Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1915-02-11


him to go to bed. Witness testified
that Marcus then tipped some things
over in the car and started over to the
stove and made more noise when Mel
ton, Smith and he told Joe to go to
bed. That Marcus then called Smith
a vile name and started towards the
bunk in which Smith was sleeping with
the shovel. Siegel stated that Smith
then got out of the bunk and that Mar
Gus backed down towards the other end
of the car and that he got out of bed
and got between the two men, hold
ing Marcus and taking the shovel away
from him and that Joe then broke away
from him and threw his down in the
car. jumping over his body and throw
ing his arm around Smith and that the
shots followed shortly thereafter.
Defendant Put on Stand.
The defendant testified that he was
a bridge carpenter by occupation and
formerly engaged in farming in Mis-
souri, about twelve years ago and has
worked on the Burlington, Santa Fe,
and O.-W. R. & N. railroads before
coming up on the prairie.
With reference to the trouble in the
car he stated that he first heard Joe
Marcus talking outside the car when
he returned from Cottonwood and that
he had gone to sleep and was again
awakened by Marcus coming into the
ear. He then testified as to Marcus
having an alteration with his brother
Barney, and calling him a vile name
and daring his to come out of the
bunk. That the deceased then went
over to the water key and made a
great deal of noise tipping things over
and from there went to the stove and
started to put some coal in the stove
and spilled it on the floor of the ear.
Smith then testified that he, Melton,
and Siegel then told Joe to go to bed
and that Joe answered, saying "come
out of that bunk you and I'll
| fix YOU and that he then came to-
wards the bunk with the shovel. Smith
said that he then got out of the bed
and put on his overalls and shoes and
| that Joe went back towards the other
end of the car and that he went to-
wards him and told him to go to bed.
| Smith next testified that Siegel
came up and stepped between them
and that Sigel got the shovel out OF
Joe IS hand and handed it to him and
he threw it against the side of the
car. That Marcus then knocked Siege
down, stating that he would get him
and that he came up and threw his arm
around the defendants neck and ther
he grabbed the hand which held the
knife but that Marcus jerked his ham
away and that he then reached for his
gun and shot Marcus but he did MOI
know how many times at that time
Smith identified the knife as one h,
had seen in the possession of Marcus
prior to the trouble but stated that b,
| did not know at the time whether i
was the knife Marcus held in his hant
or not.
Smith stated that he got the gun il
Spokane as there was generally con
siderable money in the car and tina
he wanted it for protection in case o
a hold up of the car having heard o
such an event before and that he al
ways slept with the gun under his pill
low.
The defense then rested and afte
a ten minutes recess the argument TO
the state was opened by B. Anger, an
w. N. Scales following for the defens
M. R. Hattabaugh closing the argr
ment for the state. The instruction
were then read to the jury by the cour
: and the jury went the their room abou
five O'Clock.
} Remember the Firemen 3 ball 0