The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1908-08-14
$3.50 Tuesday morning.
August ii, D:so a. m.
j. H. Wallis.

j. H. Wallis.
Jas. H. Wallis took the chair /
testify and Mr.. Hawley objected o
: the ground that the rules asked 70
by the prosecution barred witnesse
from the court room except whe
being examined, and since Mr.. Wal
lis has been in court all the time h
Is barred from giving testimony.
| He said the iron-clad rule ha,
been enforced under the objection
and notwithstanding the protest o
the defense. He said it was ais,
contrary to the ethics of the profes
sion to have an attorney take tht
stand.
Mr.. Holden said in behalf Of the
state that when the rule was adopted
the state was not aware that 1t would
be necessary to impeach the evidence
OF Mrs. France until her evidence
was heard, and further, that the de-
fendant had been in court all the
time, which was right, and had been
on the stand after hearing the evil
dence, and now in rebuttal 1t be-
came necessary to answer through
those who know. He intimated that
Mr.. Mcconnell would also be called.
Mr.. Hawley responded saying that
this was a case of the state asking
for a rule which they were not will
ing to abide by.
Mr.. Hansbrough prompted Mr..
Hawley to say that notice should
have been served at the time Mrs.
France left the stand, If they found
1T necessary to repudiate the rule.
Mr.. Hawley insisted that an attor-
ney had no right under the ethics Of
the profession. to become witness.
and cited the case of the Alamo case
at Albion, two months ago in which
himself and Judge Stockslager were
the only two men who knew the
truth and stood between a forged
deed to the lands of the whole COM
munity and the rightful owners.
That he had enough regard for the
ethics of the profession to put it up
to the clients who had retained him.
TO use him as an attorney and not as
. witness, or to release him as an
attorney, and they chose to lose his
testimony.
The prosecution said it became
question Of their legal right to al
ow an attorney to testify to impeach
witness brought in by the defense
The court took recess of i S min
ties to consider the matter.
At 1O:40 court convened and an
lounced that the objection to Mr..
Wallis testffying would be overruled.
Wallis Testimony.
Age AZ. Residence, Rexburg. had
conversation in July with Mrs.
rance in the presence Of A. T.
yam, w. L. Mcconnell and w. H.
lolden relative to the death Of Mary Y
Obj in which she stated the first t
me DR.. Mitchell spoke about the
odor was Thursday !.
Eening. That Mrs. France stated at !
lat conversation that she burned the Il
edding used by Mary Robb, because t
was soaked with blood to such an !,
Itent that she was afraid of blood Il
,isoning. n
tt
At conversation with DR.. Hoov- v
before this hearing began, he !,
ated that at the examination of n
airy Robb, before the abdominal W
eration, he could feel the placenta m
about in the abdominal cavity - -
d could detect it by pressing upon AZ
9 abdominal wall.
XII
Mrs. Arave, II a. m. ly
w
MY name Is Ida Arave. know re
$. France. ! was at her home =.
ZEN Mary Robb arrived on Tuesday an
sning, June 9th, and before Mary w
me was talking with Mrs. France er
she said she was expecting w.
lng lady any moment to undergo m,
operation for appendicitis. pa
~. tic
Mrs. France and are cousins. we
9 witness was excused at 11:O2. no
ha
VIM. Mcconnell, 1905. up
me
am 80 years old, reside at Idaho lie
lis and am county attorney for ma
lgham county. IS
IN June %, 1908, / was in Black mi
t investigating the Robb case in st tI
lpany with Douglas Hix and DR.. n
chell stated to me in his Office ant
t Mary Robb first called On him at not