Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1899-12-01
OPINION.

Riggs, Held Before }. X. Vim
cent, Probate Judge, Idaho
County, Idaho.
Since last evening, l have exam
ined again the testimony in this
case, and am now ready to render
my opinion, having gotten through
with the testimony as it was given.
This examination has been a
long, tedious examination, and one
that has been very hard on the at
torneys, and the citizens and wit
nesses, as well as on the relatives
of the deceased.
find in reading through all the
evidence that has been brought be.
fore me, that the trouble seems to
have commenced about the middle
of April. of this year, between the
deceased party and the defendant
in this case, and the brother, on
account of the Riggs brothers hav-
ing property on the government
land-public lands of the United
States, where any American citi-
zen, or any person who has de-
clared his intention to become d
citizen of the United States, has
just as good right to go as another
American citizen. Ifthey were in
fringing on any ones rights, there
are certain ways pointed out, and
certain duties that they ought to
practice, instead Of taking the law
into their own hands, as the law
gives to them the right to enjoy all
that belongs to them. On the con-
trary to that, on the 18th of April,
or about the middle OF April,
the second week in April,
the testimony goes on to state from
one of the employees of the Riggs
brothers, and also by the evidence
of Mr.. Henry G. Riggs, one of the
parties who were the owners OF
this property, orders were given
that the sheep were to be driven
away from the United States lands;
one Of these parties, and a strang-
er, not known to the man at that
time, went to their residence on
this public land, and threatened
them with threats of shooting Oh
killing if such property was not
taken off; that they would take il
off, if they had to use force, anc
with a good deal of abuse, instead
of going in quiet and peaceablt
way, and letting the law take 1T
course, and thus undertaking tt
take the law into their own hands
And then, still following that up
the deceased and his brother, from
that time up to the time of this ia
tai tragedy week before that
the deceased and his brother, arm
ed with guns, and against all law
or right, or justice, take propert.
not belonging to them, but by par
ties that were occupying govern
ment lands of the United States a
they had perfect right to do, an
removed a part of this property 70
three or four miles, Show far l d
not recall, from two and half t
four miles, also at that time threat
ening an employee of the defend
ant in this case, with great bodil
harm, when he was instructed b
his employer not to interfere wit
any property or any rights of theirs
with the intention of having the
own way, they took the laws of til
United States into their own hands
) intending to enforce them not /
,, right, but by might. The Rigs
, boys were informed that they ha
. made these threats again
r their property and again
: their lives; and the
e threats were made in Il
r presence of their uncle who Ia
S come to this deceased mans hou
a to buy cattle, and who would
;. more likely than an uncle to SHE
= the young men, aud notify them
= these threats and put them on the
e guard? In all probability he di
|, Whether he did or not, it came d
y finitely to their ears. He said
l. the herders came back there,
n would fill them full of holes, tn
q he would kill the whole damn
: lot, and he told the herder s
a There was a threat point blan
not only against the owners Of t
property but against the emplo
ees.
= Our law distinctly says thai
y man has right to protect his pre-
$, erty, even by force. l will re
m that statute. II l misundersta
Of the law, l don't misundersta
ne plain English language as it is !;
vs. down in our statute, which civ
n. a man the right to defend his o
=. life and his property against a
<. one who may try to interfere W
no it.
US (The Court here reads section
homicide.
Wherever a man employs ?
son even, it don't make any I
!. ference what work he is emplo,
AZ in, from a government solo
down to a miner, whenever