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


only defending his rights and then
I arrabee to satisfy himself had de-
struck him. He severe
" scored and criticised Fairburn's
testimony. Then he compared the
two relative physiques Of the two
men, showing at what a disadyan-
tage Long was and that when Lar
rabee invited Long to 60 out OF the
tent with him, that it was . deiiD-
crate plan to take him out and
wreak his vengeance on him and
that Larrabee had merely got what
he deserved, that it had been con-
tinual aggravation Of Long BY Lar
rabee which had caused the as
sault and that Long had only done
what any self-respecting man
would do under the circumstances.
He said that the state had signally
failed to impeach any OF the WIT
nesses for the defense.
He reviewed the testimony OF
Thompson and Fields very fully,
then justifying defendant in not
going on the stand from the fact
that he said that the state had
produced the very facts which
were in the defendants favor,
which made it unnecessary. Again
he said Iarrabee had forced the
fight on Long and that Longs act
ions were those Of an impulsive
man and clearly not premeditated.
He said the living had rights as
well as the dead which have to be
considered and said that James
Long had only done what was the
birthright of every American citi-
zen-fought for his rights. Then
he said, There is no crime this
man is guilty of, but if your honor
should in your judgment deem him
guilty of crime it can only be
manslaughter.' He took issue
with the state on the point that
the deceased had a deadly weapon
on his person at the time of his de-
mise, citing law points to sustain
his position. Then he recited the
facts in the case one by one, bring
ing out all tine fine, delicate points
and utilizing them in the interest
of his client. Then he said that
in the excitement of the moment
little of the testimony regarding
the knife could be relied upon
and that Thompson had testified
truthfully when he said that they
were all ratified and could not tell
the real size of the knife. Then
asking the court to discharge his
client for he was innocent of any
crime and suffered sufficiently al
ready, he concluded.
Mr.. Ailshie made strong and
powerful plea for his client and
has fought hard, uphill fight do
ing credit to the trust imposed in
him.
Mr.. Scales then closed for the
prosecution briefly. He spoke oil
the sacredness of human life and
how no man had the right to take
the life Of another; of the moral
status of the case and saying that
if a man committed murder there
should be ian eye for an eve, q
tooth for TOOTH and said that
when Long extinguished the life
spark in Larrabee he had commit
ted the greatest crime known to
law, showing how futile were the
attempts of Mr.. Ailshie to use
drunkenness as an excuse for the
act, showing at the same time how
every act of the accused was pre-.
meditated and that Long could
never have considered that his life
was in danger. He then showed
that Long had never attempted to
avoid the trouble or get away but
had been the aggressor. Conclud-
ing, he called the courts attention
to his duty as committing magis-
trate. Mr.. Scales speech was a
powerful, logical, oratorical effort
His speech was listened to with
the most rapt attention by the aud
renee and the room was as quiet as
II 1t was not crowded to snffoca-
ton.
The court then took the
matter under advisement and con-
sideration until $50 D. m.
When court convened the .Judoa
SAID: Gentlemen, the Court is
now ready to pass upon the guilt
or innocence of this defendant: this
matter has been before me for four
days and while it is not nv pro
vince to find the defendant guilty.
or pass upon the degree Of his
guilt, yet from all the evidence adj
duced and produced before this
court, | feel it my duty to find the
defendant guilty of murder in the
second degree and will commit
nm 20 the custody of the sheriff
OF Idaho county under bonds Of
s4,oU and that he shall stand so
committed until such bonds are
produced which shall be satisfac.
tory to this court.
AT this time I wish to commit
ment the attorneys on both sides
ior the mastery way and manner
IN n,hio6 IL -e'AA mn