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

TO tnelr OatnS Wnen Jney were sworn 10
try the case and render their verdict.
The first thing referred to in this ar
gument was the instruments introduced
in evidence by the state and alleged to
have been procured by the defendant
to perform an abortion on his wife. He
chided the state for unfairness in in
Producing these instruments and point
ed to the fact that there were no in
struments among those introduced in
evidence which were properly so called
abortion instruments while admitting
that some of them could be used for
that purpose. And he pointed to the
fact that the defendant had absolutely
no knowledge as to certain of the in
struments and that he had never seen
them before.
He called attention to the facts
which indicated the unfaithfulness of
the deceased, Alma Hye and stated
that he had no desire, except as his
duty in the case demanded it, to cause
pain to the parents of Mrs. Hye, and
that he wished that her shame and
guilt could be buried with her in her
resting place.
He recounted the events which
caused suspicious Of the defendant and
recounted that Mrs. Hye had requested
Mrs. Basket to ask over the phone if
Hye was in Sites. He pointed to the
fact that Kennedy went to his room in
the hotel as if going to bed and then
slipped out later to appear at the Hye
home. He also pointed to the fact
that the state had introduced testi-
mony tending to show by the state
ments of Kennedy to certain persons
that Hye was owing his 800 in wages
and that he probobly went to see Hye
at his home and to get his money, and
and then stated that the defense had
showed that Kennedy had only $4,000
coming a the time of his death and
that Hye had settled with Hugh Is
brothers.
With reference to the testimony of
Thompson as to the rid sweater under
the body of Alma Hye and the other
witnesses stating to the contrary he
stated that the witnesses had testified
= to more at the trial than they knew al
!, the preliminary.
He reviewed the testimony of DR.
Blake, to whom he referred as disin
: terested party, although appearing TO
tht state and that Dr. Blake had faile,
" to perceive or discover many, Of tn
:. things later alleged to have been dis
! covered and he indicated that tn
n clothing had been burned by someon
= following the preliminary hearing
y And he argued that DIR. Blake had in
- vestigated the stove and failed to fin
- the things later found in the stove
r. He ridiculed the testimony of Mr.
= Painter, Mrs. Bell and Mrs. McDonal
- and stated that they all had testifie
a that the chunk of flesh which the
,s stated was gone from the corner c
!. Alma g mouth was about the size of
% grain of wheat or some other grail
or and that the other piece gone from I'll
ia lip was about the size of their fling,
ar nail. He also referred to Mrs. Pail
IN stand and referred to the fact thu
in while she was attending the body
We Alma in preparing it for budial, al
ve when she stepped across it to go I'M
M the bed room, and later at the graz
q. when she watched the doctors conduc
,le ing the investigation that she ey
,;s denced no emotion.
He referred to the testimony as
)r. powder burns ON the body of Ain
he Hye, to which the three women testi1
ed ed to was unreasonable in view of Il
nd powder burns on the vest which was
lie evidence.
re, He argued that the only thing Il
nd state had relied upon and upon whi'
ny they hoped for a verdict was the stat
re ment that they did not believe Hye
lie story, and then he mentioned tn
as Judge Ailshie, one of the most alb
he lawyers in the northwest was unable
re shake his story in a single respect du
N ing the cross examination.
lis He endeavored to establish in
id argument that the indications we
ed that some one had entered the hou
to after the killing and had disturb,
Id things and stated that the fact that Il
house was guarded would not prove
nd someone entering as Thomas Hye h,
hit demonstrated in the presence of sever
ng witnesses that he could enter witho
1t. being discovered.
lg. This briefly covers some of the ma
lis points considered by Judge Scales
tel his argument which lasted about /;