The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1892-1907, 1902-01-11
TRIAL OF BRADY WILL CASE
SOME SENSATIONAL AFFIDAvITs
Officers Deny the Charges aud the Court
Refuses to Grant a Change Of Venue in
the Cass.- A Jury Secured, and the
Trial Of the Case Continued During
The Week.

NtNNA*AfStAha AAASbAiAtk ~ y 4N
Brady has its sequel in the contest over
his will-or the 5000 insurance money
that goes with ii. Our readers are fam
Mar with the spiIiting away OF the
Brady orphans after the death OF their
father aud the subsequent proceedings
OF Father Purcell 20 obtain possession
OF them as guardian under the alleged
will Of their father.
The case was tried ia the probate
court before jury TO test the validity
OF the will aud after hearing the evil
dence the jury brought in verdict, by
deciding that Brady was incompetent
TO make will at the time lie attached
his signature TO the paper purporting 20
be such document.
Later on the priest published letter
in the Kootenai Herald making charges
Of prejudice and perjury against Off
GERS and jurors. His denunciation Of
the jury was a scathlng rebuke for not
deciding the case in his favor. lie also
published somewhat milder article
Z in the PRESS, with which our readers
are familiar. An Of these things have
kept the matter before the public. The
priest appealed from tile decision OF
the jury Ia the probate court and the
case came up for hearing in the dis
trict court, Thursday OF last week, and
from the irst ii became evident that a
bitter contest was on. The attorneys
for Father Purcell made a motion that
the case be tried before the judge, stat.
ing that they could not get fair trial
before a jury. Judge Mayhem denied
tie motion, stating that the case had
been tried before jury ia the probate
court and il had been the expectation
all the time that it would be tried be-
fore "A jury nj this time. The next
move was for change Of venue to
sAoshone county, Father Purcell fling
a sensational affidavit charging eriG
Dyer, his chief deputy. T. H. Bradbury,
the bailfIs and officers generally, with
being prejudiced against him on ac
count u religion and with having lamp
cred with tie regular jurors in such a
manner as TO prejudice them agaius;
Tim and that he could not get justice
from jury Ia this county. The priest.
IN portion u his sworn statement,
says that 1.-The motive actuating the
sad Cias, ". Dyer in lis said attack is
uureasoniHg prejudice against the
Catholic church" The affidavit goes
into minute details all leading 10 the
same conclusion, that an unparalleled
jury cannot be obtained on account Of
tie officers and the bias alleged to ex.
isi against the Ca,Loic church IN this
county
The two principle answers 20 the
affidavit Of the priest were made b,
Sheriff Dyer and Chief Deputy Brad
bury. Tie sheriff denies every charge
Of Father Purcell lie denies that a
fair trial cannot be had in this county
Oh account OF prejudice against Cath
o.lcg; says that no religious prejudice
exists by himself or deputies The
sheriff denies that he refused to serve a
wit OF l.abeas corpgs an Frank Pine,
The alleged kiduuper OF the Brady
children, as charged uy Father Purcell.
but says that he made dii,lgeut search
for Pine and his statement in this re-
spect is borne cut by the affidavit OF
Deputy sheriff Bradbury who says that
he Witnessed tie Efforts Of the sheriff
and james Graham, attorney for The
priest, 10 lud Pine by searching tie
train ne was supposed 90 take out Of
Ratldram lie says that tAe state
meu,s Of the priest charging hin with
"aureasouiug prejudice" Me false in
every particular. that he nor any Of bis
deputies ever have attempted TO iufu
ence a juror or any one else. lie denies
that 1t would be impossible 10 liud a
jury unbiased. cat OF the regular panel,
aud dcnuuucrS the statements Of Faith.
or Purcell as "an unjust and outrage
ous rejection upon my office, the depu-
lies thereof, aud the momhtls Of said
j9ry." lie also states that lie knows
nothing Of tie opinions or religious be-
iicfs Of the jury. lie further says that
Should the sheriff or lis deputies be
called upon 10 summons more jurors
Tor said Trial they could he secured
without prejudice. He says that ii any
difficulty is experienced in obtaining a
jary on account OF publicity, II viii be
Que 10 The publicity given tie case 10y
the numerous letters pUohshsd and lu-
spircd in tie newspapers by Father
Purcell, aud cites the attack oa the jury
that tlied the case in the probate court,
which appeared in the kootenai Herald,
aud another letter published in the
PRESS over the priests signature. The
Herald letter is quoted in tie affidavit.
Deputy sheriff Bradbury also filed a
strong AFFIDAVIT in opposition to that of
Father Purcell. After being daily sworn
lac says that he read the affidavit of the
priest upon which he bases his claim
for change OF venue. lie denies that
there is bitter prejudice against the
Catholic religion in this county and
saws the statement 10 that effect is un-
true. lie further says; al think | am
well advised in the premises, for al
though | am not member OF any
church organization, yet my wife is a
member of the Catholic church of RSth-
drum. Of which the said r J. Purcell is
the officiating priest, and my three
,bil,lren bavp heeu haptiSed into said