Evening capital news. (Boise, Idaho) 1901-1927, 1912-12-06

Continued from FIRST Pase3.
time in which to attend to the very
important business that calls him east
as set forth in his afndavit. In re-
ply Chief Justice Stewart stated that
the court also. has important business
before 1t as well as the defendant.
and the extension could not be
granted.
Why Extension Was Asked.
The affidavit filed with the court
requesting an extension. Of time in
which to prepare for trial. by r. s.
ting forth the reasons Is as follows:
I'm the Supreme Court OF the State Of
Idaho.
ID. c.. McDougall. attorney general
Of the state OF Idaho. plaintiff, versus
r. s. Sheridan. G. O. Broxon and A..
r. Crusen, defendants. Affidawit on
motion for continuance.
"R. s. Sheridan and c. o. Broxon,
being first duly sworn. depose and
say that citation In the above entitled
case was served upon these defend
ants at a late hour. to-wit. about
o'clock, on December 2. 1912; that on
December 3. 1912. Defendant c. O.
Broxon was served with subpoena
as Judge Of the Sixth judicial district,
commanding him to appear ~ . wit
ness in a case then on trial before
the said court at Blackfoot, Idaho, at
10 o'clock a. m. Of the 4th day Of
December and that in order for said
defendant in this case to answer to the
service Of the court sitting in said
Bingham county, It was necessary for
said defendant Broxon to leave Boise
on tho said third day Of December;
that he was in attendance upon the
said district court of the Sixth Judi
cial district until . late hour In tho
afternoon Of said date ana could not
get q train to return to Boise until
40 in the afternoon OF said day
whereby 1t was impossible for him to
return to Boise until tho morning of
the fifth day OF December. whereby 1t
has become impossible for defendant
G. o. Broxon to hold suitable CONFER
ence with his codefendant. r. 9. Sheri-
dan, concerning the matters named in
the citation of the honorable, the SUI
preme court of the state Of Idaho:
that said defendant has not had suf-
ficient time or opportunity to con-
suit with an attorney to ascertain his
rights. to be advised Of his duty or to
prepare a defense. II defense can be
made in order to be prepared to plead,
demur or make defense or legal ex-
cuse on this, the sixth day Of Decem-
Der, 1912; that before citation in the
above case had been had upon the
said defendants and before said de-
PENDANTS had any knowledge or init
nation that said citation would be
made, defendant, r. s. Sheridan, had
prepared and arranged to leave Boise
on the evening Of this. the said sixth
day of December for Chicago and
other eastern cities on a trip a por-
ton OF which involved matters OF
great business Importance to the said
defendant. the delay Of which would
probably result In serious loss to him
and his business: that If permitted by
this court to make such trip, the
earliest possible date at which he
could return after the transaction OF
said business would be the twentieth
day OF December. 1919: that by rea-
son Of such absence insufficient time
would elapse whereby the defendants
could consult together and with their
attorney would be 80 days from this
date
"R s. SHERIDAN,
&C. o. BROXON.
Subscribed and sworn to before
me this sixth day Of December, 1912.
II. w. HART,
"Clerk."
Demurrer Filed.
/ The demurrer filed by the defend
ants r. s. Sheridan and G. o Broxon
Is as follows:
'Tn the Supreme Court Of the State
of Idaho.
ID. c. McDongali, attorney general
Of the state Of idaho, versus r. s.