The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1916-06-23
.HARDENBERG IS FOUND
GUILTY OF MURDER
FIRST DECREE

Hardenburg reached an agreement,
finding him guilty of murder in the
first degree. Hardesfburg was SEN
fenced to life imprisonment
This is said to be the first time in
the history of Canyon county when
verdict of murder in the first de-
gree has been found by the jury.
The case was concluded and placed
in the hands of the jury Wednesday
evening at 1890
During the afternoon Hardenburg
occupied the witness stand in his own
behalf. For 80 minutes he gave di-
rect testimony regarding his life and
acts, and for exactly an hour he faced
the searching questions of the prose-
cutting attorneys.
Drink Possible Factor
Attempt was not made to prove
had been heavily addicted to drink
was acknowledged by himself and
carefully corroborated by other testi-
mony for the defense. That the use
of intoxicants over a long period
tended to unbalance the defendants
mind, giving extenuation for the Of
Tense given through not proving in
sanity" was the keynot of Attorney
Van Duyn's plea for his client.
The element of possible self-de-
Tense was injected when the defen-
dent testified that Richardson draw
ing his hand from behind him start
ed forward with a vile epithet on his
lips a moment before the shots were
fired.
No Denial of Shooting
AT no stage of the trial did the de-
tense attempt to deny the shooting.
Nor did the prisoner deny. that he
had, in the sheriff's Office in Cald-
| well, signed the statement to which
the officers testified and which was
placed in evidence, acknowledged that
he shot Richardson. with his own
hands"
Excitement was created at the morn
ing session when Mrs. Richardson,
widow of the man slain and former
wife of Hardenburg, became hyster-
ical at conclusion of her appearance
on the stand.
Defense Starts.
1t was IL rs o'clock when the state
rested in presentation of direct testi-
mony. Counsel for the defense waived
privilege of making an opening state
ment. Instead, the first witness was
called to the stand
| Sam Perry, a witness for the state
on Tuesday, was first called by At
torney Van Duyn. Through this wit
ness the defense sought to show that
Hardenburg had been extremely rest
less and nervous during the last few
days previous to the shooting Mr..
Perry was in position to throw light
upon the defendants actions by rea-
son of the fact that the two men were
employed by the same shepman, east
of this city and slept together.
| That Hardenburg's restlesness
reached a climax on the last evening
he remained at the camp, was Perry S
testimony. On that night, stated the
witness, Hardenburg did not sleep at
all and was continually sitting up in
bed to roll and smoke cigarettes.
Sanity questioned
For the first time directly showing
the intention to inject into the defense
the question of the prisoners sanity,
Van Duyn asked for Perry's opinion
in the matter. Strenuous objections
of Attorney Griffiths and Stone were
in the end overruled. Answering the
question Perry declared: Il don't
think the man was right at all the last
few days he was at camp.
In cross examination of Perry the
fact was brought out that Hardenbure
talked much during his final nervous
ness; he could understand practically
nothing of what was said. On redirect
examination witness said he did dis,
tinguish the name ELLEN seVera
times. This, he stated is the giver
name of Mrs. Richardson, formerly
Hardenburg's wife.
]. P. Wells, rancher who had EN-.
hA f1l
and with whom the latter had WORKED
for his board during part of the win
ter, next testified. He had noticed
acts of the accused man which were
peculiar" he averred. One of these
acts was habit Hardenburg had o
: always turning sharply to look out o
the barn door when thew entered t
begin the milking Another was hi
! marked abstraction while sitting II
the house after working hours.
, Becomes Moody.
Cross-examination of Wells brough
out the fact that it was only afte
/ Hardenburg ceased to receive wage
: and was kept indoors by storm.
weather that his air of abstraction be
came pronounced.
, w. F. Corn, another rancher wh'
) had employed Hardenburg on hi
farm, next took the stand. He ha'
, been witness for the state. His ties
timony was much the same as that o
Wells. The employe often sat longil
deep study. Mr.. Corn stated. Test
, mony of M. w. Corn, father of w. F
r Corn. testified as to relations witt
Hardenburg and observation of hi
! actions.
Addicted to Drink
Through the testimony of Jane
5 Riley, former saloon proprietor II
, Boise, and acquaintance of Harden
burg, the defense forcibly brought on
new phase in its contentious. lhl
t was to the effect that the prisone
y used intoxicants to an extent tina
: might have caused mental aberra
. ton. Riley testified to having see
S Hardeaburg drink; on one occasion h
i observed him drunk.
Questionable Hardenburg drin