The Grangeville globe. [volume] (Grangeville, Idaho) 1907-1922, 1914-11-12
COURT HOLDS FRANK HYE
FOR MURDER OF KENNEDY
Bail Fixed at $1,000 Original Bond Furnished = Hye
Immediately Re-arrested- d-Expected Bond in
Second Case Will Be Furnished Soon.

Globe has adopted this course because
OF absolute fairness to all concerned.
That has been and is this papers sole
object. Other papers have published
lurid accounts of different phases and
developments in the case from time to
time but the Globe has steadfastly ad-
hered to the original policy.
All honorable means to CLEAN an au-
thorized story of the shooting; a story
based on official records and one that
would tell the whole truth, have been
tried out by this paper. but SO far. al
though the shooting was committed over
a month ago and the defendant has had
two preliminary hearings and has twice
been bound over to the district court, the
facts are withheld from the public and
the Globe editor Is denied the privilege
of reviewing the testimony.
The transcript of the proceedings at
the first preliminary has been complet-
ed for days, yet it has not been filed at
the office of the clerk of the district
court, at this writing, Thuraday after
noon, and all efforts to date to see it or
TO learn authoritatively any of its con-
tents have been blocked.
To secure a ruling from the state s
lawyer, the facts in the case were sub
mtted to Attorney General Peterson by
| the Globe. Mr.. Peterson replied by
wire as follows, yesterday:
Under the provisions of Section 75S9
revised codes, 1t is the duty of the mag
istrate to return without delay to the
| clerk of the district court all dispositions
taken in examination held before him.
j. H. PETERSON"
! The section of the law to which Mr
! Peterson refers is as follows:
when a magistrate has discharged a
defendant or has held him to answer
he must return without delay, to the
clerk of the court at which the defend
ant is required to appear. The warrant
if any, the dispositions, and all under
| takings of bail or for the appearance,
of witnesses taken by him.
u Attention of the reader is also called
to Section S41 of the Revised Codes o
Idaho which reads as follows:
THE public records and other mat
ters in the office of any officer are, a
all times during office hours, open t,
the inspection Of any citizen of thi
state"
A representative of the Globe calle,
at the office of Probate judge DeHavel
today and asked Judge DeHaven wher
the transcript in the Hye ca ;e would b,
filed with the clerk of the district court
Judge DeHaven replied that he had bee
requested by Attorney Scal+s to "holt
it UP a few days. -
| Prosecutor Hattabaugh when asked fol
an opinion regarding the present statu,
| of the case, said:
81 cannot understand why the officia
records in this case, including the tran.
script and dispositions taken at the pre-
| liminary, should be withheld from tn,
public. / know of no law which au
thorizes such procedure. AS far a.
we, the prosecution, are concerned. W,
viii. not object to any or all the testi
mony and records being given publicit!
at any time"
! Attorney Scales, in discussing tn,
rumors and stories concerning the cas-,
today, in open court before Justice o
the Peace Garets. said in effect: "W,
appreciate very much the stand takei
by the Globe in reporting this case, de
clining to publish comments on the cas-
until the official records are known"