Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1914-12-03
|A, !. SCHMIDT HELD
| FOR MURDER OF
JOE MARCUS
,prrIMINARY HELD BEFORE L.
vHrYARD. JUSTICE OF PEACE,
FRIDAY AND SATURDAY.
BAIL BOND FIXED At $500
psfendant Hit by Three Bullets in Back
and Clothing Burned According TO
Testimony Of Dr. Orr.


The preliminary Of H. J. Schmidt,
charged with the murder Of Joe Marcus,
near Cottonwood on November 8, was
held before L. Vineyard, justice Of the
peace, the hearing being commenced
lsst Friday and ending Saturday. The
accused was held to appear before the
District Court on charge Of murder
and Judge Vineyard fixed his bond at
$500, which it is though he will not
be able to furnish. Wallace N. Scales
appeared as counsel for the defendant.
Eight witnesses were called to testify
for the state.
Schmidt the defendant, and Joe Mar
Gus, the deceased, were members of a
railroad bridge crew stationed on a
siding near the rock crusher beyond
Cottonwood. The deceased was killed
in one of the three cars in which the
crew were housed, both Schmidt and
Marcus sleeping in the same car.
Testimony Given Friday.
John Hanson, the bridge foreman,
gave the first testimony for the state
on Friday. He occupied car at the
west end Of the three used for living
cars and the defendant and deceased
occupied car ON the west end, seven
men in all sleeping in this car, the
Marcus brothers and another man sleep
ing in one end, and Schmidt and two
others sleeping in the other end of the
car.
Hanson testified that Barney Mar
Gus came and awakened him saying that
Schmidt had shot his brother, where
upon he went to the car where the other
men bunked and found Marcus lying on
the floor of the car. He endeavored to
get blanket under Marcus but on ac-
count of the pain caused to the wound
ed man he had to roll him onto the
blanket. Two men were sent for medi-
cd aid to Cottonwood and DR.. Orr was
called to attend to the mans wounds.
Dr. Orr testified as to being called to
care for Marcus and that he found three
wounds in the back, where three bullets
had entered. As the clothing Of the
deceased was burned near the place the
bullets entered, DR.. Orr stated that this
would indicate that the shots were fired
y close range. He also testified that
me man was fatally injured and could
not live and that he worked on him for
twenty minutes to prepare him for the
tap to Lewiston.
Deceased's Brother Testifies.
The next witnesses put ON were the
sne men who were in the car at the
sime the shooting took pace. Barney
marcus, brother Of the man shot, testi-
ned that he was in the car at the time
VI the shooting. He said he returned
from Cottonwood about 9:3O in the
evening, and that his brother Joseph,
'o'urned to the car about 1880 or
perhaps little later. Witness said it
was an arrangement in the car that the
occupants should take care Of the car
tof week at time in turns and this
Neek 1t was his brother 3 turn to look
slter the car. He said that when his
orotner arrived at the car that he came
" 'ne bed and pulled the covers and
.nen went to the stove to lay the fire
i0r the morning. He said he made
some noise in fixing the fire and
schmidt asked il he was looking for
trouble. Mr.. Marcus testified that his
ulother replied that he was not but
mat Schmidt got up and commenced
: s'essing and Joe Segil was also on the
.0of. Witness testified that Segil
"iessed a shovel from his brother and
.e 'nen heard his brother ask, "You
w. o not going to shoot me, Jackf''
o. s'ness said he then saw q revolver in
s'nmidt's hand and as soon as segil
.s OAe from his brother, Schmidt shot
times and his brother fell to the
lie testified there had been no
''ous trouble between the men.
Testimony Of Other Men.
go. Imam hudeseld, the next witness
'ed that he was sleepins>ip the
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