The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1894-12-22
Idaho Supreme Court isposes
of the Appeal
KILLED HIM FOR HIS MONEY
His Attorney Is Said to Have Acc ut ed
Portion of Blood Money for
His Fee.

SOuIl lOudy dIufnleQ the verdict III the
case of Charles Perry, for the murder
OF Patrick Mcnamara, at Lava, Ban
mock county. Perry was an employee of
Mcnamara and killed him for less than
800 known to have been in the house.
The murder was a most brutal one,
McNamara's brains being beaten out by
an axe. Perry was tried at Pocatello.
He was found guilty of murder in the
first degree and sentenced to be hanged
on September 2Sth An appeal was
taken. Perry's attorney at the trial was
]. Ed Smith of Idaho Falls The evil
dence was entirely circumstantial. 1t
was proven in the trial that the Off
GERS had caught Smith digging up
money near the scene of the murder.
Blood-marked bills spent by Smith dur
ing the trial were readily traced to
Perry. When this evidence was pro-
duced, it was claimed by Perry that
Smith had betrayed him and the court
appointed H. V. A. Ferguson of Poca-
tello to continue the defense
The appeal hinged largely upon testi-
mony relative to Smith, which Perry's
attorney claimed was not admissible
and without which conviction could not
be had. The court holds there was no
evidence of a conspiracy for the be-
trayal of Perry through his attorney.
Chief Justice Huston delivered a dis
senting opinion in which he held that
the prisoner had not had a fair trial,
as his conviction hinged on revelations
made by his own attorney. Huston
scored Smith numerically, declaring
his crime was without a parallel in the
history of the bar, 81 do not know what
name to apply to it, he said, sit has
no name, for the reason that there has
been before no occasion to find a name
for such crime" The date of Perry's
execution will be fixed by the district
judge who sentenced him.
OTHER DECISIONS.
Among other cases decided were the
following:
In the case of G. w. Cummings VS..
b. f. Cone, auditor of Latah county, it
was decided that in the redemption of
property sold for taxes the so per cent.
penalty applies to the full amount of
taxes and interest.
In the case of William O'Creer ct al.
VS.. the Cache Valley Canal Company ct
al, appellants, the judgment of the low
er court was affirmed. The plaintiffs
filed lien for $4,000 on a portion of the
canal property of the defendant, located
in Bingham county The defendant
claimed the lien was invalid for the
reason that it embraced only a portion
and not the whole Of the canal system.
The court holds that the lien was valid.
"A case raising an important question
affecting city ordinances was decided.
1t was entitled THE State VS.. Frank A.
Preston" Preston was arrested and
fined for vagrancy. He appealed to the
district court and was beaten there and
then took an appeal to the supreme
court. The appellant attacked the va
lidity of the vagrancy ordinance of Poe
atello on the ground that it defined an
offense made punishable by the general
statutes. This raised the question
whether city ordinances covered by the
penal code are not invalid. The SUI
preme court, in affirming the judgment
of the lower court, holds that municipal
corporations may pass ordinances for
the prosecution and punishment of the
same acts as are punishable under the
penal code when authorized so to do by
the law under which such towns and
villages are organized.
In the case of the Colorado Iron
Works VS.. William Rickenburg the
versed. Rickenburg demurred to the
complaint on the ground that the plain
tiffs being material men were sub-con-
tractors and that they should have filed
their lien within the 80 days limit.
Judge Nugent sustained the demurrer.
The supreme court reverses Judge Nj
gents ruling. 1t holds that material
men stand on the same footing as the
original contractors where the material
is furnished to the owner direct, and
therefore they have go days in which TO
file liens
The judgment Of the district court
was affirmed in the case of the state VS..
John Gibbs. Gibbs was sent to the pen
itentiary from Bear Lake county for an
attempt to commit rape. Chief Justice
Huston very severely criticised the
manner in which r. S. Spence, Gibbs
attorney, has presented his case in
court and said had it not been that a
mans liberty had been involved it
would have been summarily disposed of.
WAGON ROAD NOT ACCEPTED.
Governor Mcconnell has received a
letter from E. Hemingway of Harri-
son, chairman of the board of viewers
appointed to inspect the st. Marie's
branch of the state wagon road, say
ing the road was not built according to
contract and can not be accepted.
Killed by a Discharged Officer.