The record. [volume] (St. Maries, Idaho) 1913-1918, 1915-06-15

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$3.50 this morning the jury in the
Brotherton case reported through
the foreman. James Deary, that
il could not agree upon a verdict.
The judge inquired if there was
any possibility of an agreement
and finding there was none dis
missed the jury and continued
the case for the term.
The case of the state against
j. j. Brotherton, charged with
making false entries i'm a book of
the Stien Lumber & Shingle COM
pany withintent to dcfraud the
company. which has been ON trial
since Friday morning, was given
To the jury at about 9:i5 Monday
evening The prosecution fin
ished It's rebutal evidence short
ly before six o'clock and an even
ing session was held for the pur-
pose of allowing the attorneys to
make their arguments To the jury.
Ed S. Elder, county attorney,
made the first argument for the
state. lie was followed by AT
torncy William Wayne of Missou-
Ia for the defendant. Mr. Wayne
is good forciblc speaker and ne
reviewed the evidence i'm a care
full manner. presenting it i'm
favorable light for the defendant
and closed with an eloquent plea
for the acquilial of his client. At
tolney c.. II. Potts of Coeur d.
Alene closed the case for the
state analyzing the testimony in
lroduced and claiming that it con-
clusively showed the guilt Of the
defendant.
The exact entry made by
Brothcrlon which the prosecution
lalleged lo be false and made with
the intent to defraud the company
was made ON the iilh day of June
1913, at which time it was al
legged ne made a false balance in
his books and to cover it charged
the company with $500 for his
own services for January, $500
for February and 500 per month
for March, April and May. Dur
ing the same period he charged
IG. A. Branson $4,000 per month
for January and February and
$4,000 per month for March,
April and May.
It was the contention of the
state that during the month OF
January he was working for
iBranson alone and that during the
remainder of the time his salary,
which they contended was $50
per month, was divided between
the Slien Lumber & Shingle COM
lpany and BransOn, each paying
$500. The state contended that
$4,000 per month was the sal
airy he was getting all of the time
he was working for Branson alone
and for The company and Bran
son from the time he started to
work for Branson i'm 1914 unit
he resigned in 1914, and the en-
tries i'm the books i'm his hand
writing showed that to be the
amount of salary that he had
credited himself with during all
OF the time except the one entry
made i'm June 1913, for the
months of January, February
March, April and May.
For The purpose of showing the
intention of Brotherton to defrauC
the company. the prosecution at
tempted to show that he had sold
shingles ON three different occas-
ions, collected the money for then
and kept it, making no charge tC
himself of the amount. The
state also introduced evidence to
show that he had purchased
goods on Branson's accoun
which he had used himself.
The defendant on his own be-
half claimed that in January ~
had an understanding with Brar.
SON that he was to receive $3.50
per month from the Stien Lum
her & Shingle company for th
work which he was doing for then
in addition TO the $4,000 pc