The searchlight., 1911-12-15
DISTRICT COURT
Booth Connected Of the
eny Of Two Bay Oeldings.
Norburn Acquitted

belonging to Henry Kirns. OF Poplar.
Through his attorneys. II. M. Lewis. OF
the firm of Hurd & Lewis. OF this city. and
Paul Babcock. Of Culber,son. Booth made
q vigorous defense.
The states case being based on the testi-
mony of Henry Kirn. the victim Of the
theft: his son Albert. Edward Bear. a
bright Young Indian from Poplar. and Ned
Quinn. an Indian laborer ana horsebreak-
er. The case Of the plaintiff began with
horsetrade between Booth and the prose
cutting witness. Kirn. in which Booth was
to receive seven head Of 'culled' ponies.
a sum OF money and other valuable con
sideraiions for two ''cross u" bay geldines
tthe animals stolen). but which. at the time
Of the trade. were upon the public range
and had not heen rounded up" Mean
while Booth again traded the horses to Ned
Quinn. to whom he explained that he had
traded the horses to Henry Kirn. but that
the said Henry Klrn had ''acted smart and
was Dragging around. +" and that he was 60
ing to beat him out of them. The defense
interposed that the eeldings were the pro-
perty of Rosa Booth. wife Of the defendant
that Booth had no right to dispose Of them
il ne wanted to. and that the horses actual
" traded we're two inferior animals which
otherwise answered the description Of the
ones stolen. The jury returned a verdict
within fifteen minutes after the arguments
of respective counsel had ceased. Mr..
Lewis stated that he would file motion
for new trial. and an appeal is expected
The case of the state against George
Norburn, charged with the theft of 4 pinto
mare, the property of A. ID. Butler near
Medicine Lake. came to conclusion Mon
day. Immediately following the close Of the
defendants case. by the request of County
Attorney Hurry for direct verdict.
Mr.. Hurry is to be commended in his
action in this respect as il came after he
had vigorously fought the case to its finish.
and after he had lost the support of the
material witnesses upon whom he relied
for a conviction in the case. No one who
has heard and seen the uprigh, and fearless
manner in which Mr.. Hurry has conducted
the prosecution Of the cases preceding the
trial of Norburn, doubts the sincerity Of
his efforts to mete out justice to wrongdo-
ing. and his faithful service to the county
in openly endeavoring TO stamp out crime
in the conviction Of the laws offenders,
and the true worth Of the county attorney
is shown IN the modesty and brevity Of his
request for the verdict Of acquittal as fol-
lows:
At this time shall ask that the cour,
ask the jury to return verdict Of not guilty
in this case. believe that the evidences
on the part Of the state is hardly sufficient
to go to the jury. and in that connection
desire to say that certain witnesses whose
testimony we relied upon. have appeared
here in court and absolutely refused to
cone through with the evidence which
reputable citizens have told US they would
give. and in one case in particular. one Of
our material witnesses has absolutely had
a change Of front. having given testimony
directly opposite that which we were told
would be given and do not feel that il is
fair to me or fair to the jury. or fair TO
the court to ask the jury to listen to the
arguments in this case upon the evidence
which the state has produced
In commendation to Mr.. Hurly's action
the court said in open court. in part;
Gentlemen. I wish to say. in this con-
nection, tha, think the county attorney
has taken the proper action in this matter
rather than submit the matter to you. in
view OF the evidence that has been intro
duced here. believe that this case was
brought in good faith. this evidence cannot
always be forseen-in cases like this. you
cannot always tell what will develop or
what may not develop. and wish to say
to you that approve his action here
There was a total failure Of proof in the
case to show that the defendant was in any
way connected with breaking into the
pasture of Mr.. Butler on his ranch nea.
the town Of Medicine Lake. and an sndeav-
Il or to trade or sell the horses there stolen
i to Glen Robinson. or oil his possession ol
any of the animals taken. and particularly
the one mentioned in the information
thereafter, and this occurred through the
change Of front Of at least one of the states
witnesses. after making statements con.
tary to those testified to on the stand.
II The cases of the State vs.. Weakly
Gibson and Ailmer Luud have been tried
this week. and the jury brough, in a yer
dict "Wednesday nigh; Of assault in the
second degree for Gibson. leaving the pen.
atty to be hxed by the court. and last nigh
the jury in the case against Lund rendered
a verdict Of assault in the third degree and
J 6xed the penalty at thirty days IN thu
county jail. Th,s is the case here four oI