Mountain Home Republican. [volume] (Mountain Home, Idaho) 1915-1946, 1916-12-09
CHARGED JURY
WAS INFLUENCED
PETITION CIRCULATED AMONG
JuRYMEN EFFECTS CASE
IN COURT
MAY BE CONTEMPT
WINTERS AND LYNCH ORDERED
TO CUSTODY OF SHERIFF
STEVENS

A sensation was sprung In district
court Monday afternoon by the at.
torneys for the defense in the trial
OF W. b. Montgomery tor trespass-
Ing on cattle range, when they intro.
due d ln evidence petition aligned
by certain of the members OF the
jury. who had already been passed
for cause by the attorneys for the
prosecution.
The petition was produced by X. /.
Perky, one OF the attorneys for the
defense, and submitted after one of
the jurors had stated that he enter.
tanned no prejudice against the de-
Iendant and could give a fair and Inn
partial verdict.
The jury was retired from the court
room and the men who had circulated
the petition were called In for ex-
animation. Thomas h. Lynch OF
Little Camas testified that he had
presented the document to the vari.
GUS slgners, having solicited the
signatures While on a trip around
the county with Archie Winters, who
Was buying hides and furs TOR the
t.rm OF which he Is a member.
Lynch's story of the petition was
thai he had conceived the idea that
the prose cutting attorney needed to
know the state OF public opinion In
the county, that there was a ruanor
current that the case was to be post
poned If possible, and the defense
attorneys would make fight for
postponement, and that petition urg
ing Mr.. Mclaughlin to resist this
move, would forward the case OF the
caitlemen. He stated in reply to
questions that he was the owner of
two cattle that ranged on the public
domain and that he considered the
cause his cause; that he
presented the petition to anyone he
happened to meet whom he believed
10 be on his side; that he conceived
.he idea himself OF circulating the
petition and wrote it himself in long
land, after which he came to Noun
ain Home and had 1t copied on the
IN the law office OF l.. B.
ire H. The petition was not circu.
ated immG diately after it was written
md copied bat that about three weeks
ater, on the 23rd OF November, he
went with Archie Winter on a trip
over the county and at that time ha
secured the signatures. Mr.. Lynch
stated that lie arrived In Mountain
Home from the trip, intending TO pre-
mt his petition to the prosecuting
LhoIney, but before he had called
It the attorneys office he lost the
document He did not tell the prose.
utor about the lost paper mad in fact
I'D not make his generally public.
Mr. Wintc rs testified as to his trip
fter hides and to having taken Mr.
lynch with him He stated that he
Id not get paid for the trip and did
ot expect to-
After the witnesses had been ex-
mind E. NJ Wolfe assisting the
Ounty attorney In the prosecution,
halIenecd the entire panel of jury
len ON the ground Of gross and
iaing irreularity in their selection
nd XII Perky of the defense re-
ist the motion in an argument In
'hich he stated that the statutes
rovded for challenging the panel
My for certain we'll defined causes
nd before the examination of jurors
and that this was not on
f those causes. The debate became
eated at times between tn rival at
,rneys.
At the conclusion of the argument
le Court announced that he was In
ined to quash the panel and that
> would consult the attorneys In
lambers before making his decision.
t this point the Court instructed the
Iariff TO take Lynch and Winters
TO custody and that he would later
It a time for their hearing on
arge of contempt.
After a conference with the attor-
VS. for both sides, including Dan
cLaughlin, Il. NJ. Wolfe and William
ealey for the prosecution and X. ].
'rky, d. e. Brinck and L. B. Green
: the defense, the court called In
g jury and dismissed them for the
m instructing them that they