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

County Attorney Johnson ON Tuesday
moved for the dismissal of the cases
pending against Sol Caldwell, Harry
Noyes, VIM. Phinney and Frank Lowe
of the charge of grand larceny, thus end
ing the prosecutions that have been
pending for several terms. Three trials
have been had for the theft of the horses
and at each trial the jury failed to agree.
Having done his full duty in the prosecu-
ton Of these cases the county attorney
very wisely asked for dismissal Of the
actions. In his presentation of the mat
ter to the court Attorney Johnson said:
"There is a matter desire to call your
honor's attention to, and explain my
position in the matter. 1t is notorious
fact, if your honor please, that prior to
your honor's incumbency into Office,
there seemed to be condition in Nez
Perce county that caused people to lose
their respect for courts, and crime,
particularly grand larceny, increased TO
such an extent that it was virtually inn
possible for man to own milk COW
without keeping it locked up. Your
honor came on the bench and dealt out
Justice as far as in your power and by the
sentences You gave to people convicted
of the larceny Of live stock, showed that
if they were convicted by a jury, that they
need expect no small penalty, showing
that your honor was doing everything in
your power to check that sort ofthing, aud
when l came into Office found a num-
ber of cases pending in this court. in.
stituted by my predecessor in Office Of a
nature which in the past has cost Nez
Perce county more in money and more
in trials than any other species Of crime.
l came into court and found these cases
pending against different parties. 1tried
one of them and the trial was disagree.
| rnent, and in the next case l secured
more testimony, and there was again
disagreement by the jury, and the third
time l tried him, with testimony most
convincing and conclusive, but again the
jury disagreed, and it seems to ME that
in some instances, some of the Jurors, at
/ least, through fair or lack of their ap-
probation as jurors, failed to discharge
what consider was their clear duty as
jurors.
AS An officer Of this court, having done
everything l can justly do to convict the
man and send him to the penitentiary,
where believe that justice demands that
he should go. and this man having come
to my Office, and in the presence of re.
liable persons pledged to me, he having
stock in this country. that he would
leave the state, and stating to me that he
expected to go to Montana and take with
him his horses, and he also having as
sured me that he would allow nobody
elses horses to get into the band he would
take to Montana,--in view of these cir
cumstances. if the court please. and in
no way wanting to be understood as not
favoring vigorous prosecutions, and still
believing it possible to secure jury who
might convict, nevertheless, it seems to
me that the expense the county has al
ready gone to. justi6es the position now
take. and what now ask your honor to
do, and that is tina. in cases 81, 62, 6d
and 81, which are the cases against Sol
Caldwell, Harry Noyes, William Phinney
and Frank Lowe. that each and all ol
the defendants be discharged, and the
cases be dismissed. In these cases you
have rendered me all the assistance
could ask. and l simply desire to thank