The Grangeville globe. [volume] (Grangeville, Idaho) 1907-1922, 1914-12-03
SMITH HELD TO ANSWER IN
COURT FOR MARCUS KILLING
agstrate at Preliminary Hearing Binds Defendant Over
and Fixes Bail at $25OO-Nuch Conflict in Test-
Shooting at Cottonwood Nov. 3.

knife on the night OF the shooting.
He Also said that when Joe Marcus
clothes were searched at Lewiston
nothing was found in the pockets.
William Rudefeld, a member of the
crew, said that before the scuffle Joe
Marcus walked up to Jack and spoke
to him and put his left arm around
Smiths neck. Both men had hold of
each other, Rudefeld said, and imme-
diately afterwards ne heand three shots.
Says Joe Created Disturbance.
w. A. Milton, a bridge carpenter who
also occupied a bunk in the car, said
that after Joe Marcus came in the car
he threw a lineup on the floor, knock
ed over a chair and scattered coal
on the floor when he started to bank
UP the fire. He said that Marcus held
the shovel UP over his head before
Siegel took It away from him. Milton
testified that he had seen Marcus have
knife similar to the one exhibited
by the defense.
Hagbert Thine said that Joe Marcus
was quarrelsome when drinking. THINE
was not a member of the party that
went to Cottonwood on election day.
he said. He went to Lewiston with
the ether fellows who took Joe Marcus
to the hospital after the shooting.
Knife Is identified.
James Smith, who said that he was
not related to the defendant testified
that he was in the car when the shoot
ing took place. He said he saw Joe
Marcus have his arm around Jack
Smiths neck. saw Jack reach toward
his hip pocket and then saw the gun
fired James Smith told of finding a
knife near the clothes locker in the
car the next morning after the trouble.
The blade was open at the time, he
said He positively Identified the
knife exhibited by the defense as the
one he picked up in the car. He said
he did not know to whom the knife
belonged. He told several persons of
having found the knife he said but
when questioned by the prosecution he
did not give the name Of any such per-
son or persons. Smith testified that
Joe Marcus was quarrelsome most OF
the time
Sheriff Eimers was called and told
of being called to Cottonwood after the
| tragedy and what he saw and heard.
He produced the weapon in the case,
3s calibre hammerless revolver.
The defense called Peter Marcus, a
brother of Joe Marcus Peter said that
he saw Joe have a knife about a year
ago. 1t was not the knife exhibited in
the case, he said.
Calls II Strange Case.
Justice of the Peace Vineyard in
ruling upon the case pronounced 1t one
of the strangest that had ever been
brought to his attention He said he
could not understand why the killing
was not prevented when there were
so many other persons in the car and
he voiced his regret that such a re-
suit should come of such very tri-
fling cause. The magistrate held the
view that the murder was not pre-
meditated and ruled that the defendant
should be bound over and fixed bai
at $2500
The testimony of Joe Siegel, the
man who is said to have taken the
shovel out of Marcus hands and en-
deavored to quiet the disturbance and
avoid trouble was not heard at the
/ preliminary. The defendant, also was
not called to the stand. He is a mar
of good appearance and, according tC
the testimony of the witnesses, does
mot gmolxe or drink and has establish
ed a splendid reputation among the
men with whom he worked.