Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1910-02-24
Did Not Know There Was LiQu.
or in the Package
LOOKS LIKE A FRAMt-UF
Political Conspiracy Hlnted at
After Guilty Parties

The case of the government VS..
Atty. John Mcdonald of Vollmer for
introducing whiskey on the Indian
Reservation was heard before L. S.
Commissioner O'Neal at Lewiston the
last of the week and resulted in his
discharge. This paper has been CEN
sured for not publishing long article
last week in regard to his arrest but
at the time it looked as though the
man might not be guilty and we
thought it best to wait until the trial.
The result of the trial shows the
Free Press was warranted in awaiting
the action of the court.
If a preacher violates the law he
should be punished just the same as
any other citizen but the minute he is
accused paper has no right to con-
slider him guilty and make sensation
al story out Of the arrest any more
than if he be citizen from the ordi-
nary walks of life.
Below we give two accounts Of the
trial, the first from the Lewiston Tri-
bune and the other from G. T. Nc
Donald, brother of the man charged
and acquitted.
"The government failing to establish
that Attorney j. S. Mcdonald had
knowledge that the package of books
he took to Vollmer on the reservation
also contained three bottles of whiskey.
u. S. Commissioner O'Neill yesterday
dismissed the action against the de-
fendant after the testimony had been
concluded. The testimony of the de-
fendant was to the effect that he had
purchased II books at the Lee Pennell
store in Lewiston; that he saw the
books placed in package; that later
he took the package to the train and
upon arrival of the train at Vollmer
again took possession of the package.
The package was then seized by Speci-
al Officer Van Vert and when opened
the liquor was disclosed, but one book
was absent. Mr.. Mcdonald said he
had no knowledge of .how the liquor
got into the package and therefore
had no knowledge he was introducing
liquor on the reservation and had no
purpose to do so. The government
could not prove that Mcdonald had
knowledge the liquor was in the pack
age and so Judge O'Neill dismissed
the case. Mcdonald has many friends
in Lewiston and in the Vollmer sec
ton and these are pleased that he has
been able to clear himself of the
charge On account Of the fact that
he was classed as prominent advocate
Of prohibition in the county, the case
attracted a great deal Of attention.
The contention of the defense was that
circumstances had indicated some per-
son had placed the whiskey in the
package with malicious inteut SO as to
cause McDonald's arrest on the boot
logging charge. He was defended by
Attorney Redwine of this city and by
his brother, Attorney G. 7. Mcdonald,
of Grangeville.
''Inasmuch as the liquor was found
in McDonald's possession, general COM
ment since his arrest had been to the
effect that the case would 60 to the
federal grand jury for investigation,
SO considerable surprise was expressed
yesterday when Judge ONeill's decis-
ion became known. 1t has been al
most the invariable rule when men
are arrested on the reservation with
liquor in their possession, for the court
to hold them to the federal court, and
such rule has been applied to labor
ing men passing through the reserva-
ton; in one instance to well known
business man, and settlers in the
Clearwater country, with bottle Of
liquor found in their possession, while
on their way to their homes, were not
! exempted. In nearly all such cases,
Federal Judge DIETRICH has failed to
impose punishment OH the parties
, when the matters came before him,
! still such persons were held by the
committing court. 1t seems, however
that where person has liquor in hi.
possession, and does not know it il
e there, he will be exempt from the ex
: pense and humiliation of being takel
+ before the federal court at Moscow.
b Atty. c. 7. Mcdonald of this city
Il who is brother of the accused mai
l.rl a. o.s.axoJ Al. DoL,,:uo n