The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1908-08-14

Of Risby and LewisviIIe That is
Disgrace to the State and Pu,
Free Love to Shame. A Conditio
OF Promiscuous Relation OF In
Sexes That Undermines the Who'll
Social Fabric and Reduces tn
Rising Generation to the Level q
Cattle Without a Pedigree
DIR. MITCHELL BOUND OVER.
AS stated in last evenings bnlle
tin, the testimony was finished ant
both sides rested at 1850. The cour
TOOK a recess for a short time and w
H. Holden opened for the state. &C
cupying three quarters Of an hour
Mr.. Hawley spoke for over an hon,
and at the evening session q. r
Hansbrough spoke for an hour and
fifty minutes.
On Wednesday Mr.. Holden smoke
ing. = I. 80 \
Judge Fackrell's Decision.
The court announced the decision
IN the Following words, Il think the
state has presented case that war
rants this court in binding the de-
Iendant over, and this will be done.
His bond will be fixed in the sum Of
ten thousand dollars.
This closes the hearing, and tha
trial OF the case will be before the
district court which convenes on Oc-
tober Goth. n
Hearings and Trials.
The hearing just completed before
Judge Fackrell was simply to deter
NINE whether there was sufficient
cause to warrant taking the case be-
fore the district court to consider all
the evidence, and at that time the
guilt or innocence of the accused will
be legally determined. A hearing be-
tore a committing magistrate is To
determine whether a crime has been
and whether the person or
PERSONS accused shall be held or
'eQulred TO appear for trial in the
'egular term of the district court.
hearings do not usually take up SO
nuch time as this one, and it is on
lonal with either side whether they
)ut on all their evidence or not
ne defendant need not put on any
unless he chooses, and he
nay waive the hearing and give a
ond to appear for trial. In the cases
rowing out of the death of Miss
lobb, Miss Sayer waived examine
ION and gave a bond for her appear
nee for trial, while Jack Sayer and I
'eo. Kite had their hearing but put
n no evidence in defense. DR.. Nit
hell had his hearing and introduced
sstimony in defense.
Publication of Evidence.
Serious questions have been raised
to what should be published con-
srnlng such case as this, and The
epublican has no apology to offer
" the course pursued. The people
ny us to furnish the news, and un-
IS there is proper reason for with
olding it we print It,
In this case there were two req
ms for not publishing the news It I
question whether it does more !
lrm than good. We decided that /
TN certain omissions, it was best I
let the truth be known. +
Another reason for suppressing '
9 evidence or parts of it, was that /
the case comes to trial, as it prob G
ly Will now, it would be necessary \
select jury of intelligent people t
try the case before, and as most v
tell1gent people read the papers. c
ey would be disqualified to sit on tt
2 jury, and that would make it h
cessary to try it before less-in- a
llgent jury or take a change of fl
nue. to some other county. II
A temporary or passing reason for e.
publishing testimony is the fact
It the damaging side of the case b
s presented first, and some people Il
ght read that and fail to get hold CT
the other, and base their opinions
one side of it, and do the defend =,
y
an Injustice. J.
We decided to let the truth be I.
own and to do our part impartial !.
In printing both sides of the case. Z.
take 1t that people have sufficient
erve and control to wait from day =,
day to get both sides before pass =,
Judgment. We had to do that =
we expected the public to do so. no
have taken much time from 9TH bbe
work to hear all the evidence, and a.
feel that 1t is our privilege now No
express our convictions as to the -
its OF the case. 1t is due to our !,
rons, and it Is due to the prosecu- ~
and the defendant. In doing this -
do not necessarily disagree with N
criticise the court. The Judge -
performed plain duty and we ="
old the court, but in our judy -,
1t and in our relation to the pub ~ ~
we are privileged to discuss the "a n
ter to an extent that the court No No
,ot privileged to do. ~
r. Mitchell is charged with com ),
ing a criminal operation on the ~ Ia
OF June, and the time was fixed ~
veen $3.50 and noon. ~
fter sitting in court for a week ~
hearing all the testimony we do ~
believe that he is guilty. 1t was 90
vn by the testimony of savaral / ~