Lewiston evening teller. (Lewiston, Idaho) 1900-1900, 1900-09-13
Doings OF the District Court.

following business transacted
In the case of S. o. Tannahill VS.. S. G.
Isaman ct al motion to strike out GER
tain portions of the amended complaint
was arranged, submitted to and over
ruled by the court, answer to be filed by
Sept 18TH, p. nj.
In the case of the state of Idaho VS..
Harry Moves. Vim. Phenney and Frank
Lowe, James w. Reid, attorney for the
defendants, addressed the court present
ing the following argument:
Now, at this time, the court having
called the above named defendants for ar
raignment, now comes Harry Noyes and
Frank Lowe and through their counsel,
| James w. Reid, object to an arraignment
at this time for their preliminary
examination was held on day before yes
terday morning at 9 O'Clock they were
held to answer, and in the afternoon of
the same day they were called for ar
raignment, and the said counsel, James
w. Reid, being engaged in a trial in
said court, stated to the court that he de-
sired to apply for writ of habeas corpus
on the ground that said defendants were
held without sufficient evidence and in
excessive bail, that he had dictated
the. said petition to his stenog-
rapher, and as soon as he could
get released from court he would file it
and apply to the court for the issuance of
said writ, that he did on this morning
file said writ, and here in open court
calls the attention of the court to the pc
tition therefor, and asks that the said pc
| tition be considered and acted upon be-
fore the said parties are called for ar
raignment.
He further calls attention of the
court to the fact that the law concern
| ing informations is substitute
for the action of the grand Jury
and that the evidence on which a
party is held is basis for an information,
which must have the same suficiency as
an indictment found by grand jury, and
therefore prays the court that the petition
of the said defendants fled for said writ
of habeas corpus be examined and acted
upon by said court, and that the said
writ issue before proceeding with the said
trial; and for the further ground that it
has only been two days since the parties
q VIC tr,ira1 I'D hat he, -
in Jail day or two for the accommoda-
ton of the court of the committing mag
istrate, and the prosecution. The court
will hear the application for habeas
corpus proceedings this evening at 80.
The jury was called and the following
jurors answered j. Alexander, Antoine
Heitfeld, Henry Miller, S. f. Arant, Ed
l.. Wiggin, J. M. Harrington, George H.
Ruddle, George Whitney, Jasper Mounce,
Oriel Dnmbald, Ben Mccoy, Charles F.
Thomas, Ephriam Nelson, and Mary Ha-
ner.
Joe Alexander was excused on account
of sickness until the 24th aud Mary Ha-
ner through the term. There being only
Ia jurors left after the former we're ex-
cused special venre of ? jurors was
issued returnable tomorrow at a. m.
Joe Barham was appointed by the court
as bailiff.
The afternoon session was opened, the
jury being called by the court who ad-
dressed them in a we'll defined manner
on the duties incumbent OIL them and
dismissed them until 9 o clock tomorrow.
A petition was read to the court as pre-.
sented by Indian Agent Stranahan,
which was read in the presence of Dep
uty Sheriff Schuldt, asking the court to
Issue an order allowing the petitioner to
interview all Indians incarcerated in the
county Jail, which it is his duty to do. |
A verbal answer was made by Deputy
Sheriff Schuldt who stated that he had
at all times accorded the privilege of the
county Jail to Mr.. Stranahan. The Judge
that misunderstanding was
had between the deputy and Mr.. Stran-
ahan, but signed an order to allow the
prayer of the petitioner.
The case of Ella K Grim VS.. Charles
Irim was called this afternoon and wit
nesses on both sides excluded from the
room. This is an action for divorce. The
court excluded all spectators and parties
NOT directly interested from the court
room.