Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1900-07-27

In Justice Sweets court this morning
at 8 O'Clock the preliminary hearing in
the case of the State of Idaho versus Ed.
Beck and Kittie Ross was resumed. A
subpoena was issued for c. A. Dow,
resident of Vineland, by the defense.
Mr.. Dow was placed on the stand and
testified that he was barber by trade
and conducted place near the O. r. &
N. saloon. He stated that at the request
of Attorney John Green of the defense, he
went to a position opposite DIR. Van
Zandt's window of his Office in the Will
denthaler block and examined the dis.
tance to see how far down the
street person looking from the ex-
treme left window of the doctors Office
could see. He testified that a person
could not possibly see person or object
from the given point further.than IL feet
from the corner of the N. p. saloon to the
outer edge of the sidewalk. Danford, of
the state, cross, examined witness in rela-
ton to the facts, this testimony was in
troduced in order to prove that DR. Van
Zsndt, who testified yesterday, could not
have seen any greater distance than II
feet from the corner of the lodging house
looking north on the sidewalk. Con-
siderable discussion was had over the
| distance, between counsel on both sides
and witness. Attorney Danford request
ed the court before deciding on the case
to satisfy himself in relation to these
! facts. Here the defense rested. The
state also rested.
Attorneys for defense moved to be al
lowed to make their argument now be-
fore the testimony was transcribed. Ow-
ing to the condition of the weather and
the inconvenience which the defendants
are at in being incarcerated in the county
/ Jail. Attorney Green, of the defense, ar
gued at length on the statutory laws re-
garding this and respectfully asked the
court to grant the prayer. The state OBJ
jected very strenuouly, though he was
satisfied to allow the defense to make
their argument, but he stated he would
wait for the record of the testimony to be
transcribed before making his argument
! The court interposed and stated that
under the conditions and owing to the
serious ever brought up in the state, he
would not proceed with any undue haste
in the disposition of the case, and set
o'clock Monday afternoon as date for
further hearing.
1t is expected that rebuttal testimony
will be introduced at the next hearing,
After the adjournment the court and
attorneys on both sides proceeded to the
office of DIR. Van Zandt OH Main street
Z where Justice Sweet viewed from the
doctors window the distance at which a
person might be seen coming from a
northerly direction along the sidewalk
He refrained from giving any opinion
By this time large crowd had assembled
and opinions varied as to the distance
Some said it was 20 feet and others 4e
feet; however the testimony of DIR. Var
Zandt will in all probability be corrobor
ated by expert witnesses on the matter
Much interest is being displayed by thu
public in general over the outcome.
Hans Mumm, U. S. deputy minera
surveyor arrived in the city last nigh
from Buffalo Hump where he has beer
l on business and states that great dea
of activity is being displayed at the ne'
town which is being built this side {
1 the Hump aud that Mr.. Sweeney
spending considerable money toward
the Improvement Of the district.