Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1893-06-16

the case" Hatke struck him with
a neckyoke and Weis fell on his
hands and face. Hatke said:
THAT settles the whole matter"
was quite close. Weis was trying
to get up and would fall. He got
up; staggered to where horse was
tied; fell across rope; then united
his horse and rode off. When
Hatke rode up he dismounted and
took off his coat and went to where
Wcis and his brother were stand
ing. (Witness then demonstrated
to jury manner in which blow was
struck Weis was standing per-
fectly still when struck. (Witness
then identified defcndant.) The
neckyoke was an ordinary wagon
one, weighing about II pounds.
The parties were talking English.
Observation-Disclosures is about
100 yards from church. Heard
Weis say to Barney Hatke: "No
use trying to get away" He struck
at him twice, and kicked at him. |
was a stranger and did not know
parties who were standing around
there; this all took place in two or
three minutes; Barney Hatke was
trying to get out of the way.
Hubert Hattrup testified as fol-
lows: | reside one and one-half
miles west of keutervillc. Have
known Henry Hatke since we were
schoolboys; knew Weis since child
hood; was in Keutervillc May 10,
1899; saw Hatke and Weis; saw
difficulty; it took place in road be-
tween store and church; L was at
store; saw Weis on horseback, and
saw him dismount; he was trying
to strike Barney Hatke with hal
ter rope; Barney told him to stay
away; Henry Hatke rode up and
told him to stop, and shook his fist
at him; Hatke picked up neckyoke
and shook it at Weis; Weis turned
away and ! thought the trouble
was all over, Wcis came back;
spoke to Hatke; when he, Hatke
raised the neckyokc and struck
him; Weis turned half around, fell
on his hands and knees; l started
to help him up, when l saw him
getting up; Hatke asked him if he
wanted some more. Hatke said:
Chat settles the case" or words
to that effect; do not know what
was said before blow was struck;
could not understand what was
said; Hatke left horse standing
where he got off, and took of his
coat; neckyoke was a common
wagon-one, about three feet long
On s-eXamination witness went
into details more fully.
EIGHTH DAY, TUESDAY, JUNE 10.
Decree of divorce made in case o
Addic 4. Rector vs.. Frank Rector
State VS.. Hatke was resumed
| A. =. Tcnt testified to finding
Weis in the road unconscious, hi
horse standing by his side between
a quarter and a half mile from
kcuterville; revived him with wa
ter after which he was able, will
the assistance Of two men to wall
to Tcilt house where he remained
until he died, the following Sun
day. During the time he lived h,
was unconscious IL part of the time
and was able to walk around tn,
house at other times.
Joe NuXoll narrated the event
which took place at Keuterville
having been an eye witness. Hi
testimony in material points wa
substantially the same as that o
Hattrup and Hogan.
Jas. Weis, son of the man VIII,
was killed, also gave testimony a
to the condition of Weis from tn
time he was struck until his death
G. b. Wood, ex-sheriif, testife,
as to making the arrest.
DIR. S. Il. Bibby testified to hav
ing performed the post morton
examination, and having found tn
skull fractured and blood clio
formed which produced compress
sion of the brain. This, in hi
opinion, was the immediate caus
of death.
The defense then rested, upol
which Mr.. Reid stated the case G
defense to the jury.
Barney Hatke was the first wit
ness, testifying to being brothe
of defendant, of having know
Weis since he was child; of goin
to church Sunday, May 10, 1892
met Weis who said: What di,
you tear down those notices for?
| said, II did not lie said
"Y ou're a sd liar" and strucl
me with halter rope on the shoul
der. l backed off; he followed m
up; struck me three or four time
with rope and kicked me three o
four times, so that | was sore 70
two or three weeks. All this tim
! | was trying to get away from him
had backed away 90 or 80 yards
Just then Henry came up and tol,
Weis to get on his horse and g
away. Weis said he could licl
both of us; tied his horse to tn
fence and came for Henry, put hi
hand in his pocket when Henri
hit him with neckyoke; he stag
gered around in a half circle an,