Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1910-04-08
Not One of the Many Persons Charged With Selling Liquor
Contrary to Law Escapes Present Term Without
Good, Stiff Sentence Being Imposed
STATE SENATOR JORDAN GETS PLENTY
Strong Made by Defence but Evidence Worked Deputy
Sheriff Zug Strong and Senator Listens Three
Months $500 and Costs" the Same the Rest

LeSJlIy tndC Lney naQ purchased liquor
at the Jordan store but on the objec-
tion of the lawyers for the defense
Judge Walters ruled that no evidence
was admissible that was not concerned
with the very time and place mentioned
in the specific charge under considera-
ton. This decision is the first under
the local option law of Idaho but it is
in accordance with decisions made in
all of the other states of the north
west. The Idaho law is defective in
this respect and should be remedied by
the next legislature.
The pleas as the close of the trial
were listened to by a crowded house
and every sentence was weighed by
the audience as well as by the jury.
Mr.. Disney bas the faculty of stating a
case in few words and in a manner to
clear away all subterfuge and divest it
of technicalities and sophistries. He
made big hit when he explained the
reason for not cross questioning the
witnesses for the defense, stating that
they had defense framed up in a
faultless manner and each one was
thoroughly practiced in his part and
that it would be waste of time and
energy to attempt to confuse them on
their own ground. Some thought that
this feature constituted a weakness on
the part of the prosecution but events
proved Mr.. Disney's position was right
and in the best interest of his case.
Mr.. Boutwell, gave the only pleading
for the defense. His analysis of the
evidence was most thorough and ex-
haustive and every time he scored hit
against the witnesses of the state or
the opposing attorneys indications of
applause, although silent, were visible
among the listeners. The gentleman
has oratorical powers viii h he does
not hesitate to use when pleading for
the cause of client and when he closed
by thanking the jury for their attention
there was feeling prevalent that he
had made strong case and that even
though the defendant might be eguiltyof
the charge against him case was not
made out that would justify the jury
in convicting.
Five minutes had not elapsed after
Judge Wolfe took the floor to give the
closing argument for the state when
everybody in the room knew by instinct
that a master hand was in control of
the situation and that the state would
get all that was coming to it. His
manner Of speech is such as to place
candor and truth above sophistry and
falsehood and to command the sympathy
of his hearers. After weighing the
evidence in the light of reason and
practical common sense he divested the
case of all immatral and unnecessary
matter and hinged the case on a single /
point. Did Zug, or Jordan tell the
truth about their conversation in front
of the McFail hotel after the prelimin-
airy trial-a simple question of veracity.
If Zug told the truth then Jordan had
IiiCli anu tlCtS dCAlltWiCOS bueib AC I
did not sell Blair the bottle of whiskey,
that he only gave it to him and did not |
take cent therefor. If Jordan told the |
truth when he denied this then he was /
and should be acquitted.
1t is worthy of remark in this con-
nection that this very point was the
turning point with the jury and their
verdict was vindication of the deputy
sheriff.
Judge Walters charge to the jury
covered every possible point in the
case and left nothing to be desired.
Like all of his productions it was clear,
concise and fluent in so far as legal
productions admit of we'll rouded SEN
.ences.
After the jury had been out about an
,our and a half verdict was arrived
It which was signed by the foreman
'nly, which indicated a unanimous
'erdict. 1t was guilty as charged in
he indictment.
The case against Dick Jordan was