Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1899-09-15

he had tnpPed over guy Upo
holding the tent and l don't think
there ever was one but there Is one
at the top OF the wall of the tent |
From the distance l was / could
not be very positive as to any OF
the details only what have stated. |
Here Mr.. Ailshie announced the
defendant rests and Mr.. Scales an
swered that the state rests
From Fridays daily.
After the noon recess the inal
arguments were offered in the
Long case. County Attorney open
ed for the state, be presented le-
gal Authorities on questions OF law;
continuing he quoted the law bear
ing directly on this case and the
manifest duty Of the Justice hear
ing the cause, outlining distinctly
the essential differences between
murder in the first degree as charg-
ed. manslaughter and the minor
degrees, etc. He then explained
that under the head OF murder the
court had four degrees to consider.
He then commenced to argue the
case. claiming that there were alb
solutely no mitigating Circumstance
es nor was it justifable homicide in
any way, reviewing the facts one
by one as they had been testified to
in the inquiry, recalling the words
OF the accused, ssLarrabee wrong
ed me-" to show that there was
animus and that the crime was
premeditated. Continuing he
showed the discrepancies in the de-
Tense and how Long had been the
aggressor clear through the contro-
yersy and how LArrabee had re-
peatedly tried to make overtures
and then in ringing tones he re-
called Larrabee's last words DUR
ing the trouble, "What are you
trying to do to me?" recalling how
all the testimony showed that
Long had followed Larrabee up
even after the fatal blow had been
struck, showing that had Larrabee
any desire to injure Long that he
had had ample time and opportun-
ity to draw the gun which was in
his pocket.
i He reviewed Long interview
with witness Childs, and called 10
the attention Of the Judge the de-
PENDANTS words to him, II fiaed
him. and showing that although
Long was drunk he was neverthe-
less cunning enough to compre-
bend the legal situation and hide
the real weapon with which the
crime had been committed and
substituted therefor the small
pearl handled pen-knife and how
the next day when he had sober
ed up he again repeated that that
was the knife, in his conversation
with witness Turner. He said
that there was no provocation for
the assault justifying the deed but
that it was the vile desire for re-
venge and malice of heart which
Long had carried from noon until
night which had prompted the
deed.
/ He claimed that the least charge
which the court could hold the ac-
cused on was manslaughter. He
said that he would not attempt to
criticise the fact that Long had
elected not to 60 on the stand in
his own behalf and then with a
few more words he closed.
Mr.. Scales address was a cool.
argumentative resume and cover
ed every essential point of the
case.
| Mr.. Ailshie then arose, opening
his speech by deploring that there
had been killing and called at
tention to the fact that our COM
monwealth was to a certain extent
responsible for it, in that they had
tacitly endorsed the sale of liquor
to the defendant by taking reye.
nue. for it's sale from the liquor
dealers and had there been no sale
of liquor there would have been no
assault. He then recited the law
on the question showing that he
had not omitted one iota bearing
on the subject which could be used
to the advantage of his client to es-
cape and showed that it was Ger
tainly justifable homicide. He'se-
verely criticised the County Attor-
ney's citation Of authorities and
said that they were to say the
least, antiquated. He placed par
ticular stress on the fact that there
was neither malice or premedita-
ton in this case, and showed that
the burden of proof was on the
state. that Long had acted purely
and entirely in self defense and
without the least deliberation or
any Of the points called for in MUIR
der in the first degree. He said
there was not one scintilla of evil
dence to prove that this was case
OF murder either in the first or Sec
ond degree, 90 that he would ig-
more these charges and merely ar
que on the question Of homicide
Justifiable and that granddaughter
was the only charge which the