,
800 and not 81 300. : BERNARD sworc Walters told
him. in grccnbacks-onc bill @: Sioco. two balls o:
SlOo each aud the remaining 500 in small bills Of
$ and $40 each: ,ha; Bacon subsequently, me, hita
al gave him the deeds: thA; he sold pair If der
ringers to Bacon. on their way 10 town. for $40 tha,
Bacon gave him his rcsoyo. 10 sell for wha; he could
yet for IT, tina, he did sell it 10 cyd for s2 green
backs: tina; Bacon was satisfied with the tale. aud
paid him Walters the difference all but Ss-which
Bacon yet owcs--on account Of the derrnecr pur
chase that he got Bacons trunk from Folks because
he understood bacon to ask him 10 bring it, and that
when he did Bacon told him he had asked for H.
bu, since he brought It. all right and to deposit it
in some safe place and he Waltcrsl then took il t.
Roth's These the only actually important points
in Waters statement in his behalf He failed
t. satisfactorily account for his ride the whole night
Of October 2lst and ed the jadcd condition of his
horses the morning OF the 22d the horseback ride
on that day: the splitting of the coffee his conduct
subsequently to the 2st and of other matters in cv
idence against him.
THE SUMMING Up.
On the afternoon of Tuesday. March 10TH the open
ing argument on behalf of the People made by
Major r. +. Foote, Prosecuting Attorney. 1t was his
first effort in involving lfe and lie expressed
becoming difidcnce under the heavy responsibility
yet we do not remember ever to have heard better,
concise. pertinent and able first effort at the
Bar than Major Footc made during the hour he de.
voted to the statement of facts the citations of au
thoritics. and the argument dedused thercfrom APP
parent and logical. A. O. Bowen followed on behalf
of Walters, and in talk of about twenty minutes in
which he made no attempt to review the testimony
or rebut the arguments of Major Footc, simply ex
pressed his own belief that the Prosecuting Attorney
had made out no case against the accused. and that
he himself believed Walters to be innocent
Mr.. Edmondson, leading counsel for Walters. then
asked for further time to prepare his argument BY
consent of the Prosecuting Attorney, Judge Bowers
granted time until o'clock evening and recess was
ordered till that time.
At o'clock, court was reopencd and Mr.. Edmond. |
son proceeded with his argument. We did not hear
the summing up of Mr.. Edmondson. nor the closing
argument of Col. Merritt, but are informed by
persons who present, and attentive listeners.
that Mr.. Edmondson made very fair defence fer his
unfortunate client OF Col. Merritts argument we
hear but one opinion-that it was terse comprehen-
sve logical and of great force and vgor-one of the
best legal efforts made before the Bar of Idaho
ADLER than any other ever made in this city,
At the conclusion of Col Merritt's argument and
after the counsel on both sides had submitted in
structons which they severaly requested the Court
to present to the jury Judge Bowers delivered the
charge to the jury. 1t carefully prepared scru
puousy impartial. an abundantly instructive charge
which stated in language plain and direct what the
oath of the jury bound them to do which left nothing
untold in the enumeration of the facts upon which
they were called to decide; and which also fully
cautioned them against entrenching upon tho prov.
nee of the Court in their Interpretation and consid
grafton Of the law governing the case-or while they
must pass upon the facts and evidence agreeaby to