Mountain Home maverick. [volume] (Mountain Home, Idaho) 1906-1911, 1910-01-13

- a A~'AHA1A VI Nh' supreme A0ultf
handed down last Tuesday, the Judg-
ment of the Lincoln county district
court, in the sentencing of John
Fleming to the extreme penalty, for
having caused the death of Frank
Langford, is sustained
The murder took place near Ru-
pert, Lincoln county. on July s. 1908,
and features of the case were both
atrocious and pathetic.
Fleming and Landlord had had
some trouble regarding an irrigation
ditch which both used on their |
ranches near Hepburn in Lincoln
county. Their quarrel lead to blows
in which Fleming got the worst of |
the deal and several days afterward |
he laid in ambush for Langford, and |
shot him as he drove along the road |
in a wagon. Langford fell into the |
wagon bed his team continuing on it's
journey homeward Mrs. Langford
found the lifeless body Of her hus,
band upon their arrival at the stable
Fleming was charged with murder
in the first degree, and his trial was
begun September 2S. 1909. lasting
until October 12. 1909, when he was
found guilty of murder as charged
and sentenced to hang by Judge
Walters, who presided at the trial,
the date of execution being fixed at
December A, 1903,
Notice OF appeal to the supreme
court was given, attorneys for the de-
fendant contending that the COM
munity in which Fleming had been
tried was prejudiced against him, and
that the prosecution had been respon-
sible for unjustly preventing the de-
fendant from having the comfort and
counsel of his wife throughout the
proceedings in the district court by
procuring her commitment to an
asylum.
During the progress of the trial his
wife was taken violently insane, and
threatened attorneys representing the
prosecution and witnesses with in
jury
She was taken before the probate
Judge and after a brief hearing COM
mitted to the asylum at Blackfoot,
where she is still an inmate.
Fleming has several brothers liv-
ing in Omaha. Neb. He did not COM
municate with any of them in his
time Of trouble, and it was only
through press dispatch that they
learned that he had been sentenced
to death on conviction of murder in
the first degree One Of his brothers,
who is reputed to be man Of
wealth. telegraphed to Hawley, Puc-
kett & Hawley, retaining that firm
as counsel for the purpose Of an ap-
peal to the supreme court.
Many settlers of the neighborhood
took the stand at the trial, testifying
of the unfriendly relations between
the two men. which had existed for
many months. Some Of them had
sided with Fleming and others with
Langford. but after the killing. pre-
iudice against the defendant in the
community was almost universal.
The final decision, as handed down,
! is as follows:
"a defendant charged with a GRIM
! inal offence. under the laws OF this
] state. IS required to exercise due dill
] gence in preparing his case for trial,
e and where it appears that he has not
D been deprived of any legal right IN
/ the preparation or trial and fun op-
{ portunity has been given to prepare
r his defense. it is not an abuse Of
r. discretion to deny the application for
3 postponement
e mo distinction is drawn by the
t statute Of this state as to the show.
{ ing required on an application for q
D continuance in a criminal case. whe-
& ther the application be made at tho
Z first or q later term after the indict.
b ment is returned; but such fact
S may be taken into consideration by
y the trial court in determining the
4 question of diligence.
s Evidence in this case examined
and held to support the verdict OF
D murder in the first degree.
After conviction upon the charge