The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1898-01-15
DIAMoNpFIELp JACK.
New Trial Denied By Judge Stock
slayer.

~AeA OOhIou ~ SuuSe otUCA
slayer.
W. e. Borah yesterday received {
telegram from District Attorney Rog-
ers stating that Judge Stockslager haC
oVerruled the motion for a new tria
IN the case of Diamondfield Jack, con
Victed of the murder of Wilson and
cummings, the sheepherders, in Cassia
county, the crime, as alleged, having
Deen committed on Feb. 4, 1896. Mr
Borah is associated with District At.
torney Rogers in the prosecution of the
case and returned Sunday from HALEY,
where, with the district attorney he
had combatted the motion of the de
tense, represented by James II. Haw-
ley, for new trial.
The preparations for the battle over
the motion for new trial in this now
celebrated case were most elaborate.
A mass of atfidaVits were secured and
presented to Judge Stockslager by both
sides. The prosecution considered the
ahidaVits made by Randolph Streeter
and his mother, Mrs. Joe Hayward
both OF Lamoille valley, Elko county
New, among the most potent factors
OF their fight in opposition to the mot.
Ion for nHw trial, both affidavits being
IN the natuae Of new evidence.
Young Streeter made affidavit that
Davis or Diamondfeld Jack, as he is
more familiarly known, worked on his
mothers about month in the summer
OF 1895. He remained in the Lamoille
valley the better part of that summer
and left in the fail for Cassia county
Idaho. Continuing his affidavit saws: |
some time in the early spring of the
year 1895 Davis returned to Lamoille
valley l do not remember the exact
time, but l think it was some time
very early in the spring, Davis came
to our home and remained about three
days. saw considerable of him while
he was there on that trip. On several
occasions when he had been drinking
he spoke Of the fact that he had had |
a shooting scrape In Idaho with some
sheep men and that he knew the Off.
GERS Of the law were after him on &C.
count Of this shooting.
Il heard him say that he had ridden
up to the sheep herders camp and had
shot two sheep herders. One of them
threw up his hands and hollered: then
Davis rode away. He did not say In
my hearing whether OF not the men |
had been killed, simply that he had :
hot them and Immediately ridden
lway. He said he had at once left
hat section Of the country; had come I
Town 70 Nevada; down through the I
Wells, and from there by way of Hal f.
eek to Lamoille, He spoke several
lines in my hearing about bis beinr
wanted for this shooting and the OH t
ers being after him, and always car. =
led his six.shooter aud Winchester and
eemed to be nervous and afraid all {
be time that he would be arrested. f
After remaining at our place about r
hree days he left there, saying he was =
DING back to Idaho; that they (mean.
ng the ofIicers) would get him, but he u
i'd not care so long as he could have c
ONE fun out Of them before they got =
i'm.
81 know that this is the Jack Davis r.
Tho was afterwards arrested for the a
looting of the two shespherde. in
daho and WIS tried and convicted !,
had two letters from him Written bv u
Inn while he was in the jail" Ia
Mrs Hayward states in her affidavit NJ
lat Davis returned to her farm from :,
iaho about st. Valentines day. -
Mr.. Hawley when seen yesterday bv 81
Statesman reporter said steps would al
} taken at once to have the case an. i,
saled to the supreme court. He said
! had filed no affidavit in rebuttal of eI
e Streeter statement as he had NOT sc
I'd time. He made a fight on tech. of
cal grounds before Judge Stockslacer
keep it out but the court ruled 8
'ainst him,-Statesmau.