The Weiser signal. [volume] (Weiser, Idaho) 1890-1904, 1894-12-27
CHAS. PERRY TO HANG
Idaho Supreme Court isposes
of the Appeal
KILLED HIM FOR HIS MONEY
His Attorney Is Said TO Have Accepted
Portion of Blood Money for
His Fee.


BOISE luaho' dec. Tine supreme
court today affirmed the verdict in the
case of Charles Perry, for the murder
of Patrick Mcnamara. at Lava. Ban
mol, countv Perry was an emnlova of
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-
siVV hio"n To nave peen III tie house'
the murder was most brutal one,
Mcnamara brains being beaten out by
an axe. Perry was tried at Pocatelo.
He was found guilty of murder in the
a,.st dee,.ee ana santenced 10 he hangad
e,...,-.. oe.,.
~, was
taken. Perry attorney at the trial was
j. ia smith OF ldaho rains. me evil
uence was eieireiy cIculstantlai IL
va ~ IA o 80 -" ga si,'l ma .ie OH
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, 1t was claimed by Perry that
Smith had betrayed him and the court
appointed III. V. A. Ferguson of Poca-
tello TO continue the uetense.
The appeal hinged largely upon testi-
mony relative TO smith, which Perry
attorney CANNED was not admissible
ana without wnich CONVICTION could not
De nau' Inc court nolas there was no
evidence Oh conspiracy ior the be-
trayai OIL FERRY throush ms attorney
chiei Justice huston ueiiVereu us
sen''ns oplii'on ~ Wi,cn ne neiu .ha'
wy piiso'ie, iau no' ii,iu d iai, .iiai'
as ms ro",',.'on inns 81 oii ieVeia.lois
49,, S ,,'s W. -, 10y ,as',
,,t,,'t - nv, 80 .,'s
s ..1 = 20 80 s,lt
49, q. - .,t - -
No ave sp,. ~ raaso,, that thars h ]
hoo,, ,,afr 80. a. f,,d q ,a,,,e
fo, snch n crime :, ,rhe date ~ perry
execution viii he dyed Inv the district
indse vcho sentenced him
-,, 10000,
- EN-
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
fled lien for $4,000 on 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 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 1.-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
iidity OF the vagrancy ordinance of Poe
atello on the ground that 1t 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 fol-
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 Iror
Works vs. William Rickenburg the
judgment of the lower court was re-
versed. Rlckenburg demurred to the
complaint on the ground that the plain