Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1899-12-08

animation of the jury and en-.
deavOred to show that the
first blow was delivered by
Long in Larrabee's back.
Counsel showed how the blow
was struck and by actual
measurements, what the size of
the knife must necessarily
have been. He denounced
the witnesses who had tried to
besmirch the dead mans char.
acter. Let your mind revert
to the poor lone mother of the
dead man, sorrowing for her
lost boy. Larrabee's last
words were: "No, | did not
strike him outside the tent"
and giving his dear old moth.
er's name and address, he ex.
pired.
Thanking the jury he con.
cluded. His address was
purely and essentially argu.
mentative, making his hypoth-
esis and then drawing the nat.
ural conclusion.
j. W. Reid opened for the de-
fense. The attorneys for the state
had worked zealously and with fidel-
ity. This was not ase for oratory,
but of facts. The information was
no evidence, but a suggestion that
trial jury might find conviction.
II the jury could not find defend
ant guilty of murder in the first
degree they shonld not compromise
matters but act like men and bring
in a verdict of not guilty. The
jury had listened to funeral ora
tion, not an argument. To be
slapped, robbed, .enticed outside
and then struck, would look as If
the charge of murder would take
wings. There was no premedita-
ton in this case; Long was drunk,
and it could not be expected that
he should take beating from this
big bully; he had right to defend
himself from bodily injury; if Lar
rabee's voice had been here today
Jim Long would be sleeping in his
grave. Larrabee did not go into
the mines to delve in the earth but
to sell hell fire and gamble with
those who did, and if he could not
get the money any other way he
would take it from them by force.
in the face of the law; that ne was
a saloon man and a gambler, and
he cheated at cards, as was proven
by the evidence; the states whole
witnesses had testified to LARA
bees bad character-not even the
partner who had taken his dia-
monds could say good word for
the deceased. Long was good,
honest, Woodworking miner, aud
the only thing against him was that
he drank Larrabee's bad whiskey,
while Larrabee prided himself on
being bully, wearing diamonds.
He then related the Story OF the
poker game, and criticized the
state for not putting Thompson on
the stand. After a brief consider
alton of the testimony he closed.
| j. f. Ailshie closed for the de.
Tense. The old idea of "an eye
for an eye, tooth for a tooth"
was a thing Of the past. 1t is as
much the county attorneys duty
to liberate an innocent man as to
convict a guilty one, and when the
state failed to put the only eye-wit-
ness (McEvoy) on the stand, it
showed there was something wrong.
There was no evidence which un-
der any circumstances could be
construed to lead TO a verdict of
murder in the first or second de-
gree, and he begged the jury not
to compromise but to do their
sworn duty and acquit the defend
ant. There is only one way to
Judge this case; put yourself in
Longs place and see if you should
be bullied and abused with impun-
ity, taking into consideration Lar
rabee's physical advantages, and
see if you can find verdict for
conviction. The evidence shows
that Larrabee was a gigantic bully
and brute. A mans person should
be protected, and there is none
like himself to defend himself. He
showed the gigantic size and ply.
sique Of Larrabee and compared
him with Long. No man was
forced to take whipping like a
cur and not fight back and use all
force necessary to defend himsel
from bodily injury, even to the use
} Of weapons, if he deemed it neces
sary; the man who invariably car
ried a gun was cowardly bully
and such was Larrabee, from til,
! evidence; Long knew his reputa
} tion and justifably was afraid o
. him, and when Larrabee strucl
him the second time would no
;. have been man il he had not de
I. Tended himself. 1t is not wrong Il