Lewiston evening teller. (Lewiston, Idaho) 1900-1900, 1900-09-26

he was TO have been used by the state he
should have been excluded with the bal
ance Of the witnesses from the court
room.
Attorney Danford, for the state, merely
stated that Squires had been unexpect-
edly required for rebuttal testimony and
none other and that the charge now
pending against him was dismissed. The
court took the matter under advisement
for some few minutes after which he rem
dered lengthy decision, finally granting
the state the privilege to use Squires as a
rebuttal witness.
Squires stated that Denny hired him to
go to the Smith ranch to ger the horses
and that upon their return handed him
SIo. This was in contradiction to Den.
ny's testimony yesterday in which he
stated he only gave him 81. After cross
examination backward and forward sew
eral times, witness Squires was excused
and court took recess until o'clock.
During the afternoon session yesterday,
after the state had rested, Reid, fur the
defense, stated to the jury that Dow and
man named Chitwood had been to the
Smith pasture and later Dow hired
Denny to 60 to the pasture and get the
horses, paying him the sum Of $500 and
that Denny hired Elton Squires to go
with him to get the horses, paying him
$a.oo.
Denny was placed on the stand and
practically testified to the facts stated
above.
The afternoon session Of the court was
opened with the Denny case. Mrs. Dow
was placed on the. stand In rebuttal and
testified as to the household goods being
removed from her residence the day after
the horses were delivered to her husband.
c. A. Dow was also called, and testified
practically to the same thing.
| The state next introduced some new
witnesses in the person Of Mrs. 0. c. Bun
nell and Mrs. Kitzmiller. These were
objected to by Mr.. Reid, on the grounds
of new testimony in rebuttal not being
permissible. He was overruled by the
court.
Mrs. Bunnell stated having been at
Mrs. Kitzmiller's house on east Main
street when Defendant Denny and Elton
Squires rode by on horseback. she CALI
ing to Denny to inquire about renting
horse and buggy from his stable. She
stated she had very little conversation
with Denny. aud did not notice whether
or not either Denny or Squres were lead
ing any horses at all. Mrs. Kitzmiller
testified, practically coroborating Mrs.
Bsnnell's testimony in some particulars.
Witness were excused after Attorney
Reid, for defendant, ascertained that il
was between and 4 p. M. when this oc-
cnrrence took place.
AT this point Attorney Reid asked per.
mission Of the court to introduce new
testimony IN the case in the person Of
Jack Thornton, stating he wished to in
troduce witness to show just at what
time the furniture was taken from the
Dow home, he having helped load II. and
also to testify In reference to the value.
The state objected to the witness being
introduced by the defendant, as it would
reopen the case, and therefore the testi-
mony was not admissible. Objection
was sustained by the court.
The matter is being argued by the state
at the time of our going to press. II is
expected that the case will 90 to the
Jury some time tonight.
! Both the state and defendants attor-
neys have concluded their argument in
the Denny case and the court has in
structed the jury.