The Montgomery advertiser., 1907-05-09


record on the Goth day of March. 1905.
"A further examination of the record
discloses the fact that after argument
by counsel on May 81. 1906. an order
was entered staying all proceedings
beas corpus in the United States Court,
District of Idaho, to the Supreme
Court of the United States, finally de-
termined. No other action appears to
have been taken In the case until the
March term, 1907, In Canyon County
when the defendants application for
change of venue was heard by the
court and as result of said applica-
ton this case was March 25 trans
ferred from the District Court of Can
yon County to this county for trial.
Immediately following the ruling of the
court on application for change OF
venue, counsel for defendants in open
court gave notice that the defendants
would demand separate trials and it
was also stated that the defendants
would be ready for trial at such time
as might be fixed by the court. AT
the opening of the April term of court
in this county the defendant and his
attorneys being in court and consent
ing thereto, the time for trial was
fixed for May and / assume that
preparations have been made therefor.
This motion appears to have been
filed in this court on April 26. The
court has been in almost continuous
session since April 1. when the case
was set for trial. If in sound legal
discretion of the court. the defendant
is entitled to this bill of particulars
he will also be entitled to c<rtinu
ance of the case when the sill of
particulars Is presented. on making
showing of necessity for further time
to meet the specifications contained
in the bill. and while the granting or
refusing of motion for bill OF par
ticulars could not be assigned as error
yet the refusal to grant a continuance
of proper showing after the motion
for a bill of particulars was allowed,
would be assignable as error.
Thought Defendant Ready.
"Tha State has evidently been led to
believe that the defendant in this case
was ready and prepared for trial. Such
have been the solemn declarations of
his counsel on several occasions and
I am clearly of the opinion that 1t
would now be an abuse of discretion
To grant the motion and order the bill
of particulars which In my opinion has
been repeatedly waived by pleading to
the indictment by repeated statements
of readiness for trial and by permit
ting the case to be set and preparation
for trial made on the assumption that
the defendant was ready for trial on
the charge against him For these
reasons the motion will he overruled.
When Judge Woods had finished
reading his decision there was a mo-
ment OF complete silence in the court
room. Then Mr. Richardson of Hay
woods counsel arose.
I'VE desire to reserve an exception"
he said.
"The execution will be noted" de,
cIared Judge Wood. noddng to the
Clerk of the Court.
1--WE wish 10 say that We are ready
for trial. 'intcrposed Mr.. barrow. also
of the counsel for the defense.
''If there Is nothing moro today. gem
tlemen. the defendant will he remand
ed to the custody of the Sheriff"
The case will go on tomorrow.
Immediately after the adjournment
Of court one ~ the jurors of tho reg
uIar panel WIS excused for the term
The Juror wae Ben Eastman, treasurer
Of tho Boise cum Club. who stated that
n state shoot was to he h'ld In Boise
commencing tomorrow, under the aus
pices OF the club