Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1907-05-17
CASES
NOW ON TRIAL
Old Indictment Made First
CaSe-==OtherS Will Soon
Follow
Special to Evening Teller.


MOSCOW, Idaho, May 17.-William
f. Kettenbach and George H. Kester,
of Lewiston, and William Dwyer. Of
Charleston, will be put on trial this
afternoon for conspiracy to defraud
the government out of timber lands in
Shoshone county. The indictment was
found a year ago last July by a grand
jury which set at Boise.
The first time the cases were called
the government asked for a continu-
ance-because 1t was not prepared for
trial-the defendants took this as an
indication that the government had
weakened in its prosecutions, ana
urged a speedy trial. saying that they
we're fully prepared to meet the is
sues.
Defense Seeks Delays.
But in court yesterday afternoon
the defendants did not insist upon q
speedy trial For more than an hour
they used every tactic known to as
tute and brilliant counsel with which
ttev are surrounded to delay as long
as possible the setting of a single
case They would even have liked
to have had one Of the indictments
continued for the term But they ala
not succeed in securing continu
arce
The oratorical session OF the court,
began hv United states District At
tornev Ruick moving that Indictment
No. ss7 he set for trial at once The
defense demurred on the ground that
Attorneys West and Smith had not
been apprised of their Indictment un-
IL just before the term began. and
that the defense should have until a.
week from Monday May 81, to pre-
! are for trial and subpoena witnesses.
District Attorney Ruick brought out.
| the fact that the evidence to be pro-
duced in this case would be Identical
/ with that which was used to convict
! Dwyer and Robnett last November
He sa d that Attorney Smith was as
sociate counsel throughout the trial.
and consequently familiar with the
evidence He added that Attorney
West was a witness in both cases..
and because of his associations with
familiar with the evidence.
: "insratitude," Says Ruiek.
i District Attorney Ruick said fur
Tier, in substance;
II take it as a piece of ingratitud0
on the part of Attorneys Smith and
" est to set up AT inns lime that they
aIe not prepared 10 50 10 trial be-
,ause tney were not nolIned until
just before court convened for the
term that they mad been indicated.
had l been SO inclined. could have
rad bench warrants ISSUED for the
two men as fast as the indictments
we're returned. caused their arrest
aid their being placed under bonds.
But / sought to save them from that
public humiliation by waiting as long
as l did and then quietly writing to
them that they might appear in conri
when it opened"
District Attorney Ruick said that
iuasmuch as the evidence in the two
cases is similar to that of cases al.
ready tried. that the two Indicted at.
terneys would be perfectly well ac-
A"dAiS0N HAeu ehO AaSAot &tAA lAiOA 0AVA'
there was no necessitE their being
apprised earlier than kere. add
ing that they knew ri6F4 Van weeI
: ago what to expect-an immediat
. trlal-and that they have had ampl
time in which to get ready for trial.
!, Government .lnsiats.
: Judge DIETRICH was moi willing I
: giant the continuance hat the de
! fcnse asked for, suggesting that the
= get ready by the middle Of next weel
!, 1, was then that District Attorne
: Ruick dug up the wo indictments re
q turned in July, 1905, at Boise. H
= called the courts attention to. tn
:, fact that the defense had made tn
= repeated assertions that It was evs
e ready and willing to go to trial, an
. asked that the case be set for III.
~ morning.
The defense said 1t was not READ
: to procesd and asked that the case i
continued until next week. Distri
Attorney Ruick said he did not wal
to keep the "a men on the trial Jul
here ten days at the expense OF Il
- government doing uothfng when or
= CT the cases might ba tried.. He cal
b cd attention to the fact that the in
paneling OF the jury would take tv
days at least. ard nat probably
special venire would have to be Il
Is sued, in which event three or foi
W more days might pass before lul
On was f7naIfss nnlarknd IN tha fnfarat