The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1901-11-08

county. In looking over the evil
dence and the verdict of the twelve I
good men and true | am forcibly
reminded of story | read some
time ago. A sergeant was one day
ordered to take out few raw re-
cruits and teach them the drill.
He latored long and patiently but
with little success. "Pr'sint ar
runs" said he, and the recruits
obeyed. They presented arms; one
with his gun standing at rest, an
other with his gun on the right
shoulder, another with his gun on
the left, etc. "Well I'll be id"
said the Infatuated sergeant, eff
liver | saw SIGH a pr'sint arrums,
Jist step out here and take a look
at yerselfs."
Let the jury procure copy of
'The Silver Blade" dated Sept %,
1901, read therein the evidence,
compare it with their verdict and
then let them step out and take
look at themselves.
In order that justice might be
done or melted out to all concerned,
the.Judge is empowered to reverse
the decision of the jury if they
have not rendered Just verdict or
a verdict according to the evidence.
This the jury certainly did not do.
Why did Judge McBee sustain the
verdict? He certainly did not
think it was just.
On July Goth Judge McBee gave
me letters of guardianship over Mr.,
Brady's children. Shortly after
wards petition was presented re-
questing that Frank Pine be APP
pointed guardian ad Item. Pine
is the man that kidnapped Brady's
children. He is a nonresident of
this state. There is now, and was
then, warrant for his arrest on
the charge of child-stealing. Is
, such a man eligible for the guard
: ianship ad Item? Judge McBee
appointed him as such and this is
then now the case stands. Through
me, the testamentory guardian
holding letters of guardianship
issued by the Judge of the Probate
Court the children say their father
: was of sound and disposing mind
through Frank Pine, the guardian
: ad Item, appointed by the same
| Judge, the children say their father
- was crazy.
Whoever heard of such a pro-
y ceedingl Had the Judge refused
:; to appoint Mr. Pine, for the reasons
u given above, and appointed som,
y other man, no one could find faul
- with the appointment. The APP
y pointment of Frank Pine as guard
e ian ad Item, in order to give him
chance to break the will; and tn,
J refusal to over rule or set aside tn
&c very unjust verdict Of the jury ar
= two things not calculated to elevate
:, the Judge in the public mind.
II II AS the time set for the trial drew
"A nigh, there was great deal Of anx
Sc ietv displayed lest the attorney fo
Mr.. Pine should not get in his APP
ie plication for jury. OF this l vii
Il speak later if necessary, and q
E those who betrayed this anxiety.
" This miserable affair occurre,
n' because G. W. Dyer, the sheriff c
~ Kootenai, refused to take from m,
Z. in presence of John White, q
a. Clark's Fork, the writ of habea
" corpus issued by order of Judg
:. Mayhem l know that there was
II quasi search made of the train
=. coming into and leaving Rathdrur
~ on the night of July Goth, 100
: Had the sheriff gone three or fou
u hundred yards from the depot, to
II large barn that is by the roadsid
~ he would have got his man an
~ also the livery man that drove tt
" quartet away. Had he sent tel
We grams along the lines in souther
Idaho, the man would have been a
" rested. do not say that he sent l
II such messages, but certified copi
7u of the messages he sent to station
ITS along the Oregon Short Line woul
oi tend greatly to exonerate hir
ie Now had he been as diligent as
, ,.i merchant l know, who lives not
iiu miles from Rathdrun., he wou
u'' have caught his man. This me
'ae chant was SO interested in the Ca
,ut th.t bo y;r.d NJ p;no not 70 oo