The DeLamar nugget. [volume] (DeLamar, Idaho) 1891-1900, 1892-08-06
The Mountain Laboured and Brought
Forth Mouse

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Once more Owyhee county has passed
through that farce commonly known as
the semi-annual term of the District
Court. A grand jury was empanneled
and, to the credit of the gentlemen
composing it, be it said that their labors
were earnest and thorough, full report
of which appears in this paper.
Peter Medlen, indicted for murder in
the first degree for the killing of w. A.
Steele, was the first case on the dock ct
and after many hours the trial jury
agreed upon verdict of manslaug hter
and Medlen was sentenced to eight
years in the penitentiary.
Cox, for finding where John Beggs
had cached some money and appropriate
ing the same TO his own use, got one
year in the "pen.n
The case of the people vs. William
Fleming, indicted for murder in the
first degree, for the killing of deputy
u. S. Marshal, S. j. Pritchard, occupied
much time and, as ID too often the case,
resulted in disagreement of the jury.
District Attorney Hays, assisted by w.
E. Borah, conducted the prosecution
and ]. w. Badger appeared for the de-
fense. Many witnesses were examined
and when the evidence was all in it
seemed to be very general opinion of
those who had listened to it that the
jury could not fail to find verdict of
guilty, although it was thought that the
degree would be modified; but the ways
of Owyhee jurors are past finding out.
Witnesses may testify, lawyers may
plead and explain the law, judges may
charge and instruct, jurors may put up
their hands and swear before high
heaven to bring in a verdict according
to the law and evidence, but when it
comes to putting the thumb-screws to
an assassin, some will be found who are
not in it, and any old resident here can
usually tell what the result will be be-
fore the jury retires. In the case
in question we are informed that
some used the argument that be-
cause Medlen only got manslaughter,
they would not convict Fleming, utterly
ignoring the fact that they were not
trying Medlen and that one case had
nothing to do with the other. A strange
argument to use and one that must re-
quire very pliable conscience TO say
the least. The ingenious dodge of Mr..
Badger in delivering sort of milk and
water plea lsome say it was something
stronger than water) in behalf of his
client, was not generally seen through /
and Immediately aroused a large
amount of sympathy for Fleming among
the spectators and doubtless had the
desired effect on some of the jury. Be
that as it may the result was reached |
as above and Owyhee county has again,
through it, advertised to the world that
this is place where those who thirst
for human gore can satciate their hellish |
appetite with little or no fear OF punish
ment.
The record of unpunished bloodshed |
in this county is one that should cause
the hot blush of shame to mantle the
checks of all lovers of law and justice,
and one which is affecting harmfully,
the material prosperity and growth of
this section of Idaho more than many
think.
The action of this and many previous
juries fully demonstrate the fact that
our jury system, so far as it applies to
criminal cases, is all wrong and a
should be looked for. In most
other matters American, majority |
rules, and an amendment to the law,
making a two-thirds vote sufficient to
find verdict, would throw ample pro-
lection around the defendant, and at
the same time be vast improvement
over the present system. 1t is to be
hoped that the next constitution may
be so amended. If not, the suggestion
of one gentleman, if it were possible,
might work an improvement, that is to
do away with the farce-politely called
a trial-in criminal cases and use the
thus worse than thrown away,
in the erection and equipment of school
houses with a view to so educating the
young that murderers and thieves may
be less plentiful in the generation to
come.