Idaho semi-weekly world. [volume] (Idaho City, Idaho Territory) 1875-1908, 1891-05-22
FOUND GUILTY.

'o''re the District Court on
tuesday, and was submitted to the,
jury that night. Failing to apree
the jury was discharged, and on
Wednesday another jury was sum.
'hohed and the case retired, and went
to the jury at 1890 that night A.
ter being out about half an hour a
verdict of guilty of attempt to mur-
der, as charged in the Indictment
was brought in. The case IS a verv
peculiar one, and the evidence proves
the criminal to be the cowardiest
and most -blooded of murderers
The evidence is quite long, but the
main points were as follows: Nc.
Creary had trouble with his wife and
her folks in High valley and went
from there to Squaw creek and
stopped five or six days with James
V. Hall, whom he shot at about mid.
night on the 26th of last November.
That day he went down to E. Sweets
place, eight miles below, and pro-
cured an old-fashioned cap and ball
pistol. He and Hall played cards
and checkers that night until 10
o'clock, when Hall shaved McCrearv
and they went to bed, Hall sleeping
next to the wall. When the shot
was fired, taking effect in the back of
Halls head, he raised up in bed, felt
in the bed for McCreary, but he was
not there, and he did not see him in
the room. Hall then became dazed
and fell back in the bed. Shortly
afterward he called a number of times
for McCreary, but got no answer.
He then got a butcher knife and went
outside, where McCreary was, and
told him that he was shot. McCrearv
pretended to be surprised, and tried
to convince Hall that he had not been
shot. McCreary testified that Hall
sat on lumber pile, and fell off, and
he helped him up, and they both
went into the house. When Hall
first vert outside McCreary said he
had hard tussle with two men, who
beat him and stamped on HIM, and
fired pistol, and that was the shot
Hall heard. After going into the
house McCreary examined the
wound and then both went to bed
McCreary got up about 10 o'clock
cooked breakfast, and when it was
ready called Hall, who arose and
ate. McCreary left at / o'clock that
day and was arrested the following
day by E. Sweet at the junction OF
the Basin and Boise roads, on Shafer
creek.
McCreary stated that he placed the
pistol IN the inside pocket of his coat
muzzle up, and doubling up his coat
and overalls, used them for pillow,
and in some unaccountable manner
the pistol was discharged. AS he
jumped up he found the pistol, coat
and overalls lying on the floor, took
the pistol and threw it out in the
ward, and then went out and hid 1t II
a rock pile. He said his reasons fol
acting in that way was that he was
badly scared and did not know wha
to do: that he did not want Hall tC
know that he had pistol, as he woulc
naturally think that he had delloer
atelv shot him, and he could not con
vince him that the pistol was dis
charged accidentally. So he ther
told him the story about the two mel
attacking him, and tried to show Hal
where they had severely injured him
The reason he gave for getting tn
pistol at Sweets was that he was ex
Meeting his wife to elope with som'
Young man in High valley, and NJ
expected to catch them as they passe'
Halls place, and he did not want tn
latter to know that he was watching
for them, nor that he had plstoI
When asked by the District Attorne.
why he did not conclude to use Hall
n,stol in case his wife and the youn!
man should come by, he replied tina
ba did not know. He told a grea
many stories in regard to cireum
stances connected with the affair
Whom he went to Sweets for tn
n;stol he said he had been stopping
nm in the mountains since August
cutting poles; that deer were yer
nlentiful up there, and for that rea
con be wanted " some kind of gun
All that saved Halls life was flaws Il
the bullet, which broke into seVera
nieoes as it struck the head.
MoCreary stated that when he lei