The silver messenger. (Challis, Idaho) 1890-1912, 1904-03-01

Charles J. Reed, welI-kuown in
Custer county. died at the Brough Hot
Springs, near Salmon. on Thursday,
Feb. 25th. from lung trouble For the
past few years he has been a physical
wreck. During the years that deeess-
ed lived a. Bayhorse he was a jolly
good fellow and open-hezrted to his
felIOw-man, and was good citizen.
The Judgment of the district court
of Custer county has been affirmed By
the supreme court in the case of the
State of Idaho vs. Fletcher Ireland in
an opinion overruling its decision in
the case of People vs. Frank.
Ireland was charged with having
stolen horse belonging to Mr.. Bybee
of the firm of Jones & Bybee. The de-
fense raised the contention that the
animal was the property of the firm
and not of ybee as charged
Ireland was found guilty of grand
larceny and sentenced BY Judge J. NJ
Stevens to three years in the peniteu-
tiary. He appealed from the judg-
ment and the order denying him new
trial
The syllabus of the opinion follows
where the information AYERS tEe
title of stolen property in B. and the
evidence shows that B and are the
owners thereof, the variance between
the averment and proof is not fatal,
overruling People vs.. Frank, 1 Idaho
200, on that point
Under the provisions of section
s236, revised statutes, no error or mis-
take in an information renders il in
valid, unless it has actually prejudieed
the defendant or tended to his preju-
dice in respect to substantial right
HELD, the evidence shows that the
stolen property was taken without the
consent of owner.
/ The weight to be given TO the ex-
PLANTATION, by the defendent, of his
possession of recently stolen property
is exclusively for the jury. and held, in
this case, that such evidence was not
Sufficient to raise reasonable doubt of
his guilt
"A deposition taken under the pro-
visions Of section T5ss. revised statutes,
may be introduced on the trial on be-
half of the State if it is first shown
that due diligence has been exercised
Z - ,,-.,o,,-., tba -fs.,4.-oa - -. "a
ness and has failed to procure it"
The opinion was prepared by Chief
Justice Sullivan and coueurred in by
Justice Stoekslager and Justice Ailshie.
Steve Smith, manager of the Grey
hound mine, who recently came in
from that celebrated Custer county
property. says the Boise Statesman.
reports that the mine continues to hold
up under development The tunnel
has been driven Sos feet on the vein
and is in ore all the way
One upraise has been completed dur
ing the winter from the tunnel to the
surface This is at point where the
tunnel is 50 feet below the apex of the
vein. A eross-cut made part way up
the upraise showed the vein there to
to be nine feet wide. At the surface it
was IS feet wide.
Another upraise is being made where
the tunnel is aeout 100 feet below the
surface.
The vein carries a streak of black
sulphurets averaging about three and
a half feet thick. This ore carries SIS
in addition to the lead values. there
being an average of 8 per cent of the
latter metal.
But little work has been done on the
tunnel during the winter owing to the
men being engaged at other Oeeupa-
tions, but it is now being driven ahead
with full force.
During the winter a sawmiu has
been Installed and is practically ready
to be put into operation. A number of
substantial buildings have also been
erected.
Mr.. Smith is now preparing to order
a reduction plant for the mine. Though
the plans have not been completed. the
purpose is to put in smelling plant
and a eoneentrator. The smelter will
have capacity of some 80 tons The
sulphide ore will be smelted as it comes
from the mine, while the remainder
will be concentrated before going into
the furnace. 1t is expected to have
the plant at the railway station ready
to be hauled to the mine early in the
spring.
Mr.. Smith states there is enough
lead and iron in the ore for smelling
purposes. Careful tests have been
made and the feasibility of handling
the output in this manner thoroughly
demonstrated. The bullion will have
value of about $500 a ton.
Il The eoneentrator will be fitted up
\ With shines device Invented by MIR.
Smith. This is found TO save the last
v,aStioe of the values The Slitnes will