The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1892-1907, 1902-01-11
Sherin's Office -
County of Kootenai o.

SheriI's Office
County of KOotenai o.
!, c. W. Dyer, sheriff Of The county OF
kootenai, State OF Idaho. certify that
! the within writ came TO band Oh the
20,h day Of July, 1901, and after due
search and diiigent enquiry | was I'M
able 10 iiud the within named Frank
Pine ia kootenai county.
C. ". DYER, Sheriff.
by T. ii. BRADBURY, Deputy.
Indorsed: Filed August q 1901.
JOHN G. CALLAHAN,
Clerk OF the District Court
/ The deputy sheriff further states that
he knows Of 40 bias or efforts to in
liuence the jury, and that there is no
basis for the statement OF the priest.
lie says that be sunmonsed Tie jurors
to try the case IN the probate court and
personally knew but few OF them and
did not know the religious views or
principles Of any OF the jurors serving
a. the present term Of court. lie says
he never directly or indirectly attempt
Cd 10 influence juror, and denies that
il is impossible 10 obtain jury from
the regular panel, or among the people
Of the county.
The other deputies in the sher.T's
Office and court bailiiTs file adidayits de
nying tie charges Of the priest in every
particular.
After the Cling Of these adidayits by
the defense, Judge Mayhem. on S&tur-
day. denied the motion Of the prosecu-
ton and the work Of securing a jury
began. Tile regular panel was exhaust
ei with one juror still 10 be selected
aud veniere was issued for five jurors
from which one was selected.
The case has been in progress during
the week with every inch Of ground
bitterly contested on both sides.
When court convened "Wednesday
Attorney Goode stated the case OF the
contestants and placed Judge McBee
upon the stand. The witness said lie
visited Brady az the hospital in Spo-
kane on ihe day after the shooting.
Judge Brady believed death was near
ana wanted to make will, giving lis
property ut Rathdrum 10 pay his debts
and lis life insurance TO lis children,
whom l.e wanted kept together and
taken 10 Iowa under the care Of his
wiie's brother, Frank Pine. aud Hugh
Brady, Jr., brother OF Judge Brady, as
guardians.
The contestants aim to show by wit
nesses that the will made different
disposition OF the future training, relig-
ious and otherwise, Of the Brady child
rem than had been the intention Of the
i0der MS evidenced by his acts and dec.
ltIatious since the death Of his wife in
1909 Ia ills connection Mrs. Lloyd.
Mrs. Bmdy's nurse, testified to prom
ise made to his wife on her deatbbed
that their children should be reared in
the Protestant faith.
Miss Campbell, governess, testified
that under Judge Byady's direction the
children had attended the Presbyterian
Sunday schoo, in Ratbdrum. AMI ether
facts tending TO show the judges iu-
teation to carry out the promise made
to lis wife. Mrs HOLSTER ANA Levi
Noulhers testified to the same effect.
Thursday the defendants gave their
side in the contest over Judge Brady'S
will. Attorney Happy, counsel for the
proponents of the will, moved for non
suit on the ground of insufficient eyi.
deuee. Judge Mayhem overruled the
motion and Mr., Happy made an address
stating his side Of the question. Coun.
sci said he intended proving that at the
time Judge Brady executed the will he
was in full possession of his reasoning
faculties aud entirely competent TO eX-
ecute the WILL
Miss 0yudorf, one Of the nurses who
cared for Judge Brady in his last illness
was called. Witness said she believed
the judge 10 be competent and sound
mentally at the time of executing the
will
The depositions of Drs. Cunningham
aud Roberts. attending physicians, also
tended TO show that the BRAN had not
been injured by the aSSasSia'S bullet
aud that the Judge was of sound mind.
The evidence was all in yesterday, the
arguments completed aud the case goes
TO the jury this morning,
Law Briefs aud Pamphlet printing a
snacialfy At tho pRFeSS Office