Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1915-02-11
SMITH ACQUITTED ON THE
Ne CHARGE OF MURDER.
Continued from page IL


awakened about the time of Joe Mar
Gus returned to the car from Cotton.
wood. He said that Marcus made some
noise while preparing the fire for morn
ing and that he heard Smith tell him
! to make less noise. Marcus made some
answer to Smith and then the witness
stated that he heard Smith ask if he,
Marcus, was looking for trouble. to
which Joe answered that he was not
He then testified that Smith got out
of his bunk and that Joe Siegel fol-
lowed him. Marcus then backed be-
tween the hunks holding the shovel in
his hand and Siegel took the shovel
away from ,him, according to the wit
ness, whereupn he heard Macrus say
"you are not going to shoot me, are
you Jack7o According to the witness
/, Smith then backed into the center of
the car and Joe went up and put his
hands on the defendants shoulders and
then he heard three shots.
The testimony of w. A. Melton,
another occupant of the car practically
substantiated the testimony of Rudseld,
and he was awakened by Smih and Joe
Marcus talking and then the acts fol-
lowed which ended in the shooting
The testimony of Hagbert Thine also
substantiated in effect the circum-
stances brought out by Melton and
Rudseld, and upon cross examination
it was endeavored to show by Thine
that Joe Marcus was quarrelsome and
that he was looking for trouble among
the crew. Thine stuck to the state
ment that he bad never had any trou-
BILE with Joe though he admitted that
the deceased was somewhat quarrel
some, and that he drank. John Eimers
was put ON the stand and testified as
to making the arrest. The state rest
ed and the defense put in its test
mony.
Evidence of Defense.
The defense recalled John Hanson,
w. A. Melton, and Hagbert Thine who
were questioned with reference to
whether Joe Marcus was quarrelsdme,
whether he drank and other particulars
of this nature and also with reference
to knife which was alleged to have
been found on the floor of the car the
morning after the shooting by Jim
Smith
Jim Smith. who is deaf in his left
ear, and was sleeping on his good ear
according to his testimony, when
awakened by the trouble between
Smith and Marcus. He stated that he
saw the scuffle from the bunk, and
that Marcus threw his left arm around
Smith IS neck, and that he saw Smith
reach to his hip pocket for his CUR
with his right hand and then he heard
the three shots. The men had theiI
backs toward him, the witness testifi
ed, and he said he did not see the guI
nor did he see the knife in Marcus
hand. He told of finding the knife il
the ear the next morning near
clothes locker which was not far away
from where the scuffle which proceed
ed the shooting occurred and that hi
gave it to Siegel.
Joe siegel testified as TO having
known the defendant from time t.
time, having worked with him befor'
coming to idaho. and testified as t.
his being of good character, an
never touching liquor nor gambling an
that he was not of quarrelsome DISPOSE
tion. He then testified as to the diff
ficulty which occurred, saying that h
was sleeping in bunk near Smi.
when Joe came into the car and start
ed to make great deal of noise. II
said that Joe first started in by DARN
his brother Barney to come out of tn
bunk in which he was sleeping. usin
strong language and telling what \