Red Lodge picket. [volume] (Red Lodge, Mont.) 1889-1907, 1894-12-22
CHAS. PERRY T0HANG
Idaho Supreme Court isposes
Of the Appeal
KILLED HIM FOR HIS MONEY

| ElS Attorney Is Said to Have Accept ed
Portion of Blood Money for
His Fee.
Boise. Idaho, Dec. 1.-THE supreme
court today affirmed the verdict in the
case OF Charles Perry, for the murder
OF Patrlck Mcnamara, at Lava Ban
mock county. Perry was an employe of
Mcnamara and killed him for less than
Slo0 known to have been iii the house
The murder was a most brutal one.
McNamara $ brains being beaten out bv
an axe. Perry was tried at Poca tell9
He was found guilty Of murder in the
first degree and sentenced to be hanged
on September 18th. An appeal was
taken. Perry 5 attorney at the trial was
J. Ed Smith of Idaho Falls The evi-
dence was entirely cireumstantial. 1t
was proven in the trial that the Off
GERS had caught Smith digging up
money near the scene Of the mhrdar.
Rlood-marked bills spent hy Smith dur
LliS Sie tIldt were readily traced to
men FhlS evidence was pro
- y - iStllilS.l PA lefiE &h1t
s'Ii1i ~ 10" 13etl ~ el lli'h dA0 the court
- - = : el : tS9h ~ foGa-
~ - ''1iIS S!s sits' ,'elell'7e.
- -'-t-7 y - 7S1S "''[l 'S9'l
- '7'l'ls'l. :" 1t'sli cry
"'se 80 az ~
"a rsa M, ,.+ 80 -
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travail af p tl,,:l,,,ri,
f,biff T1etie. tT,,,,f,., 5l,1t,-a,9's +l;[
saoti,,o a,,i,,ia, y, 7..h;-h h, ~? 49,
tho n,,ieo,,e,, 1,a5 ,,ct INA faf, t,.f,1
rs his conviction bina4a o., ,,a,-a1a tinn,
made nv his own atta,na, r1,Is,a,,
scored smith unnereifuI1y aor1ari,a.
his crime was without a parallel in Inc
history of the bar II do NOT know what
name to appJv to it," he said. 1T has
no name. for the reason that there has
been before no occasion to find a name
for such a crime" The date of Perry's
execution viii be fixed by the district
judge who sentenced him.
C}T,1E,T3. DECISIONS
among otiief cases 4eeloed We're thsA
i@lioW11'g:
IN the case OF Y, w. cummings vs.
d. :. Gone, dudltof Oh Latah county II
was uetloed tilat ia eile Ie0eiapeloh 9l
property Sold lof taxes ihe 9o per cent. |
l'ellal's dppiies ~ tile iu1f d'iioulit ol
t"Ats ail't illtel eSl.
III tl4e case - lills'iil y Greer q a..
" 'i'e N,ael'e s'liss Sailai ooiil l5a1lS e'
a.. apleliillt7, tlle 1il'-lll Vi tlie loN-
eI court was ailliilie he pidIhtlhS
Fled lleh Tor $s,ooo on a poftion o. tAe
canal property OF the defendant, located
IN Bingham county Ihe defendant
CANNED the lleh was ihNaIld tor the
reason mat u embraced only poftlon
ana not 1he Wiole OF 1he cahai system
lhe court holds that The lien was Nalld, |
case raising an important question /
affecting city ordinances was decided /
II was entitled the state vs., Frank A. /
Preston preston was arrested and
lined for Eagfahcy tie appealed TO the
district court and was beaten there and
thefl took an appeal to the supreme
court The appellant attacked the va
lidity Of the va gfahcy ordinance OF Poe
atello on the ground that it defined an
oHenSe made punlShabie by the general
statutes. rms raised the question
whether city ordinances covered by the /
penal code are not lnNalld. The sU-
preme court III affirming the judgment |
Of the lower court holds that munielpal |
tl@ns may pass ordinances 1of |
the prosecution and punishment ot the /
same acts as are puhlshable ohdef me
penal code when authorized 50 20 90 by T
! 'le e slli'''.i ,'el o''1i1 ~ ' - s''S'
In the case Of the Colorado Iron I
Works VS. William Rickenburg the I
Judgment Of the lower court was re
versed Riekenburg demurred to the
on the ground that the plain
tiffs being material men Were sub-con-
tractors and that they should have filed
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