Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1907-06-17

dictment and not guilty as to the re-
naming three.
They came into court as on last
Saturday morning carrying on
stretcher between six of them
their Ill and wom-out comrade,
J. H. Robinson. of Grangeville, and
after depositing their burden took their
seats in the jury box. The news had
spread that they had arrived at a
verdict and the court room was crowd
ed
The defendants came in with their
counsel. The face of George H. Kes-
ter was cold-wnite and drawn and that
of Kettenbach flushed and he was
restless and nervous. William Dwyer,
already convicted on Eve counts Of
subornation of perjury, was the COOL
I est, most collected and least concerned
of the thrae but even on him the long
trial and suspense had told and he
vas nervous and uneasy.
NJ. D. Fredenberg, the foreman, an
nounced the virdict as above indicated
and handed the document over to his
honor Judge Dietrich, who after a
brief examination of it, gave it to the
court for record.
] -
from a clear sky to the defendants and
their friends and after its rendition the
court room was quiet and hushed and
not sound or murmur was heard.
Clerk Richardson was busily engaged
with the document and Judge Diet
rich, as is his custom. leaned back In
his chair and gazed fixedly and intept>
lily at the ceiling;
! EsnaIIy Judge Fofhey arose and IN
J his accustomed even and well moduia'
ted voice asked the clerk to poll the
4 surv anl tho stiffness and sii@nce Of
the court Roan. was broken. The olerA
J ratheRe.l up the Gacrms"t. reaa Il ant
1 to his first question. 'is this your YER
4 dict sr came a faint but distinct Eyes
from Juror Robinson. lying on his co
of pain, and from each juror thereafte
came the same reply and then It wa
that the fun, hard realization dawne'
uhon the defendants and their friend
tha, In the long and bitter legal bat
tie, lasting over a month, they ma
Host and the government had won.
The Jury when the came into coui
mad been In consideration and dehn
Q Grafton FOR little over So hours tn
t defendants had up until midnight ss'
urday expected. and confidently So
aoou ttai but with the passing OF tn
e aav went also their hope Sunda
!. found them pinnihg their faith on
!. disagreement, but that hope too wa
swept away from them on the evenir
. when the news spread that Veroi
ID had been reached.
- An investigation discloses the la
that at no time were any one OF q
AZ ,urors in favor of an acquittai, o
D. rrara All in favor Of conviction, Q
a that the disagreement came ABOUT va
relation to the counts upon VIM
such \ verdict should be based Eig
IN Of the Jurors from the start STOOD
conviction on all FIVE counts, but I
% other four were opposed and finally
in compromise was reached whereby
o. above verdict was agreed upon
The penalty for the offense cnars
y l. ! flne Of not less than $1,000 ana
more than $4,000 and imprisonme
IT. not to exceed two years.
!. Court convened this mornins'
no for only a few minutes In order Q
led the iury might be discharged ana u
,oo,, ! recess until o'clock this q
srnoon. At this time the proseclti
NAV move to have sentence ilnpo.
mon the defendapts and i Y anu
Try as.sd tl,at the defense VIII interp'
notion In arrest Of Judgment :
MO nav serve notice OF either mot
IN sor a new trial or an appeai. 50
on nm adjourn for this session TINS I
d. srpoOn ana 90 to Boise and hold COZ