The Ketchum keystone. [volume] (Ketchum, Idaho) 1885-1899, 1898-01-08

out and hanged.
i A special from Wallace says
Interest in the recent murder Of
Foreman Whitney continues at .
high pitch. At no time since these
outrages begun has the discussion
and condemnation been so out.
spoken and emphatic as to-day.
The Herring Endorsement Case.
i The hearing in the case of NJ. D.
Herring on . charge of embezzle-
ment preferred by the Sentinel
Printing Company, which employed
Herring rs q solicitor, came up in
the justice court at Boise Monday.
The Statesman says:
The taking of evidence was con-
cluded with a showing on the part
of the prosecution of the number
of miles travelled by Herring from
Boise to north Idaho and in Koo-
tenai and Shoshone counties, ap-
parently in anticipation of heavy
bill of expenses rs 40 offset in de-
Tense. The Sentinel had agreed to
pay Herring's transportation and
give him a commission of 333 per
cent on all money collected. After
the defense had submitted all its
evidence the court ordered Herring
discharged, taking the ground that
the sum proven to have been stolen
was not sufficient to constitute en-
bezzlement, being less than the
statutory limit, $50. The justice
held, however, that he had juris-
diction of all matters growing out
of alleged thefts in this state but
would not take cognizance of acts
committed in other states.
The justice had no sooner COM
pleted the announcement of his
decision when Attorney Ruick for
the prosecution announced that a
warrant had been sworn to by Frank
Walton of the Sentinel charging
Herring with petit larceny, the theft
of $40. Deputy Sheriff Blair placed
Herring under arrest in the court
room and, under an agreement Of
counsel the trial of the case was
set for Saturday next at 10 O'Clock.
Herring pleaded not guilty and his
bond was fixed at $500, but his
counsel announced that no bond
would be given.
1t was learned after Herring had
been returned TO Jail that his arrest
on the minor charge was merely for
the purpose of holding him until
Sheriff Haney of Shoshone county
can arrive here to secure Herring
and take him to Shoshone county
to answer a charge of embezzlement
lodged against him in the probate
court of that county. The sheriff
is now on the road and may arrive
tonight.
The Shoshone county warrant
was sworn to by Lieutenant Cover
nor Moore of Burke, acting for the
Sentinel. Mr.. Walton stated to
reporter that it was the purpose of
tho Sentinel to prosecute Herring
vigorously in Shoshone county.
All the witnesses necessary could
be secured there with little trouble.
If the case were tried here the
county would he put to great ex-
pense to bring witnesses from the
north, and he did not want the case
to go on without bringing into court
the people from whom Herring is
alleged to have received money that
he did not account for to the Senti-
mel. He showed a telegram from
Mr.. Moore stating Herring had been
paid $50 by the Burke Miners union
for subscriptions to the Sentinel.
Herring seemed to be somewhat
gloomy when he entered the court
room last evening, but in converse
ton with his counsel and friends
be frightened up and expressed his
entire confidence in his ultimate
acquittal. He styled the proceed
ings as persecution.
LATER.-When Herring's attor-
neys learned that the charge Of petit
larcency was lodged against him
purely for the purpose of holding
HIM until the sheriff of Shoshone
county could arrive and arrest him
on = charge of embezzlement pre-
ferred in that county by Mr.. Moore
on behalf of the Sentinel, they at
once held q consultation with the
prisoner and the result was that on
Tuesday Herring admitted before
Justice Herrick that he appropri-
ated to his own use $40 Of money
which be had collected for the Sem
tinel company, and entered ! plea
Of guilty. The Justice Immediately
sentenced him to six months i'm
prisonment in the county Jail. Thie
action will prevent the transfer Of
the case to Shoshone county for
six months.
General Rivers, the Cuban COM
mander in Pinar del Rio, who was
wounded and captursd ~ Spanish
troops 10 Cuba lat March, has been
incarceratod il chains ia Spanish