Elmore bulletin. [volume] (Rocky Bar, Idaho) 1889-1906, 1892-04-30

The BULLEvix did not intend DO
refer TO or comment upon the vcr-
dict rendered by Mountain Home
jury last Wednesday ia the case Of
the State Va. A. 8. Abbott, indicted
for criminal libel, save only as a
IN Utter of court proceedings. But
since then Abbott has seen fit TO
publish . distorted and one-sided
account Of the case, and we feel Il a
duty to ourselves and the people Of
these mountains and ef Glenn's
Ferry to. present the matter in its
true light.
II 10 . fact we'll known to all that
the Wholesale abuse. Of ex Asses
s"r Payne originated from the hitter
county seat eight In the fall Of 1890.
In the BULLETIN We fought with all
our iisnited ability for Rocky Bar
and the people from whom we de-
rived our support. This action on
our part engcndered bitter hatred
toward as, and, unable to combat
our arguments, the fellow Abbott,
through his paper, resorted TO vile
personal abuse. We did not reply
in kind, knowing that newspaper
courtesies among gentlemen. debar-
red personalities which were foreign
to the county seat, fight. We had
Abbott's umsavory record on Wood
River in Kansas, in Nebraska and
in Mountain Home, but did not
print it far reasons above given. hat
submitted to his abuse with a slight
hope Of getting justicc even At the
hands Of Mountain Home jury.
But we were mistaken, for their
hatred toward old Payne Overhaul
anced their contempt Tor Abbott. as
will be shown further on.
Well, TO cut long story short,
every juror from Rocky Bar and
Atlanta on the drawn list was OBJ
jected to by the defendant, without
cause, save Henry Swanholm, who
candidly stated that il would re-
quire unusually strong evidence TO
change his mind a. 10 the defend
ants guilt. The regular jury list
being exhausted jurors were then
summoned from the people of the
town. and soSsa twelve men we're
sworn in 20 cry the cast
Abbott's counsel FIRST attempted
20 prove that his client did not
write the libelous articles, but failed.
Then fell back upon the report Of
the experts" Waller and Maliison,
which was afterward proven by oiher
expert accountants 70 be wrong
reducing ex-Assessor psyne's short
age from 1894 10 si4. Next, with
the aid Of George r. Mahoncy upon
the witness stand, they attempted
TO make II appear that the ex-As-
sessor had s.monkeyed" with his
books, and also dwelt long upon the
fact that errors had occurred In the
accounts of the Mt. Home special
rcheol tax--which errors were rec
titled by the ex-Assnssor an ,soon az
brought 10 his knowledge.
After able. argument by Deputy
District Attorney Vic Rierbower and
a charge by Judge stockslAger that
should hare fallen with great force
upon the mind Of. any unprejndiced
juror, the case was submitted TO the
lury. =
What transpired In the jury room
was related to us and others by
several members a. honorable
and conscientious citixens ~ can be
fund in Eaniore county. On the
first ballot the jury stood nine for
acqnittaf and three for conviction.
Then discussion followed and the
fact was developed that q majority
Of the jury believed the fellow guilty
but were fearful that II they rem
dercd a verdict 10 that effect that
Judge etoeksiaeev ~oaA give the
defendant the extrease penalty pro-
vided by Law, Wilde other jurymen
believed the defendant of anbal-
anced mind and should not be held
responsible. Another ballet was
taken whishresultsd " Ten foss se-
quittal and two for conviction. II
was the.. proposed tina. a written
statement he drawn and esgued by
the jury. 70 scs oapaay she verdict,
exculpating tho ex-Assessor from
all intentSonai SWAMI In being ahoxf