Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1915-02-18
OUT ALL OF SATURDAY AFTER
NOON UNTIL LATE IN THE
EVENING.
CHARGE WASCRANDLARCENY
Reported that Seven Jurors were for
Acquital and Five Favored Con-
viction. 81 Witnesses Testified.

The case of the State vs. John Mutt
man, on charge of grand larceny
went to the jury for decision last
Saturday about noon and after being
out until late in the evening they came
in and informed the court that there
was a hopeless disagreement on a. YER
been taken. The jury was then polled
and each juryman for himself stated
that his opinion was fixed. The court
thereupon discharged the jury and the
case must be tried again. 1t is re-
ported that the jury stood for ac-
quittal and against.
The defendant is allowed his freedom
ON the old bond given for his apper-
ance. On account of the difficulty of
getting new jury, and of the atten-
dant expense getting new jurymen to
try the case. it will therefore go over
to the August term for trial.
The Jurymen in the Case.
The jury selected to try the case
were: VIM. C. Brewer, Fred Huffman,
Fred Collision, E. w. Barnun, g. d.
Stanbery, Albert Gregg. Riley Rice,
n. w. McCune, George Finney, James
L. McHugh, John F. Oliver and G. M.
Day. The work of inpanneling the
jury was completed Thursday forenoon
and Thursday afternoon and all of Fri
day were consumed in trying the case
and the state put on their witnesses in
rebuttal Friday evening. The case was
argued Saturday morning.
Great Interest Manifested.
The court room was crowded most
of the time during the trial of the
case and great interest was manifested
81 witnesses were subpoenaed by the
state and the defense, and at one stage
of the case one of the witnesses, Mrs
Frank Hatke took exception to the
questions propounded by w. N. Scales
who appeared as attorney for the de
fendant.
The States Case.
The first four witnesses put on the
stand by the state were San Shaw, Free
Shaw, Frank Hatke, and Mrs. Franl
Hatke. Fred Shaw was the owner o.
the cattle alleged to have been stolel
by Nuttmann and testified first. III,
stated that his cattle ranged in tn
Butte section and were missing alonl
about October /, when 6e went out t.
look for them.
Later he met Frank Hatke in FeI
dinand and Hatke told him that he ha
seen Nuttmann driving some cattle o.
the road of the description given, an
thereupon Shaw visited the huffman
place on the river and found some o
his cattle in Nuttmann pasture wit
earmarks changed. He returned HON
and got his cows, he stated, whic
claimed the calves he had found.
Sam Shaw's testimony was to tn
same effect as that of FIR d Shaw
Frank Hatke testified that he had me
Nuttmann on the road with som
cattle, and said that some of his cattl
were In the DuHcn, Ol winch ldct
informed Nuttman, and then the d.
fendant cut out his cattle. He ais
stated that the calves alleged to hay
been stolen were in the bunch drive
by the defendant. Mrs. Hatke ws
with Frank Hatke when this occurre
and she corroborated the testimony ,
Frank Hatke, her husband.
The above were the main witness
relied upon by the state, and the 9TH
witnesses put on the stand testified
to going with Shaw to get the cattl
which were found in Nuttmann's pa
ture, and as to other facts which Q
Cured shortly after the cattle were I
covered by Shaw. The other witness
put on by the state were Clugerin
Carl Flynn, James johnson, Joe Fl
meking, Lee Lane, Harry Blake al
Lonnie Bales.
The Evidence of Defense.
The witnesses put on the stand I
the defendant to testify in his behs
were Merlee Kohl. Anil Renegi, M