The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, 1869-03-18
THE TRIAL OF SIMEON WALTERS.


'u ~ 'no "f"no jury OF Ada county, in November
1863, IN which he was charged with the murder q,
Joseph L. Bacon. on the 21st day of October. bv
shooting him through the head with pistol at q
place near Dry Tor Five Mile creek, about SIX miles
south OF Boise City, the stage road between that
city and Silver City, Owyhes county The accused
was arrested on suspicion of the murder at the in
stance Of G. Bernard on the morning of Oct ostb
by Deputy Sheriff Forsyth, of Ada county. at tho
house OF Bernard, on the stage road. twentv.eigb+
miles from Boise City, and within one mile of Fruits
Terry, on Snake river. He was taken the same dav
10 BOISE City, examined before A. W. Flournov n
magistrate. and committed to answer The Grand
jury for the Fall Term of the Ada county District
court returned true bill for murder in the first de-
gree, and upon that indictment Walters was arraipn
ed ana plead not guilty. On motion of his counsel
hough ana Prckett assigned him by the Court Chief
justice Bowers. presiding change of venue to Boise
county was granted and by this means the trial came
10 % heard IN this county at the present Term of the
Distrlct Court, before Chief Justice Bowers When
the change of venue was granted Walters was con.
veyed by the Ada county officers to the prison bera
for safe keeping.
The trial had been set for Thursday morning
SnPrn
brought Simeon Walters into court p L. Edmond
son. Esq. appeared as counsel for the accused, as
sisted by A. o. Bowen. Major T. f. Foote, Prosecut
ing Attorney, was assisted by Col. S. A. Merritt
motion for continuance, on behalf OF the ac.
cused by Mr. Edmondson, on the ground of the ab-
sehce OF important witnesses for the defence, was
oVerruled by Judge Bowers and the trial proceeded
with
The first venire Of thirty six persons drawn as iu
rors was exhausted on Thursday and eleven Jurors
sworn in Another yenire OF twelve was ordered for
the next morning and the twelfth Juror was obtained
The prosecution had exhausted their legal allowance
Of Art and the defence their legal allowance OF mr.
peremptory challenges
TRIAL JURY
The following jurors were finally empanneled rs
Tie trial jury. w: Lycurgus Jackson, foreman w
d. Ianilne. C. Clark. Edward Lowe, Chris Hafcndor.
for. Vim Fitzgerald {. II. I.Angworthy. D. McChn-
took. VIM Mcydcnbaucr, IL. 4. Matto1. f. j. CLYDE
Thos. Foyc.
THEORY AND TESTIMONY OF PROSECUTION
After the reading .. the Indictment hy Nj Ja. II
W.ckershAm CLERK tn following witnesses on behalf
OF the prosecution w,-v called 10 the bar and sworn
VIZ. J. {. Bernard, Jos. DAb.ng,on Thos hiIcr. j.
II. Jackson l. Hc.d b. McCleAry ban. Eo;h. g. II
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