Elmore bulletin. [volume] (Rocky Bar, Idaho) 1889-1906, 1897-05-26
FREEL'S NECK SAVED
BY Unfortunate Omis.
sion in Indictment.
The Second Jury Find Him
Guilty of Murder In the
Second Degree.

49, vi hANllCSGES III
the Freel trial commenced on
Thursday morning and concluded
on Saturday forenoon.
James Mullany- same as in for
mer trial.
d. E. Bayles- | live on the Can
field ranch just south of the Kens-
Ter place. There is ditch run
ming through the Garfield ranch
called the Garfield ditch. 1t is a
joint ditch used by the Kenslers
and Canfelds. 1t taps King Hill
creek about mile up the creek
from the Kensler dwelling. This
ditch carries the water for both
and is tapped by the Kensler ditch
about quarter Of mile above the
Kensler house. The Kensler ditch
irrigates the ranch and is the one
Kenslers body was concealed under.
On the night of Oct. II, the Can
field ditch was dry and had been so
for three weeks previous, all the
water having been turned out into
the Kensler ditch and the head gate
closed. | was at the Garfield ranch
that night and G. II. Jobe was with
me, the Garfield family being away.
On the morning about sunrise, I
saw the ditch carrying full head
of water and overlooking, running
over the alfalfa. Jobe and | started
up toward the head gate, he to take
his blankets to stone cabin near
the gate and | helping him and also
going to see what the matter was.
We went up the ditch together when
we got to the cabin, we looked to-
ward the road and near Kensler's
place we noticed indications of a
runaway. | saw q team / recog-
nized as Kenslers, partially hitched
to the front wheels Of a wagon and
the horses tangled up in the lines
and prisoners. The lines Of the near
horse were wound tight about the
hub of the off wheel and stretched
tight SO that the team could not
move another step. Tracks showed
they had described several circles.
l released the team and we went
with them to Kensler's ranch and
found Mrs Kensler there. | de-
livered the team to her, and she
said John had left the night before
saying he was going to Glenn's Fer
ry. | suggested to her to go out
with me and look for him, and she
was unwilling, insisted so she left
with me- Getting down the road
we came upon the balance Of the
wagon. The wagon box was about
twenty yards off the road, upside
down. The hind wheels were on the
road, little further back, [ looked
all over for tracks of a person
getting out of or falling out Of
wagon, but could find none. The
soil at this point is soft sandy
loan and tracks would remain there
a very long period. | started down
the road q little way and found
footprints pointing toward Glenn's
Ferry. | followed them along and
getting toward Snake river at the
Black Sand Draw, l met Freel
horseback coming toward me from
the direction Of the Ferry. He said
he had been in town looking for
Kensler. Said that the night be-
fore, about 10 o'clock John woke
HIM up saying, Come back to town
I've got $1400 to blow in" That
he refused and did not get up and
shortly after, heard the team leave
and the wagon go over bridge on
the road, close to the house. There
were searching parties out all the
week, about the river and the ranch.
I was in the party. The second day
after, | was out at the ranch and
saw Freel with the crowd, l sug-
gested to search the bitches, telling
about the joint ditch being dry up
to the 18th and then the water
turned in, Freel said it had been
turned in off and on all the time
| said | knew better. On the 18tl
examined the headgate and found
tracks looking like those of a wo
mans shoe. On the 18th, | hearC
Mr.. Rosevear, at the ranch ask Mrs
Kensler for one of Johns old shoe
to measure the footprints with anc
she said John burned his old shoe
when he got new ones.
G. H. Jobe corroborated this ties
timony.
Joseph Rosevear corroborate
Bavles testimony about the shoes
and said that Freel told him tn
same story of Johns asking him t
go back to the Ferry and his re
: fusing to do so the night of the It'll
] Witness had made John Kensler a
: offer to buy the place, and on tt
r 18th his son closed the bargain wit
{ Kensler to buy the place for $1,000
, w. J. Rosevear corroborated hi
: fathers testimony.
! |. A. Heron, L. Nj. May, IL.
!, Tingley, Cal Schoff and VIM. Bur
E each heard similar story fro
. Freel.
| NJ. C. Lawrence found a bull
f hole in in the wall of the Kensl'
s dwelling, back of bed head, az
e found the board in the bed hef