Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1915-02-11
TRIAL LASTED TWO DAYS AND
WAS FOLLOWED WITH Elk
CEPTIoNAL INTEREST.
JURY WAS OUT ALL NIGHT
Verdict of Not Guilty About 7:15 this
Morning and Defendant Given
His Freedom

The jury in the case of the State of
Idaho vs. II. j. Smith, after being out
about IA hours returned verdict of
not guilty and Smith is free. The ver-
dict was brought in about 7:15 this
morning and the jury went to the jury
room about 500 O'Clock last night.
The case has been followed with ex-
ccptional interest and the court room
was crowded with spectators all of the
time during the trial. The case was a
close one and puzzling in some ways,
but the evident good Appearance and
the good reputation which the defend
ane bears were matters in his favor.
The defense set up self defense and en-
deayored to establish the good chsrac-
ter of the defendant, and querrel-
some disposition on the part of the de-
ceased which was aggravated by the
fact that he was a drinking man.
| Smiths trial was set for Monday Of
this week but on account Of the fact
that the Marcus boys, brothers of the
deceased, were not present the State
asked that the case be continued until
Tuesday. The brothers were in Min
neapolis when last heard from and Pro
secutor Hattabaugh received infor-na-
tion that they could not arrive until
Friday.
The State was represented by M. II.
Hattabaugh and b. Anger, who was
entered on Monday to assist the pro-
secution. Tuesday forenoon and a part
of the afternoon was used in getting o
jury and every name in the box was
drawn out before jury was agreed
upon. The jurymen finally selected
to hear the case were William G.. Han
son, T. S. McCune, Robt. Marnett, Jas.
l.. McHugh, Fred Collision, Peter
Aschenbrenner, John F. Oliver, f. w
Barnum, Chas. Sallee. j. H. johnson,
M. I. Cross and J. D. Stanbery.
After the information had been read
to the jury and defendant IS plea stated,
all of the witnesses present were sworn
and excluded from the court room ex-
eepting DIR. j. B. Morris, DIR. w. F. Orr
} and. G J. Vassar who were permitted
to remain in the court room. State
ment of the case was hereupon made
by M. r. Hattabaugh and following
him W. N. Scales made the statement
to introduce it's testimony.
The state put seven witnesses on the
stand to establish the guilt of the de-
fandent. DIR. Orr of Cottonwood testi-
fled as to being called to the car on
the siding near the rock crusher to
minister to the man killed and as to
the nature of the wounds Dr. Morris
t of Lewiston testified as to meeting
h the car at Lewiston which brought
: Marcus 10 that place for medical at
t tention, and also as to accompanying
e Marcus to st. Joseph g hospital where
b he died.
$ John Hanson, the first man put on
n the stand by the state, was the fore
!. man of the crew of which Joe Marcus
I and J. III. Smith, the principals in the
I affairs were members. Hanson slept
s in a car which was next to the one in
which the shooting took place and tes
J titled as to being call d to the car or
n the night of November 3, and sending
n for DR.. Orr at Cottonwood.
d Testimony of Principal witnesses.
q The men who occupied the car il
T. which Joe Marcus was killed were w
le A. Melton, VIM. Rudseld, J. Fl. Smith
+ Jim Smith, Barney and Warner Mar
Gus, brothers of deceased; and Jo'
Siegel. Of these, the Marcus, broth
d ters were unable to be present at ths
A. trial of the case. having to come from
a Minneapolis their home, and the stat
of therefore had to rely on the testimony
s: of Melton, Hayhert Thine and VIM
Rudseld as it's principal witnesses.
VIM. Rudseld. a Swede, was sleep
ing in the end of the car in which the
Marcus brothers had their hunks, &C
a cording to his testimony, and was
fH~uk,uuaa an pnoa r.