The Lewiston teller. (Lewiston, Idaho) 1900-1905, 1902-03-20


Judge Steele in passing upon the mo-
ton said:
"In this case I am satisfied that the
county attorney feels that he has fairly
presented the matter. and the court con-
ours in the Mlief expressed by him, that
as three juries have tailed to convict that
he is justified in not going to any further
expense in the matter, and dismiss ng
the parties that are here charged.
'In this matter there is no question at
all. not particle Of question but what
perjury has been committed by someone,
and I am not referring to any case
particularly where perjury is charged, -
but there is no question at all but that
perjury was committed by someone.
About an equal number Of witpesses on
each side swearing directly against each
other on material questions, causes me to
believe that the county attorney is war
ranted in asking that these cases be dis.
missed. The case against all Of these
parties is practically the same; they were
all together, as the proof developed, all
acting at the same time, the only diff
ference being in the ownership Of the
horses. in the one case Luke Billy's and
and the other, Slickapoo's, and marked
differently. and in another trial the testi.
mony Of the witnesses believe would be
exactly the same. There Is no tribunal
on the face of the earth that is SO Just az
jury. The judgment Of the jury, taken
from the body of the people, is the best
judgment that can ever be obtained.
Our law makers throughout have been
making and changing laws, and have al
ways adhered to the jury system as the
best system Of getting justice. The
criminal laws were not made for the pur-
pose of protecting crime; neither are
they made for the purpose Of letting any
innocent person be punished, and there
is no one who can SO accurately as q jury.
judge as to the guilt or innocence Of .
party accused Of crime. Mr.. johnson,
the county attorney, has vigorously and
persistently prosecuted these causes. All
Of the evidence has fully, fairly and can
didly been placed before three juries,
which in each instant has failed
to convict. The expense of the
future prosecution is to be consider
ed. The expense Of these prosecu.
tions by Mr.. johnson has been kept to
the minimum and in the last cause is not
nearly so large as might be expected,
but it should be considered in determ,n.
ing whether the state is justified in
further proceedings.
The county attorney having made this
suggestion, the court feel that the county
attorney is justified in taking this action
whether another trial would result in a
verdict Of acquittal or guilt, or whatever
it might he, and the cause is dismissed. y
win Make Lime At Orofino.
7. J. Taylor was in the city yesterday
en- route for Oro6no to do assessment
work on some mining claims which he
has located for the lime rock that is found
there. Mr.. Taylor is recently from Sal
mon City, Lemhi county. where for sew
eral years he has been engaged in the
manufacture of lime. While visiting
friends in Moscow he became interested
in the lime rock groupings discovered
near Oro6no and recently made the 10.
cations that he now expects 10 develop.
The outcrop is what Mr.. Taylor calls a
lime marble formation which burns into
the finest lime known to commerce. On
the claims located Mr.. Taylor has tons of
material in sight in the outcrop alone
and the quarry when opened will have
an inexhaustible supply. After perfect
ing his assessment Mr.. Taylor will re-
turn to Salmon City and make arrange
ments to return to Orofno to open the
quarry and begin the manufacture of
lime to supply the trade. This season
he will put in three kilns having ca
pacity Of 1000 bushels per week and de-
velop his pl mt at the trade demands.
Mr.. Taylor was formerly resident OF
Moscow where several years ago as a
member Of the firm of Taylor & Lauder
he was extensively engaged in business.
He has examined all the lime groupings
| along the Snake and Clearwater rivers
| and considers the location at Orofino su.
perior in quality and more easily and
cheaply utilized. Wood for fuel is nea,
by and cheap. The quarry is near the
railroad and the kilns will be built neal
the track and tramway will deliver ths
rock at the kilns for burning. With
superior quality If lime and short hau