The times. [volume] (Richmond, Va.) 1890-1903, 1900-12-23
sneepmen, determined that the man should

sheepmen, determined that the man should
not escape.
Cowboys were there from hundreds OF
miles around. The large sums of money
displayed by each side caused charges OF
bribery to be made freely Quarrels
occurred hourly, but the sheriff was too
close by for any shooting.
Diamondtield Jack was found guilty and
sentenced to be executed There soon
arose among sheepmen feeling that
the jail at Albion was unsafe, and that
an attempt would be made TO rescue the
prisoner.
He was removed to Boise Penitentiary
and a law passed 10y the Legislature OF
Idaho to the effect that all criminals I'M
der sentence of death should be execut-
ed at the States prison and not at the
county jails.
From this point the legal proceedings in
the case are most extraordinary and III
the campaign of 1898 the Diamondield
CASE APPEALED
From the District Court the case was
taken to the Supreme Court of Idaho,
where the action of the lower court was
sustained. II then went to the Board OF
Pardons Here a surprise was in store
he prosecution. Diamontieli Jacks
attorney presented to the Board OF Far
dons the sworn affidavit of one J. Z.
4
reid Company, to the effect that in his
nresence and for his defense Jeff Gray.
also an employee of the company, had
killed the two steepherders, and that
Diamonddeld Jack had nothing whatever
to do with it. The prosecution was
thunderstruck. The Board of Pardons
took time to consider. In the meantime
J. f. Bower had given himself UP to the
authorities of Cassia county, and after a
preliminary hearing had been released on
a $4,000 bond furnished by the Sparks
Herreld Company. Jeff Gray. who at
first had fled the country, also delivered
himself to the authorities and was allow
ed his liberty on the same bail. This
was in 1885
N January. 1899. three days before the
! date set for the execution of Diamondfield
Jack. the new Board of Pardons refused
TO take any action in the matter.
\ STAY GRANTED
| DiamondfelG Jack seemed to be at the
! end of his rope. The attorneys for the
defense, however were not baffled They
applied TO the United States district Judge
in chambers for a writ of habeas corpus.
They were refused. Not daunted, they
then petitiOned the Circuit Court of APP
peais in San Francisco for stay OF exc
ct,tion on the ground that inasnuch as
the law passed by the Legislature OF
Idaho, requiring that all executions be
made BY the warden of the State Penten-
tiary, was subsequent to conviction and
sentence OF Diamondfield Jack, it had no
esr-.r. in the case and that neither the
Sheriff of Cassia county nor the warden
OF the States Prison had any real jur-
isdiction of the prisoner. The stay was
granted and horseback messenger reach
ed Albion. which is sixty miles from the
| railroad, the night before the day OF exc
cution. All preparations had been made.
and Jack expected TO die. Urior 10 this.
| the sheriff of Cassia county had gained
possession of the prisoner by action In
the Supreme Court OF Idaho, against the
| warden of the penitentiary.
no JURISDICTION.
Upon further hearing OF the action be-
F'.~,1,otsco it decided that II had no jur-
isdiction in the case. The defense then
petitioned for a writ OF habeas corpus to
| the Judge OF the United States Circuit
Court and were refused Upon the re-
fusal. appeal was made to the Supreme
Court OF the United States. The Judge
OF the United States Circuit Court then
, issued q stay OF execution. and there she
matter rests until the session OF the Su-
~. Ma C'ft1rr- whch will occur in Octooer.
The contentious are upon the merits OF
the case and upon various techhlcaiit.es,
In the meantime ]. E, Bower ana Jeh
Gray were tried for murder In the D,s-
trict Court at Albion and Acquired ois Nc
gound OF justltiable self-deEense-
It does not seem possible that any cass
could contain greater array OF incoI-
sruities than this. First, Diamondhela
Jack is convicted of murder and date "
execution four times fixed. Appear on
the scene two men who confess that they