The Rathdrum tribune. (Rathdrum, Idaho) 1903-1963, 1912-05-24
RATHDRUM KooTENAI COUNTY IDAHO, FRIDAY MAY "a 1912
CHARGE WAS CROUNDLESS
costs In Alleged Embezzlement Case
Assessed to Prosecution.

L 1
It took the jury in Justice G. F
oteele's court at Coeur d'Alene
Monday. only the time necessar
70 get seated, take ballot and tn
foreman to sign the paper abou
three minutes-to return a verdic
clearing L. E. Kirkpatrick, Rath
drum village trustee, of the charg,
OF ''embezzlement" of a piece o
city pipe, a charge alleged by tn.
defense to have been actuated b,
motives Of animosity, malice anc
spitework on the part of those
instrumental in having the com
plant filed. c. H. Potts was at
torney for Mr.. Kirkpatrick and
declared the case one of the most
nagrant instances of malicious
prosecution in his experience.
Alter the verdict was announced
by Justice Steele, Mr.. Potts filed
a motion assessing the costs
against the prosecuting witness,
Henry Burns, alleging that the
charge was malicious and without
grounds.
N. d. Wernette, prosecuting at
torney, after the trial, expressed
surprise at the lack of evidence
produced to substantiate the
charge. Mr.. Kirkpatrick had ex-
pressed confidence all along that
'there was nothing to the charge"
his only tear being that the com
plant might be withdrawn at the
last moment and not allowed to 90
to trial. He said that after he had
been accused on the streets of a
crime of which he was entirely
innocent, he particularly desired
it to be shown in court that the
charges Of his accusers were utter
ly without foundation.
The case was tried in the after
noon with jury of twelve. The
witnesses subpoenaed who testified
for the prosecution were I. I.
Feely, to whom the pipe was sold
last November; Peter Woutchik,
who helped Mr.. Feely to handle
the pipe; ]. r. VI. .Culp, sub
poenaed to produce the village
clerks records in evidence; w. A.
Hart, village treasurer, subpoenaed
to produce the cash book in evi-
dence to show that up to and in
cluding May 18 no money had
been paid over to the village for
the length of pipe sold to Mr..
Feely; and Martin Poleson, who
was chairman of the board of trus-
tees at the time the pipe transac-
tion took place and until last April.
Messrs. Feely and Culp were also
subpoenaed as witnesses for the
defense. Other witnesses for the
defense were Village Trustees D.
D. brennan and ]. w. Smith be-
sides Mr.. Kirkpatrick, himself.
The record showed that on April
10, 1911, the board made an order
authorizing the chairman to find
sale for the Sin. and Io-in. black
iron pipe, and the testimony ad.
duced indicated that all the mem
bers OF the board were given
permission to aid in disposing of
the pipe, that Mr.. Kirkpatrick sold
one length of pipe to ]. ]. Feely, a
farmer, last November, after con-
sulting Trustee brennan over the
phone and sending Mr.. Feely to
the village clerk to get the in
voice price; that the matter was
mentioned at one or more meet
ines of the board following, Mr..
Kirkpatrick stating he would pay
the money over for the pipe on
demand or when reminded of it;
that he received, on Dec. 80, a
check from Mr.. Feely to pay for
the pipe and the work he had done
ON it; that the matter was over
looked, and no demand for the
money was made on him, until on
May he was reminded of the
Feely transaction by Louis Nc
CURE, another farmer, coming to
e+ot;np he wanted a length