Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1915-02-25
PRELIMINARY FACTS ESTABLISHED BY
STATE-THE TRIAL CRINDS SLOWLY


act for which he is tried engaged in
handling the mail contract and that
one of his drivers was Hugh Kennedy
also a victim in the Elk City tragedy.
That son was born to defendant and
Alma Hye and that the state would
attempt to prove that defendant at
tempted to have an abortion committed
upon his wife shortly before the birth
of the son. That the parties lived in
Elk City making that their home and
on the eve of October 4, three persons
were in room at the Hye residence,
Hugh Kennedy, Alma Hye and defen-
dant and that the former two were
killed that evening by defendant.
That 6 or citizens visited the scene
of the tragedy shortly after it oc-
CURED and that they found the dead
bodies and that the body of Alma Hye
had several bruises. That the act Of
defendant in trying to have an abor-
tion performed would be attempted to
be shown as a part Of the malice in the
act which ended in death and finally
that the case would be developed by
the evidence of the witnesses intro
duced in the trial of the case.
Statement by W. N. Scales.
w. N. Scales briefly stated the out
line of the defense, following the state
ment by Judge Ailshie and stated that
the defense would endeavor to prove
that Alma Hye and Hugh Kennedy
were in the house together on the night
of the tragedy and found by the de-
fendant, the former almost devoid of
clothing and the latter in the act of
disrobing. Mr.. Scales stated that they
would show that the death of Alma
| Hye was connected with the death of
Hugh Kennedy and grew out of the
presence of the latter on the night the
shooting occurred. That the case of
the defense would be developed by the
witnesses as they testified.
Witnesses Called by the State.
Mrs. Basket was called as the first
witness for. the prosecution but as she
was i'll at the Imperial hotel the order
of the witnesses was changed and E.
ed. Watson has lived in Elk City
about ! 12 years and 10 years in
Idaho. The witness testified as to
seeing the defendant about 10 o'clock
of the night of the tragedy and had
been at the Parr hotel early in the
evening, later going across to his store
and after reading a while, went to bed
Shortly after he had retired he was
aroused by "Slivers" Thompson who
told him to come over to the hotel as
something awful had happened. That
they went over to the hotel where they
found Hye in the living room moaning
and saying something about "Why die
you do it Alma. -
/ Witness stated that Thompson advis
ed Hye that he had better go out and
give himself up as the Litchfields Were
very hot headed and that it would MOI
be safe for him to remain until they
heard of the act and that preparation
were then made for him to leave.
A party consisting of the witness
Cora Hansen, Mrs. Basket, II. P
Thompson, AL Austin, Fred Painter ant
Fred Hopwood later went to the hous,
where the two victims were to ascer
tain if they were yet dead.
They went i'm by the way of th'
woodshed according to the testimon.
and from there into the kitchen an,
from the kitchen into the parlor o
. living room where the body of Mrs
4 Hye and Kennedy lay. Witness sal
: she had nothing on but an underves
: without sleeves, and that next he sas
8 the feet of Kennedy and went aroun
r the table and saw him propped u
s against the wall.
0 His testimony also established tn
r position of Mrs. Hye and of Kennedy
n he stating that Mrs. Hye was lying o
e her back with her left hand on he
y stomach and the right out on the flool
J. her head slightly to the right and he
feet pointed towards the stove. Sh
s was laying near couch in the room
!, Kennedy's body was laying near th
Q window in the room witness statet
d Witness thought that he was dresse
= and that he had something red on an
a stated that the excitement had cause