Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1915-03-11
SENTENCE OF ten YEARS
TO LIFE
CONTINUED from page ~

es for the state and reviewed the cir
cumstances of the blood stains on the
stockings worn by Mrs. Hye, of the
blood on the pillow of the lounge and
the blood on the wall of the room. He
He closed with the statement that in
idaho county the people demanded that
persons guilty of stealing stock or
grain be punished and that the state
asked for a conviction of the defendant
for the killing of his wife at Elk City
on the night of October 4, 1914.
A. s. Hardy for Defense.
Following county prosecutor M. r.
Hattabaugh, Mr. Hardy opened the
argument for the defense and after re-
viewing the actions of the defendant
at the hotel at Elk, after he had come
with the baby and told Mrs. Parr of
the killing, and he mentioned the
highly nervous state of the defendant
and his acts in continually calling the
name of his wife. That Hye had af-
lection for his wife was shown by the
letters introduced in evidence and writ
ten by Hye to Mrs. Hye, Mr.. Hardy
stated, and he pointed to the fact that
the defedant had provided one of the
best furnished homes in Elk City and
that it had been a happy home until
its sanctity had been destroyed by
Kennedy.
Mr.. Hardy reviewed the circum-
stances of the making of the wills by
Hye and his wife. He said Hye owned
about all of the property but at that
it did not amount to much, so that lit
tie Importance could be attached to the
wills. He referred to the abortion
tools found in the Hye home and the
fact the defendat had testified that he
had no knowledge of the use of such
tools. He reviewed the statement of
Mrs. Hye to her mother wherein she
said she was going to leave Hye, At
torney Hardy holding that this was a
corroboration of the testimony Of the
defendant that separation had been
talked of between himself and wife.
Mr. Hardy then took up the story
of Hye relative to his first suspicious
concerning his wife; how Hye had en-
deavored to find out to certainty
whether there were any grounds TO
such suspicious; how he had ridden tt
Elk City in the night, remained bidder
about the place and saw his wife AM
Kennedy ride away together and tn
next day when he asked her about i
over the telephone, she had denied tina
she had been riding with Kennedy. Fl
reviewed the testimony of Kennedy &c
ing to his room in the hotel, of slippin
out later and the manner in which h
approached the Hye home. Mr.. Hard
said when man is caught in con
promising position with another man
wife, there is one of two things TO
him to do; he must either flee or h
must try to bluff it out, ard the latte
course was the one attempted by Ker
nedy. He said Kennedy threatened
"get" Hye and reached for his hi
pocket and Hye had reason to believ
he was going after gun and that Hy
was justified in shooting. He said n
person living had witnessed the tr;
gedy but Hye but it is not reasonabl
to believe that man will destroy HI
own home without reason.
He compared the testimony of ID
Rains to that of DIR. Givens as to til
indications of insanity. He reviewe
the testimony of DR.. Blake, the co
oner, who conducted the inquest an
made a search of the Hye home. II
said DIR. Blake had looked in the stow
had examined the ashes and foun
nothing. He said had the clothin
been burned in the stove, that MOI
buttons would have been found II
reviewed the testimony of Thompson ;
to seeing the red sweater beneath til
body of Mrs. Hye Immediately aft
the shooting and when DR.. Blake Ell
tered the house three days later tn
same sweater was on chair. He sal
had the body of Mrs Hye been dragge
about as would have been necessary
remove the clothing, that there woul
have been more blood on the floor.
Mr.. Hardy suggested the woun
found on the head of Mrs. Hye migl
have been inflicted by her bein
hurled against door jam when she a
tackled Hye at the time of the shootinI
He told of Hye calling the name of h
wife after his arrival at the Parr hot
and said the shooting of Mrs. Hye ws
accidental.
Argument by Judge Scales.
Court adjourned until 200 O'Clock
the afternoon following Mr.. Hardy
argument and the court room was fill
ed to overlooking for an hour befol
Judge Scales opened, the crowd owe