The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1895-11-23
TO BE A BITTER LEGAL FIGHT
His Arrest, Actions Directly After He
Killed Conlee and Confession
in Montana.

testified today.
The first witness was John Jordan.
who saw the prisoner in Sprague in
company with Conlee the day he met
his death Both Conlee and the pris-
oner appeared in good humor and left
town about o'clock, going on horse
back, Symes' horse being tied to the
horn Of Conlee's saddle.
The next witness, Hugh Rankin, took
up the chain where Jordan left off and
testified to having passed Symes and
Conlee three and a half miles east of
Ritzville the horses being still tied to-
gether A short time after passing
the men the horses came running back
up the road toward Witness who caught
them and soon Symes came up and said |
to witness that Conlee had been thrown
and the horses had ran away. He was
put through a very severe cross-eXam-
ination.
A section foreman testified to seeing
the horses running and a man follow
ing after, but could not identify him.
H. Zimmerman, ex-sheriff, was called
| to identify the clothing worn by the
dead man. The clothes We're brought
in bloody and crumpled up. and the
/ defense strenuously objected to their
] being introduced as an exhibit claiming
that many people had mad access to
them since the tragedy They were
| finally admitted, the defense taking an
exception.
Sheriff Mclaughlin of Montana, who
captured Symes, then took the stand,
and although the defense fought with
desperation to keep out mis- testimony,
claiming it was an admission on the
part Of Symes made under duress they
| failed to accomplish their purpose, and
he detailed in fun how symes was go
ing under the name Of Davis in Mon
tana sheep camp, and was dubbed by
his employer, Maclay, and put under
arrest, and how on the way to Missoula
he told all about the killing, telling his
captor he had done it in self defense
He was subjected to a vigorous cross
examination as to how he obtained a
confession from Symes-
An affecting scene took place when
Mrs. Conlee went on the stand to iden-
tify the big gun that Sheriff McLaugh-
lin took from Symes. She could not
positively do this and she was over
come by her suppressed feelings and
burst into tears.
The trial is progressing rapidly. Reed,
for the defense, is working hard for his
client against great odds. The case
will probably end about Tuesday. The
prisoner is cheerful and smiling a. all
times and really seems not to realize
what a terrible close place he is in
Interest increases daily and no such
crowds were ever seen in the county.
Ritzville, WASH Nov. 1S.-The first
witness called in the Symes case this
morning was J. A. Ewell, a newspaper
man, who testified as to the confession
Of the defendant, after objection on the
part of counsel that it was obtained
for publication in The Spokesman-Re-
view had been overruled. Exception
was taken
The next witness was e. d. ellison,
deputy sheriff and his testimony was a
surprise to all and caused even the
. hitherto placid prisoner to vince. Gill
son overheard a conversation between
? defendant and Sam Roberts at the jail.
! Roberts is generally supposed to be a
j warm friend Of the defendant. He asked
, symes to tell him the straight of the
shooting. Symes cautioned him to be
id quiet about the matter, stating
I that ne (Symes) had told every one
8 that Conlee had shot at him. The truth
t was Conlee had stabbed him.
This witness underwent severe
cross-eXamination by the defense, who
y endeavored to show that Roberts was
paid informer but witness withstood
the fire
Z oliver Lee, John Bartol, r. a. Burse
! w. y. Gibson and A. ]. Turpin testi-
I fed that Symes had on various occa-
2 sions threatened Conlee. The defense
labored to impeach Turpin's evidence
! on the ground that he had offered t
f assist their side by not testifying fol
e the prosecution for money considera
. ton, the offer being made through Mis-:
Symes. a sister Of the defendant.
!, w Hampton was put on the stanC
to prove that a felony had been actual
\ ~ committed for which Conlee arrested
Symes. There was objection by the de
: Tense and the jury was withdrawn
and the question whether the evidence
f could be offered to justify the arres
q without a warrant was argued b!
i, Reed, Holcomb and Merritt until 2:3
o p. m. The court ruled that the evi
e dence could go in showing the commits
sion of felony by the filing of a com
plant of which Conlee was aware.
K Sheriff Thompson testified to search
!. ing the prisoner in jail on October
and finding a revolver and cartridge
q on his person. The defense will begin
+ offering evidence some time tomorrow
. Ritzville, Wash, Nov. 19.-The Syme
/ jury this morning repaired to the seem
e of the killing Of Conlee and spent tn
! forenoon in looking over the ground.
: In the afternoon testimony on behal
OF the defense was introduced. 1t wa