Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1907-06-04

not BOOd, MOrrlSOn Je5IlHeu last week
that Dwyer tried to get him interested
in the land acquiring business, and
that he had no particular friendship
for the defendant because Dwyer bor-
rowed some money from him and had
never paid 1t back.
Howard Howe, of the firm of Colby.
Coryell & Howe, was called to prove
that the general reputation of Mrs.
Mary ]. Harris was not good. The
witness was forced to admit that his
opinion was based largely upon the
fact that the woman owes him milk
bill. Although he signed Colby's bond
when the latter was indicted for fraud
ulent acquisition of timber land, he
gave the implication that the first he
knew Of his partenr's Indictment was
the recent newspaper publication, al
though he signed the bail bond jan
uary 10 1906. Whe cornered he made
the explanation that when he signed
the bail bond he signed so many other
papers that he took no special notice
of what paper the bail bond paper
proved to be- United States Attorney
biased as a character witness.
Detail of Yesterdays Proceedings.
MOSCOW, Idaho, June 4.-When
court convened at $3.50 o'clock yester-
day morning District Attorney n. M.
Ruick announced that it was impossi-
BILE for Mrs. Mary !. Harris ana her
daughter, Miss Janette Harris, OF Spo-
lane to be present in court at that
time. He said he ex epcted the women
to be present this morning, adding that
If she were not. the prosecution wouiu
Omit the contentious of the defense
lative to documentary evidence that
the defense M SHIT not be embarrassed.
county Auditor Ranstead, Of Mos
COW was called to the witness stand
for the purpose Of reading from the
country records the transfers Of the
claims of Ivan r. Cornell Of Portland
and Fred Schaefer, of Lewiston, to 9.
w. Kester and w, f. Kettenbach
Then came the identification of sig
natures to documentary evidence, ana
ne Introduction Of evidence, the cross
examination papers of W. Dwyer M.
q scott. Edwin Bliss and others,
sworn to at the Lewiston land ofice.
q There were also some rece yers' hnai
e receipts introduced, when District At
: torney Ruick said:
q That's ALL your honor; the prosecu-
Il tian rests"
n Judge Forney. after the Introduction
: of some documentary evidence for the
,e defense, asked that the jury De m
If structed to bring in verdict OF hoe
ID guilty, tending that the evidence does
l. not bear out the allegations In the m
> actment. The jury ~ excused ul.il
o'clock. to enable the motion TO ee
~ argued, the arguments consuming
in about two hours,
* At 1890 O'Clock the motion had MOI
IT heen sufficiently argued the defense
e. thought. and it was given an hour ad'
ey dit,onal time. from Q until O'Clock
:, - III Zoe Dietrich Rules Promptly.
Inst five minutes before ociocl
:, Inage Forney ceased his arguments
IN when Judge Dietrich began his ora
:, statement which resolved itself INT
on a denial of the motion. His honor TOO
aa the position that the prosecution ma
he nrlma facia proven its case-estaniisn
,es ed a conspiracy. shown the overt &C.
asst land connected the three defepoan'
and their co-eonspirators with y
me conspiracy and the commission OF u
the overt acts
de- AS regards the adyisaellity OF psl
wn mitting the testimony Of the Tayi
brothers to the stand the court sa
Il was not quite clear, and took IN
matter under advisement, adding tn
he would read the testimony over
Attorney Moore then asked FOR
continuance until tomorrow mornir
. saving that Attorney G. ". Tannah
" of Lewiston, was sick in bed; that
nhvsioian had refused him permiss'
10 appear in court this afternoon !
ternev Moore said he hoped the
- fense would be able tomorrow moi
gere Inc 10 make its presentation snee
ther and begin the introduction of eyideI
rect --au Depending practically upon
the torney Tananh.ll's uhvsical conditl
IN view pf the condition Judge ?
the tr,ch adjourned court until $3.50 o'cl'
upon tomorrow morning.
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