Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1893-06-16
THE FREE PRESS.
GRANGEvILLE. IDAHO.
FRIDAY, June 16 1898


tlOn 10 ulSlllSS.
Motion to set aside indictment
in cases OF State VS.. Harry III. Schei-
Ter, and State VS.. James Il. Per-
kins, argued by counsel and taken
under advisenent by court.
SIXTH DAY, SATURDAY, JUNE 10.
Motion to set aside indictments
overruled. Demurrer to indict-
ments in both cases filed and over
ruled, and defendants required to
plead. All three defendants plead
"not guilty"
Grand jury came into court and
presented their report which was
accepted by the court and the jury
discharged. The report is as
follows:
To the Honorable, the Judge of the
District Court of the Second Ju-
dicial District, State of Idaho.
Your grand jury would respect
fully report as follows:
That we have carefully exam
ined the county poor farm, and
find it conducted in first-class
manner; the buildings are adapted
to the purposes intended the in
mates are neatly clothed and the
building kept in a clean and neat
condition,
We find the books of the auditor
and recorder and those of the trea-
urer kept in a systematic manner
and the balances correct.
We find the county jail in very
poor condition, and i'll adapted for
the purposes intended.
We urgently call the attention of
the county commissioners to this
fact: Complaints have been made
to your grand jury that the office
of the probate judge has not been
kept open in accordance with the
law, and that section 1925 of the
revised statutes of Idaho has not
been complied with. We call the
attention of the county commits
sioners to this fact.
We furthermore recommend that
the county commissioners refuse to
allow any consideration to a JUS
tice of the peace in all cases of pre-
1iminary examination, when the
said justice fails to comply with the
law in the conducting of the case
and neglects to place under recog-
nizance all witnesses who are called
in the State in cases where the ac-
cused are held to answer before the
district court. And further rec
ommcnd that all justices decline to
entertain frivolous cases for action.
without any merit, and when the
rights of the people have not been
invaded.
There being no further business
to come before the grand jury we
ask to be discharged.
GEO. ID. SMITH, Foreman.
e. G. SHERwIN, Clerk.
SEVENTH DAY, MONDAY, JUNE -.
Motion for deminition of the
record and for rehearing in the
case of Chase vs.. Hagood denied.
The case of State VS.. Henry
Hatke, charged with the murder OF
John j. Weis on May 10, 1892, at
Keuterville by striking him over
the head with neckyoke, was
called for trial. District Attorney
Forney and G. G. Pickett repre-
sented the State, Jas. w. Reid and
j. f. Ailshie the defense. The
most of the day was taken up in
securing a jury. J. c. Cash, +. NJ.
Noyes, G. b. Sanders, Aug. Schroe-
der, G. w. Hashagen and III. w.
Teift being excused for cause. The
State challenged peremptorily Ri
ley Reid, M, w. Williams, Henry
Sprute, j. w. Henderson, while
ThOs. Surridge, Geo, X. Chase r.
c. Divine, Louis NJ. Simpson, Fred
Berthold, Geo. A. Lopez, Geo. L.
Harmon, A. +. Nurss, r. II. JEFF
freys and A. NonBargen were OK
cused by the defense.
The jury sworn to try the case
consists of the following: John
Brisco, c. o. Holbrook, j. p
Deasy, III. V. Brown, III. S. Jones
John +. White, Geo. Rossiter, G.
Benedict, John Leahy,, Jas, Rus.
sell, William Sebastian and Chas
Carter.
The district attorney then stated
the case to the jury and the first
witness, F. j. Hogan, was sworn
when the defense interposed mo.
ton to dismiss, which without argu
ment was overruled by the court
Mr.. Hogan testified substantially
as follows: / am acquainted with
defendant. Saw him on May 10
1892, about quarter to eleven in
the forenoon. Saw j. j. Weis al
that time; | left Cottonwood and
went to Keuterville. arriving about
half past ten; left store to go tC
church at 1915, when my atten,
ton was called to boisterous talk,
saw man on horseback stop horse
dismount and go to where two men
were talking; Weis struck at Bar
ney Hatke with his halter rope and
also kicked at him, Hatke backing
off; just then Henry Iatke rode up
and started to abuse Neis, and dis
mounted. Weis said: LET me tie