Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1899-11-17
THE RlGlEY CASE CONTINUED
"1any afe Called and Few Chosen" But
4 Pull Jury is at Last
Empanneled.


with II men in the box. TIL
special venire of eight men was a
follows: c. +. Brown. Mix
Decay, d. S. Peters, A. r. Rey
nolds, l.. J. Root, Allen Nurss
w. H. Walp and Fred Smith
Each was examined and all wer
objected to until the name of d. S
Peters was called, who was per
mitted to retain the vacant chat
and the jury of twelve good ant
true men was passed for cause b,
both the state and the defense
After the jury had been sworn, ant
the information read, the frs
witness placed on the stand was ia
cob N. Rice who testified substan
TALLY us follows; am AZ years Of
age, prospector and miner, have
resided at Florence, this county
and state, three years. Have
known BARLEY n Rigley one year.
Saw him at the Jersey House
Grangeville, Nov. 6, 1898; had a
difficulty with him on that date.
He came in with a rubber ball in
his hand. l was sitting with my
feet up on table reading a novel,
and he said to me: cake Rice,
are you built like this ball?" and |
answered, "No, Mr.. Rigley, l guess
not" and with that he pulled out
q gun from under his vest; the
vest was open and he said "Jake
Rice, l am going to kill you like a
dog" He then made an attempt
to cock the gun; l jumped up and
grabbed him by the hands and we
struggled for the possession of the
gun. There were three shots fred;
the first was discharged while |
was holding his hand up so (indi-
cating) and lodged in the ceiling,
the second went into the floor, the
third lodged in his leg while he
was trying to get his arm back of
me. l got possession of the gun,
but not until after Rigley had been
shot. Officer Robinson came in
and said to me: "Give me that
gun, I am an Officer which did.
Sears, Chesebro and Crooks were
there. Yes, that is the pistol.
The gun was then offered in evil
dence by the state. The pistol is a
As Colts.
The defense then took the wit
ness for cross examination. TO
questions by J. w. Reid he an
swered; had no trouble with Rig
ley prior to this affair. The morn
ing before, he and / had one or
two drinks together. The gun was
stuck in his trowsers when he pull
I'd it. He was perfectly cool and
collected; he attempted to cock the
pistol, but did not succeed; as soon
ss he did pull it, l jumped up and
grabbed his hands. l think he had
'een drinking considerably; his
sctions were those Of a drunken
nan. would not state that he
vas on debauch or a spree, and |
,Ould not swear that he had been
thinking to excess. | consider
hat any man who would draw a
,un and flourish it the way he did |
vas pursuing the actions of a
lrunken fool. l jumped up and
,rabbed the pistol to save myself. |
lie did not handle the pistol reck-
essly and he was not so drunk but
hat he was hard man to handle
nd to throw down. When the
bird shot went off ne said: "Rice,
am shot," and l said: "Bert
i've me the gum" to which he re-
pended, "NOt by damn sight,
ot until l kill you first;" then /
OF possession of the gun and hit
i'm and he fell, his head hitting a
hair. l might have hit him two
r three times but / think it was
My once.
In answer to the question why
9 did not kill Rigley when he had
ne gun and if it was not because
Q knew he WAS drunk, witness an
wered: "No, a man under these
circumstances thinks quickly and
was because l thought Of my
lie and his mother of whom he
ad spoken so many times while at
lorenzo, and l thought it would
3 cowardly to kill IL man when l
ad him under control. l had
inn down on the floor and held
i'm by the leg and l said: Bert,
e STILL Yes, l told County At
'rney Scales and Bunnell that he
as drunk. l had seen him on a
.ree in Florence prior to this.
hen l had him down he said: :
AXE, why did you start this
ouble? and ! answered that had i
ot started it and he said: Yes, ,
'u did, YOU called me a ---.'|
cannot swear how l held him ex-
lily when | hit him with the gun,
1t 1t was not with the handle
Upon redirect examination by
ilshie, witness repeated that de-
ndant had always refused to sur
nder the gun and repeated his I
They Wear Like Iron I