Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1915-03-04
DEFENDANT ON STAND
REc|TEs CRUESOME TALE
Confined from page -

e,
he never got $40 from her but that
Mrs. Painter left $40 with his wife
when he was away and that he had
paid it back.
He stated that Mrs. Hye objected t,
having children and that precautions
were taken to prevent conception and
that the baby was born by reas,I of
caelessness. He stated that he want
ed children and desired two. Defen-
dant denied ever having tried to per-
form criminal operation on his wife
at any time with her consent or other
wise, and stated that he did not knew
how to use any of the instruments
placed in evidence and did not know
that they were in the house.
He testified that during their married
life their domestic relations had been
congenial and that they always got
along fine, and that she was effection-
ate towards him and he towards her
That he wrote to his wife every day he
was away from home and after he took
the stage business, and that he always
wrote on typewriter when he could
get one. He said Mrs. Hye wrote him
once week and that they talkei a
great deal over the phone.
With reference to the wills which
were placed in evidence he stated that
they had talked the matter of making
L L
their property to the one who surviv-
ed and that in accordance with this
agreement they both executed wills
and that he signed his in Lish Wat
son IS store and that he gave it to her
and requested that her will and his be
put in G.. L. L. Basket IS safe. He ex
planned an erasure of the name of a
witness in his will stating that he had
typewritten both the Wills at Sites,
and that in his. win he had written in
the name of one Harrison as witness
and that his wife objected to this man
signing the will as witness and sug
gested that he get Hugh Kennedy to
witness the will which he states HI did.
hence the erasure. He said that this
did not cause him to suspect his wife
of infidelity.
First Suspicion of Infidelity.
Witness testified that the first time
that he had cause to suspect his wife
Of being unfaithful was on the 9th day
Of September, 1914, and he detailed a
conversation which took place between
him and his wife when defendant was
taking a bath and he mentioned cir
cumstances during the conversation
which brought out the name of Hugh
Kennedy, and he stated that he accus-
ed his wife then. Witness was direct
ed to speak in a low tone of voice when
he was telling of this circumstance, this
being suggested by his attorney Judge
Scales, and the witness spoke so low
that the entire jury nor the attorneys
were unable to hear him and the court
requested on demand of the attorneys
for the state that the witnesses speak
up. He stated that he told his wife
then that if there was anything be-
tween her and Kennedy that he would
step out, and that she denied any re-
lations between herself and Hugh
Kennedy. He stated that he warned
her to keep Hugh Kennedy away.
He further stated that he went to
Sites the following day and that Hugh
Kennedy was driving the stage as fan
as Newsome and that he had a ron
versation with Kennedy and in the
course of the conversation warned
Hugh that he should not go near his
home. He stated that Hugh expressed
himself as to unfaithful women pretty
strongly. Witness stated that he fur
ther warned Kennedy before he left
Newsome to go to Sites to keep away
from his home in Elk City and no
go near it.
Went Back to Elk on 18th.
The defendant next told of making
trip back to Elk City about the 15tl
of September, arriving in the after
noon and that he rode to the furthe
corner OF the fancn, uhsaGuieu NJ
horse, left his saddle in the brush an
watched the house. He said he stai'
out until about IL O'Clock that nigh
and that he then went to the house
not having seen anyone about tn
house but his wife, and that he had n
key and knocked to call his wife t
come and let him in which she did
He then went out in the wood shed t
get wood to build fire to prepar
something to eat and noticed that tn
wood shed door was open which wa
kept locked according to witness, an
he called his wife's attention to thi
and she stated something about havin
forgotten to lock it and he thought