The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-06-17

n ouprsms Court TaEss No
Stock In HE Alibi Defense.
II is A FAMOUS CASE
4 leurdse CROWNS Out Of IN Old Fsud
Dsewosn Idaho CAtslsmsn and Sheep
msn-~Dismond Field Jack" Il b
Nsme DAVIS L. Known By.

Special Dispatch to the Standard.
Boise, Idaho. June 1.-THE supreme
court has decided the most important
case In the criminal annals OF Idaho.
that Of Jack Davis. o commonly
known ~ Diamond Field Jack" The
courrs dictum IL tina Diamond Field
must hang. Dtamoud Field Jack was
brought to trial in Casa county in
Aprfl. 1857, for the cruel murder OF John
C. Wilson on or about February I. 1896,
On Deep creek. in that county. After
. stubbornly fought contest he was
convicted. and this conviction Is now
amrmed. The murder was the out
growth OF bad feeling that had existed
bseween sheepmen and cattlemen in
that section for q long time. There
had been Q previous shooting. Davis
having shot william Tollman. a sheep
man. He had made threats against
Tollman and sheepmen in general, and
finally did the shooting referred to.
Tollman was shot through the body, but
recovered.
Davis disappeared after the shooting.
but reappeared IN the Salmon river In
the latter part Of January. In company
with Fred Gleason. On February 10,
looG. the bodies of John c. Wilson n
Daniel c. Cummins were found in their
sheep-camp wagon. Both had been shot
several days before. After a Ions
search for clews the officers became
convinced that the murder had been
committed by Davis and Gleason.
Search was instituted for them. and re-
wards were offered. but II was not until
the early spring OF the next year that
they were located. Davis was found
oervtng q term in the penitentiary at
yuma, ana Gleason was apprehended at
Deer Lodge, Mont. Both were taken
to Albion. where Davis was put on trial
for the killing Of Wilson. a conviction
resulting. Gleason was afterward tried,
but wal acquitted.
The supreme court. in passing on the
case. says: The evidence shows hat
the defendant and his companion. Clea-
con. were In the vicinity where the
homicide occurred for even or eight
dsys. and that they were feeding grain
to their horses. They were endeavor-
ing to keep their presence In that vi
cinity known az little as possible. n
then only to employees Of the cattle
for whom they were working.
The evidence tends to show that the
defendant and Gleason deliberately
planned the murder OF Wilson n
Cummins. and that in DO doing they
we're preparing to rely upon the de-
Tense OF an alibi IL charged with the
crime. and the declaration Of the de-
PENDANT to the effect that he could
prove an alibi strengthens and con.
frms this theory. The declaration and
the threats made by defendant against
sheepmen generally, n the actions
Of defendant and Gleason. with all of
the surrounding circumstances. point
TO them as the party or persons who
night of February 2. 1896, and the de-
PENDANT admitted thai he and Gleason
were the parties who made the attack.
but he claimed the honor of doing all
of the shooting that was done in the
attacking party. The circumstances
and actions Of the defendant and Glea-
son point to them beyond any reason
able doubt as the parties who attacked
tho camp of Wilson and Cummins on
the morning of the 14th OF February.
After tina the defendant told George
Porter, q merchant at Deeth, New,
that he us getting $40 a month Cor
shooting sheepherders."
The gist Of the defense OF alfbi ON
sists in showing that At he tim the
crime wal committed the accused was
At Q place different from that where
the crime occurred. without showing
that the defendant was At q different
place when h crime Of which he has
been convicted occurred. the defense
have endeavored to make IL appear i'm
probable hat he was present at that
time and place of homicide in question.
The verdict Of the Jury 10 sustained by
the evidence"