Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1915-03-11


tion by the jury.
Judge Ailshie for the State.
In opening Judge Ailshie stated that
we are called upon to perform various
duties, pleasant and unpleasant and he
directed the attention of the jury to
the fact that they were called upon to
perform an unpleasant one in sitting
in Judgment of the defendant, but that
it was duty which they owed society
and the state, and that that duty was
sacred to administer justice between
100000 people and the defendant. Tt
is an honor he stated. He stated that
no more important case of homicide
had ever come before him in all his
experience as judge or or a prac-
ticioner, and he trusted that they would
not be led estray by the ingenuity of
counsel and matters of evidence.
There were several dramatic incidents
in his statement when he faced the
defendant and denounced his act in \
killing his wife.
"The defendant admits that he kill
ed his wife, Judge Ailshie stated, and
he expressed himself as surprised that
counsel had not dwelt on the conduct |
of the defendant before he killed his
wife when he used cool deliberation
and generalization. Zone sign of his
sanity said Judge Ailshie, ''s his
selection of COUNSEL In that respect
the defendant was fortunate he argued,
for his counsel have put in evidence a
multitude of matters to distract the at
tention of the jury from the homicide.
And he reiterated his statement made
before the witnesses were put on the
stand that this charge was not for the
killing of Hugh Kennedy, but for the
killing of defendant IS wife.
Judge Ailshie addressed himself to
the jury, the court and turned to the
auditors in the ocurt room and stated
that he disliked using indecent and
improper language but that his duty
2 would require him to use language i'm
r proper in good usuage with reference.
to certain matters brought out in this
q case and that he only did so reluctant
A ly. He referred to matters testified to
= by the defendant and which he latter
referred to in the words by the defen-
dant on the stand.
!. The defendant deliberately and with
r generalization, prepared himself to do
a the act for which he is being tried Mr..
10 Ailshie stated and as result two
.. voices are silent, never to tell their
70 story, and so he pointed that it was
"a necessary to rely on the silent evidence
o. of what had actually transpired on the
n. fatal night.
"A Judge Ailshie complimented Mr.. Hat
tabaugh highly for his fairness in the
g case in striving to not inject prejudice
Ia or bias in the case and he stated thai
"a as long as he was prosecutor there
w would be no danger of man being
If convicted unjustly. And he then re
q ferred to the charges made by the at
n torneys for the defense as to unfair
be ness and hurled them back to them.
ar "The statements of the defendan
n. himself justify verdict of murder il
no the first degree" Judge Ailshie stated
~ for he had planned this act and it ha,
If eliminated as direct result of hi
M plans. His evidence shows a cool, pre-
m meditated preparation to do the ac
va done and he should be convicted on hi
-. own story if it stood alone.
Vi The Judge stated that Hye shot hi
wife to silence her and stated that h
to did not nor no one but the defendan
ma knew the actual circumstances. "Di
fl he shoot his wife standing up he de
he manded turning towards the defendant
of and he answered the question by stat
in ing that he shot her at an angle of A
degrees as shown by the course of III
he bullet. He stated that it would be pos
Oh sible for her to be standing up when h
70. shot her and then he turned to the de
. PENDANT and said, "She was under hin
at and pleading for her life. -
,le Taking up the dispute as to powde
to burns he stated that if Mrs. Hye ha.
ar only been dressed in the under yes
and shot at the distance of Is or
lis inches that there would have been pow
re der stains on the vest and he argue
Use that the vest must have been covere
ed with other garments and corset.
he As to the blood on the collar of tn
mt sweater he showed that it was both O.
ad the outside of the collar and on the in
raj side of the neck, and that it was o.
nut the left side directly below the woun
in the scalp and he stated that sh
in must have had the sweater on whe
in shot and that the blood dripped dow
an from the scalp wound. He showed tina