The Rathdrum tribune. (Rathdrum, Idaho) 1903-1963, 1905-02-24
IN THE DISTRICT COURT.
Albert Allen Gets Twelve
Years for Grand Larceny.
]. OBRlEN FOUND GUILTY.
Hope INJUNCTION Case Tried Mon
day and Tuesday.

concluded last Friday afternoon, tn
jury returning verdict OF guilty
The evidence was circumstantial bu
strong. Allen was accused of having
stolen IL cases Of dynamite from tn,
warehouses of Guthrie and Twoh,
Bros. railroad contractors, neal
Hope, last fall. No evidence was
given for the defense except the un-
supported testimony Of the defend
ant. Alien testified that lie had
found u number Of cases of powder
on an island in Peud d'Oreille lake
and that he had taken possession OF
six cases and sold them to several
parties. This had occurred about the
time that Twohy Bros. found their
warehouses broken into and their
powder stolen, the scene OF the var-
"us caches being in the nelg hborhood.
Messrs Twohy, Nickerson, Sulley.
Auxer and Thlhedeau testified as
witnesses for the prosecution. The
evidence was to the effect that Allen
had been in the vicinity of the pow
der houses u couple Of days prior to
the time when the powder was stoleu.
He had been 10 the habit Of borrow.
ing tools from the contractors by
whom he was always treated in q
friendly manner. Parties who bought
the powder from Allen testified that
IL was the Judson brand a kind o!
explosive not kept or sold at or la the
vicinity Of Hope and used only by
Guthrie and Twohy Bros. The testi-
mony Of Harry Auxer, miner, kept
the court roow in a smile of amuse-
ment by his quaint expressions.
When he had closed, Judge Morgan
asked him stcrnly If he had been
drinking He admitted that he had,
whereupon the judge fined him $40.
Allen was found guilty and SEN
tened, at Il o'clock Tuesday, tt,
twelve years in the penitentiary.
immediately after the Allen case
had been given to the jury another
jury was empaneled and the trial Of
James OBricn, charged with burg.
larv, was begun, County Attorney
Whitla appearing for the state and
John A. Steinleln as counsel for the
defendant. The testimony of the
witnesses for the prosecution showed
that the circumstances surrounding
the stealing Of a grip belonging to
Conductor Doane of the n. p. were
strongly connected with the defend.
ant. O'Brien and his brother board
ed the passenger train, westward
bound, near Hope. They had no
grip. They got OIL at Sandp.int at
8;45 in the evening and shortly after
wards Conductor Doane missed his
grip containing medicine, cancelled
tickets, gold ring, etc. Marshals
Sawyer and Moran of Standpoint and
Sheriff Whitney were notified to look
out for the O'Brien brothers. Fur
ther on It was shown that the
defendant had grip with him In
Standpoint that evening and that he
took 1t to Kootenai where his brother
has a saloon. Later the finding of
the remains Of a grip aud medicine
bottles In the stove of the saloon,
and their Identification, by Mr.. Doanc
resulted in the arrest Of James
O'Brien.
The jury brought in a verdict,
Saturday evening, finding O'Bricn
guilty OF burglary.
On Monday the trial Of the Grimm.
al cases was interrupted by the in
junction case of tho Hope Lumber
company against 48 members of the
A. L. U. No. 238. The company OBJ
tanned the injunction from Judge
Morgan to restrain the union men
from carrying out alleged threats of
yioleuce against the mill or its en-
pluyes The union engaged Judge
Richardson OF Spokane and Earl San
ders OF Occur d'Alene, and proceeded
to fight the case. The defense denies
the charges ia the complaint and
produced atiidxvits from Hope bust
(CoS1tSrEp on rAGE rwoD