The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1915-06-18

was granted. l was not permitted to
say a word in court, offer any testi-
mony or say a word in my own be-
half After the divorce was granted
| was discharged from custody by
Judge Bulge.
After the trial l was told by Clyde
Hansen, publisher of the Malad En-
terprise. that Judge Bulge had said
that if | had appeared in court the
divorce would not have been granted
Notwithstanding the fact that | was
county the divorce was granted on the
grounds that l had failed to appear in
response to the summons.
Again Arrested in Malad.
| returned to Preston and upon the
assurance of man who pretended to
be my friend, gave him temporary
charge of the paper. This temporary
arrangement proved to be permanent.
| left Preston October IA going to
Salt Lake thence to San Francisco. |
returned to Malad, Jan. 10, 1904. for
the purpose of collecting money that
was due me for county printing and
which | was unable to get owing to
the fact that the board of county COM
missioners met only once in three
months. arrived in the afternoon and
Immediately after supper was again
arrested. remained in the county
Jail until February 8, when | was
again set free. | went to Pocatello,
via Weston, thence drifted west along
the Oregon Short Line working at nv
trade at different towns along the
line.
Arrested by Postoffice Inspector.
May IA, 1904, while employed in
Caldwell on the Caldwell News, of
which John E. Roberts was then the
publisher. | was arrested by John E.
Clark, United States postoffice inspec-
tor. On the charge of circulating OBJ
scene matter through the mails, said
obscene matter consisting of a per-
printed circular entitled: "The failing
and Kangarooing Of J.. G. Harvey" l
was taken to Boise and lodged in the
county jail. May 10 l was taken be-
fore U. S. Commissioner, Jonah w.
Brown, who held me under $500 bond
to await the action of the Federal
grand jury, northern district of Cali
fornia. May rs deputy u. S. marshal
called at the Jail and told me that we
would go to San Francisco. From
Boise to Caldwell, and during the stop
OF several hours at Nampa, l was
decorated with an Oregon boot. |
was relieved of the boot as soon as
the train left Caldwell. 1t was put on
for moral effect rather than from any
tear that l might attempt escape. May
70 we landed in San Francisco. l was
taken to the city prison on Kearney
Street and put in dungeon. was
kept in this dungeon, without proper
food, without exercise, without OPP
portunity for bathing or keeping my
self clean until June lo. On that date
| was takcn before the Federal court
to answer 10 two indictments, viz.
writing the letter and circular referred
to already. | entered a plea of not
guilty. | was returned to my dungeon
and kept there until September LIST.
About II o'clock in the morning of
September lst.. the sergeant of the
prison came to me and told me that
l was free man. He had received
word to discharge me from custody.
The government never brought me
to trial on the charge Notwithstanding
the fact that it had kept me in close
confinement for los days. In fact only
one witness was ever summoned to ap-
pear against me and this summons
was cancelled before the date of trial.
This Time 1t Is Insanity.
Il left San Francisco within a few
days, and secured work at Davisville.
small town II miles from Sacramen-
to. worked there for two months
and again concluded 10 come to Ida
no. | started out worEing my way
from town to town. / arrived at
Pocatello just before the holidays. l
saw Geo. E. Gray on the street,
man l had known at Malad, and
struck him for the price of a meal. He
reached in his pocket and brought out
several dollars. | selected a twenty
five cent piece. While was at break
fast Gray notified McDougall at Nal
ad that | was there. McDougall,
county attorney, notified the sheriff of
Bannock county that | was wanted,
to arrest me and hold me until an
officer could be sent. | was held in
Jail couple of days when Deputy
Sheriff Evans arrived and took me to
Malad. On December % l was taken
before the probate judge and adjudg.
ed insane. The Oneida authorities first
tried to send me over for writing the
letter and circular of which they had
tailed to try to convict me in the Fed
NSuit ms not proving feasible
McDougall swore that his life and
property were in danger while | was
at large. | asked the court how his
life and property could be in danger
when | was in Pocatello en- route west
while he was at Malad. The reply
was, he is crazy. take him away
Il was taken back to the county Jail.
While was there S. D. Davis, pro
bate judge, came to the Jail and gave
me 50 cents with which to buy stamps
remarking, that they might be use
full and further, that he hated to send
me to Blackfoot. but was forced to
do so.
Appearance in State Supreme Court.
An attendant arrived from the asy-
lum Saturday and we went to Black
foot Sunday. While in the ASYLUM |
wrote an application for writ OF
habeas corpus to the state supreme
court. The application was granted.
January 70 | went before the state
supreme court. The proceedings hung
TIRE for a couple of days. The court
had appointed W. B. Davidson my at