The Ketchum keystone. [volume] (Ketchum, Idaho) 1885-1899, 1894-12-22
PERRY MUST DIE.
The Highest Tribunal In the State
Seals the Hurderers Doom.
BETRAYED BY HIS ATTORNEY

The final decision in the case Of
Charles Perry was handed down
Monday in the United States Su-
preme court at Boise City, The
opinion of the court, affirming the
death sentence of the lower court,
was read by Justice Morgan, JUS
tice Sullivan concurring. Chief
Justice Huston delivered dissent
ing opinion.
The crime for which Perry is
doomed to die is the murder of Pat
rio Mcnamara, at Lava, Baunock
county, Idaho. on June 25th last.
Perry was an employe of McNam-
ara and killed him for less than
300, known to have been In the
house. The murder was a most
brutal one, McNamara's brains be
/ ing beaten out with an ak.
Perry was tried at Pocate!lo. He
was found guilty of murder In the
| first degree and sentenced to be
hanged on September 18th. An
appeal was taken to the supreme
court, thus staying proceedings
| Perry's attorney at the hearing
was ]. Ed Smith, of Idaho Falls.
The evidence was entirely circum-
stantial. 1t was proven in the trial
that officers had caught Smith dig
ging up money near the scene OF the
murder. Blood marked bills spent
by Smith were readily traced to
Perry. When this evidence was pro-
duced it was claimed by Perry that
Smith had betrayed him. Smith
failed to defend Perry and the court
appointed II. V. A. Furguson, OF
Pocatello, to continue the defense.
The Statesman says Chief Justice
Huston took occasion to severely
censure J. Ed Smith. He said
, Smith was guilty of moral turpi
tude unparalleled in the history Of
, jurisprudence. Smith was guilty o
!, a crime that had no parallel. Th'
!, chief Justice knew no name for suct
crime. 1t had no name, for neyel
before had name been needed tC
. designate such a crime.
CHARGES AGAINST SMITH.
The evidence adduced at the tria
of the case constitutes the charge
against Smith. 1t was shown b
= spent considerable time with tn
prosecuting attorney. 1t was sal
he presented the latter with bill
> few moments after having com
from Perry, asking the prosecutin
attorney if be could change it. Th
g prosecutor could not, but be TO
:, lowed Smith to the store where til
: bill was changed and procured
: 1t was found to be stained with hl
man blood.
1t was also brought out in ev
= dence that when Smith was diggin
- up the money, he exclaimed: 9Th
q is my clients money"
2, Perhaps the most serious chare
! against Smith is his failure to a
n pear in court or to defend his cliel
- or to offer any explanation for b
ID non-appearance.
l., THIRsTs FOR REVENGE.
= After Perry was sentenced
sent the editor of the Pocatel
Tribune the following letter:
on EDITOR TRIBUNE: l was CO
ITS demned to die; could not expe
n, anything else after this attorney,
ny Ed. Smith had turned out to be
es. spy instead of counsel. Now | CT
ur say with all my heart and soul til
this man J. Ed. Smith is vlllai
be is an imposter; he is a fraud a
lis if only could have my revenge
TO him now, l will be content to d
lu- A noble aud honorable man is \
sui Ferguson. He made the best ZIG
o. that any lawyer ever made bet'
'n the court to save me but he was
sai late. So my hopes are all gone.
10 "CHAs. PERRY
SEQ The date on which Perry M
ny die will be fixed by Judge Stands
SIS of the Fifth district court.