The Grangeville globe. [volume] (Grangeville, Idaho) 1907-1922, 1914-12-03

H. ]. Smith was on Saturday held to
await the action of the district court
for the alleged killing OF Joe Marcus
at Cottonwood on November 3, 1914
Ban was fixed at $500. The hearing
was conducted at the Commercial club
rooms before Justice Of the Peace L.
Vineyard. Attorney w. N. Scales APP
peared for the defense and County
Attorney Hattabaugh conducted the
prosecution. The hearing was open 20
the public. Only one witness, Peter
Marcus, a brother Of the victim Of
the shooting, was called by the defense.
The testimony of the several wit
nesses, while conflicting as regards to
various details. shows that Smith, who
Is familiarly known as Jack Smith,
and Marcus the victim, were occupy
ing hunks in the same car where the
men OF the bridge construction gang
were quartered; that Marcus and COM
panions returned from Cottonwood late
in the evening of November 8. cleo
tion day; that Marcus created some lit
tie disturbance and noise; that an al
tercation followed between Smith who
had been asleep in his bunk and Mar
Gus and that Marcus received three
bullet wounds in the body. Witnesses
drinking during the day and there was
testimony given which would furnish
foundation for the belief that Marcus
had a knife in his hand during the
struggle between the two men. \
knife. which was said to have been
found on the floor of the car on the
morning following the shooting. was
introduced by the defense.
Brldue Eoreman Talks
! John Hanson, foreman of the bridge
crew. was the first witness called by
the prosecution. He said he was first
notified of the shooting by Barney
Marcus, who said that ''Jack had shot
joe" Later, he said, Smith came by
his car and said to him. John I am
awfully, awfully sorry this happened. "
Hanson said he had seen Marcus us
ing a knife similar to the one intro
duced in evidence by the defense but
did not swear that it was the same
knife.
DR.. Orr of Cottonwood. told of dress
ing the wounds of Marcus. He said
there were three bullet holes in the
back, within a radius of two inches
all low in the back just to the left OF
the spinal column He said that the
underclothing worn by Marcus bore
powder burns where the bullets were
fired. DR.. Orr said that he heard Joe
Marcus say after the shooting: Damn
him, I'll get himT'
The Brothers Story.
Barney Marcus, Joe Marcus brother
was in the car when Joe came in
Barney said that Joe wanted him to
get up and come outside the car, say
ing: ''I'n show you what I'm made
Of" Barney said he told Joe to go to
bed; that Joe, who was taking care
of the car that week, got a shovel and
was banking up the fire for the night
when Smith complained of the noise
being made. Barney said that Smith
asked Joe If he was looking for trouble
and that Smith got up and put his
pants and shoes on. At this point
Barney said, Joe Siegel a member OF
the crew, stepped betweeh the two men
and took the shovel away from Joe Mar
Gus, who backed up saying to Smith:
Don't shoot me Jack" Barney said
he saw a revolver in Smiths hand.
The men were about three feet apart
when the gun was fired, Barney said
Joe Marcus died at Lewiston about
a. m, on Nov. 5, according to the wit
ness Barney said that he didn't see