The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, 1869-10-21


END OF THE WALTERS CASE On Friday evening
the Court having disposed Of nearly all the cases Oh
the Calendar, and but little unfinished business re.
naming the Judge, in obedience to the order of the
Supreme Court as evidenced by the remittitur on
file, caused Simeon Walters to be brought into Court
to inform him of the time set when the Sheriff would
carry out the sentence of death heretofo e passed u
on him. When the prisoner was brought in, his AT.
torneys, Messrs. II. +. Prickett P. E. Edmondson
and A. O. Bowen, thereupon filed their motion to va
cate the Judgment and that the death penalty could
not be inflicted the defendant Walters for the rea
son that the jury failed to specify in their verdict in
which degree they found the defendant guilty. The
question was ably argued by the counsel On both
Sides the prisoner in the meantime evncing consid-
cradle anxiety as to what the decision of the Court
would be on the motion for it a slender thread
upon which hung, to him. the important issue of life
or death. The motion being submitted, the Judge
in giving his decision, reviewed the history of the
case in the Supreme Court as we'll the former pro-
ceedings in the case as they came to his knowledge
through the judgment roll and the papers on le He
said that while the point made by defendants coun
sci might probably have been well taken at another
stage of the proceedings yet it not in his power
now to consider it. The had been argued before
his predecessors on the Supreme Bench and the
Judgment of the Court below had been affirmed and
a new trial denied. motion for rehearing had
been made at the last term of the Supreme Court be-
fore him and his associates on the Bench but under
the law they We're compelled to deny that Also and
the remittur had been sent down by which alone he
codld be guided, and under it he had discretion
whatever nor could he pursue any other course than
that of fixing the time when the sentence heretofore
passed upon the prisoner should be carried into eff
feet. He said he came from State where the death
penalty had been abolished and that he himself was
opposed to such punishment, but that the Legislature
here had provided for such punishment, and he
was bound by the law; that while he had not the
slightest doubt but that the prisoner guilty of
one of the most atrocious murders in the annals Of
crime. STILL could his assistance be of any benefit he
would exercise what influence he had in favor OF Ex
ecutive clemency, that his punishment ght be
mutet 10 Imprisonment for life He then ordered the
prisoner TO arise and stated the time of execution
him as follows: That you, Simeon Walters be taken
hence 10 the prison from whence you came and that
you there remain until Friday the 10th day of De-
cember 1869 at o'clock in the afternoon; that you
be then taken to the place of execution by the Sheriff
OF Boise county, AID that you be hanged by the neck
until you are dead The prisoners face flushed
very percepubly and he lost th2t careless nom
chalant manner in which he had conducted himself
heretofore. and We understand has gwen up all hope
OF escaping the terrible punishment which the law
has decrced he shall suffer. This is the closing chap
ter Of the legal pros eedngs i'll which has alb.
sCrbed HIuch OF public interest for the past year,
and shoAld the Governor decline 10 interfere bat al
Low the law 10 take its course hope that it will
be the rst it may be- the last time that icllowbeing
shall suffer the penalty OF death at the hands OF the
officers OF the law within Boise county; not that We
are opposed 10 such punishment, for we believe it is
sometimes necessary In newly settled countries
aud especially i'll mining countries. where 'roughs"
and desperate characters generally, usually cOngre-
Loaf he
der of the community requires that example
should sometimes be made, but hope that circum-
stances may again render it necessary in our
! Territory, at least