Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1910-03-12
GRUBER CONFESS
SION RULED OUT
Sheriff is Not Permitted to Testify
in Case

the Spokane pawnbroker, w. Al.
Goldbatt, was subjected to q severe
cross examination relative TO the
amount Of interest and other pawn
brokers' requirements, BY Attorney
McBee. with the view OF attacking
the witness cFedibllity. The objec-
ton to the introduction Of the pawn
brokers' receipt ON the grounds that
Gust Cohen. Goidbatt's clerk. who
made out the receipt. was not pres
emit. was oyeFrnled.
v. w. Plat, cashier OF the tx
'change National bank or Occur d.
Alene. testified that he had as cash
Ter passed upon the signatures 10
checks. He declared that the sigma
lures on states exhibits @ and r
were the same, the iirst being the
name of George. written three times
BY himself, and the latter, the sigma
ture OF Gruber. TO the pawnbroker's
receipt.
Gruber Ii the most nonchlaent. I'M
concerned man In the court room,
chewing gun when not laughing aud
joking with the deputy sherltfs or
others near him.
The signatures on states exhibit
+ we're Fred Gruber, Fred George.
Fred Carlisle. the last two mentioned
being aliases, under which Grnber
at various times lived.
The district court room has again
been filled all day. The large crowd
listened TO the evidence which 10 Der
ing given In the Gruber murder trial.
The prisoner takes In every word
that Is spoken aud maintains his US
ual attitude Of indifference.
The forenoon was given over large
ly to the testimony OF Underaherif
Sawyer, who introduced q letter in
evidence for the state. which had
been written by the defendant on the
GARD day of last November. addressed
10 Mrs. T. J. Ward. al Boise. better
known as Ella Wayne KLINE. IN this
letter defendant stated that he had Ia
sight fifty dollars which no would
get az soon as a short trip was TAX
en-. and that he wanted TO know II
be could then come down there, and,
he added, that will hold Us for a
time. won't it," The letter was
written in Spokane the week preced-
Ing the murder In this city. ThAa
was allowed to be admitted as evil
dence.
Shortly before dinner Sheriff Bal.
ley took the stand and was queStionr
ed by the state regarding a confession
that the defendant had made to him
short time after Gruber was ar
rested.
Attorney McBee for the defendant.
objected to the testimony, and the
jury was excused for short recess,
while the attorneys argued the mat
ter before the court. This took
some time and the jury was not cail-
ed back until after dinner. After
hearing the argument. Judge Dunn
sustained the objection and the ties.
timony was excluded from the rec.
ords, and the witness was excused
This decision excluded the confess
sion Of Gruber made to the sheriff
and Is a big point for the defense.
John jenkins was the next Wit.
ness called. jenkins is one of the
prisoners now In the Kootenai county
jail serving sentence for petty lar.
oeny, which was committed In the
village of ST. Maries. lie was ques.
TONED by the state along the line Of
what uruber had said regarding the
crime Of which he II charged. while
the two we're together In the jail.
At the finish Of the testimony Of
jenkins the state rested its case, and
an adjournment was taken until
Monday morning at 10 O'Clock. wheE
the defeuse will begin its side OF ths
case.
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