Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1908-11-14
CASE TO JURY
late TODAY
EVIDENCE CONCLUDED IN SHAT.
FER MURDER CASE-STATE
SPENDS HOUR IN RIDDLING
SELF-DEFENSE THEORY.

asserting tnat there was, under
the testimony, absolutely no grounds
shown by the defense for the neces-
sity and taking the life Of Joseph
Scott, Attorney Miles S. Johnson
spent an hour in the opening of the
argument before the Shaffer jury
this afternoon in riddling the theory
that Clyde Shaffer fred the fatal
shot in selfe defense. He argued as
the men were at least 25 feet apart
and as the testimony of undisputed
witnesses was to the effect that by
the footprints the deceased was
walking in a direction not toward
the defendant, but in the theory of
the prosecution, down the road to
head of his loose horses, that the
first shot fred by the defendant was
an attempt at deliberate murder, he
having armed himself at the house
prior to going to intercept his cou.
sin. Joseph Scott.
This. coupled with the evidence
before the coroner's jury that the de-
ceased had not at that time made d.
rect threats against him. and the
further testimony that the effect Of
the first shot was to shock the de-
ceased so that he fell PROSTATE and
that the second shot was fired at a
falling man. made up the strong
points in the presentation of the
case to the jury in the opening Of
the prosecutions argument. which
began at 1 o'clock this afternoon.
Attorney ]. L. Harm will follow for
the defense. Attorney McNamee will
! close for the defense and County At
, torney Needham will close for the
state. The case will probably go to
the jury late this afternoon.
The evidence for the defense in
! the Shaffer case was continued this
morning, developing the same lines
| that were in the opening testimony
! given yesterday afternoon, when the
: defendant and his mother told of the
! bitter feeling that had existed be-
( tween Scott and Shaffer for years,
detailing the fear that the defend
ant had because the deceased was OF
domineering nature and had on one
occasion given the defendant Sc
! OF repeating the chastisement and
of repeating the chastiisement and
. at all times held the defendant in
fear that he would be subjected Il
great bodily injury.
The opening statement of counsel
was to the effect that Scott was a
large man weighing from 175 tC
1885 pounds, and that the defendant
only weighed 125 pounds and had
suffered an injury in his youth that
rendered him weak and physically
unable to cope with his cousin, who
took advantage of this in beine
domineering and threatening Ht
detailed the fact that Scot was
trespasser on a private roadway ane
that Shaffer merely went out tf
warn him against this tresnas'
when the shooting occurred. He sai'
that Scott became enraged and ad
yanced threateniinglv, when Shat
fer. in self-defense. did the shooting
The defendant and his mothe" ron
firmed the statement of counsel D!
their direct testimony.
The character witnesses ln'fc
duced this morning testified IN tn
main to the general reputation o
the defendant for peacefulness ant
general amiability and said tnat
was good. The cross-duesf'onlhi
broke into this by a attempting u
show on what meager details " wal
: based.
In rebuttal George S. Watson wa
called. who testified that the defehi