The Grangeville globe. [volume] (Grangeville, Idaho) 1907-1922, 1915-02-11
Man Who Shot Joe Marcus al
Cottonwood Last Fall Freed
in the District Court.
}*F
Big CROWD ATTENDS
huffman Case Called Today
Busy Week Ahead Many
Cases Disposed of.

H. j. Smith, or "Jaclr' Smith as he
10 more Familiarity known, was acquit-
ted of the charge of murder in the
1irst degree by jury in the district
court today. The verdict was announce
IN court at s15 this morning, after the
Jury had considered the case all night.
The case went to the jury last night
at $50 o'clock.
The Smith case was set for trial in
the district court Monday morning ow-
ing to the absence of Barney and War
ner Marcus. brothers of Joe Marcus,
the man who was killed. the trial was
postponed until Tuesday morning. On
that day the brothers of the deceased
had not put in appearance and the
trial proceeded.
The jury chosen to try the case con-
listed of the following men: william
9. Hanson. T. s. McCune Robert Bar
nett, James L. McHugh. Fred Callison.
Peter Aschenbrenner, John F. oliver,
Il. w. Barnum, Chas. Sallee, J. H.
Johnson M. l. Cross foreman, and G.
ID. Stanbery.
The witnesses called by the state
Included John Hanson, the foreman of
the bridge where the men were en-
ployed when the fatal shooting occur
red; DIR. w. F. Orr of Cottonwood, the
physician who was called to attend the
Victim of the shooting; DIR. j. B. Nor
ris of Lewiston, who dressed the VIC
ttm's wounds after he reached the
hospital at lewiston; C. ]. Vassar, cor
oner of Nez Perce county at Lewiston,
who prepared the body for shipment to
the former home of the deceased in
Minnesota; William Rudfeld, w. A.
Melton, and Hagbert Thine, men who
were members of the crew and who
were present at the crews headquarters
on the night of the killing, and Coun-
ty Auditor John Eimers, who was sher-
ia at the time of the shooting and
who placed the defendant under arrest
and brought him to Grangeville. Much
Of the evidence adduced at the trial be-
fore Judge Steele and the jury in the
district court was similar to that heard
at the preliminary examination last
November though the testimony of
Barney Marcus, brother of Joe Mar
Gus. the deceased, and an eye witness
to- the shooting, was, of course, not
heard at this trial in the higher tri-
bunal The testimony of this witness
dormed one of the strongest links in
the states case and no doubt handi-
capped the prosecution to quite an ex-
tent by being untold in court.
The defense called a number of wit
nesses used by the state. including
John Hanson, W. A. Melton, William
Rpdfeld and Hagbert Thine, all mem
bers of the bridge crew and all of
whom testified to Smiths previous
good reputation and character. They
also related their versions of the en-
counter and trouble which led UP to
the shooting, as did also Jim Smith
and Joe Siegle, other members of the
crew. The defendant, Jack Smith, also
testified briefly on the stand.
The story as told in court and gem
orally substantiated by the witnesses
was to the effect that Joe Marcus
came home from Cottonwood about 8
o'clock on the night of the shooting;
that he had evidently been drinking
and that the other occupants of the
car had retired for the night. 1t ap-
pears that Marcus made considerable
noise and confusion in the car and he
was asked by two or three parties to
Keep quiet and retire. Some words
We're had by Marcus and the defendant
and the defendant got up from his
bunk and drew on his trousers. Mar
Gus at this time, 1t appears. had q
coal shovel in his hand Joe Seigle, ac-
cording to the testimony, stepped be-
5 tween the two men and endeavored tc
separate them and had apparently done
so when Marcus, 1t appears, jumped
past or over Siegle and a scuffle en-
sued between Marcus and Smith. II
was alleged that In this scuffle Mar
Gus had a knife in his hand and Smith
declared that when he saw this knife
n he shot Marcus. Jim Smith testified
a that he found a knife on the floor o.
the car next morning and gave it t.
Joe Siegle. A knife was included amon
81 the exhibits In the case Marcus wal
n shot three times. according to the evi
dence.
The court room was crowded during
both days of the trial and much in
terest was manifested, though yer!
& few spectators were in court when th'
verdict was announced this morning
Al The defendant, H. ]. Smith, was imme
diately released from custody, and vii
at once go from here to Spokane.
The defendant was represented Il
court by Judge w. N Scales and tn
prosecution was conducted by Prosecut