Evening capital news. (Boise, Idaho) 1901-1927, 1916-10-14
WOMAN WITNESS
AT ARSON TRIAL
Mrs. Jean Smith Testifies to
Statement Made by
Mack Gillum.
Mrs. Jean smith. formerly Jean Tay-

Mrs Jean Smith, formerly Jean Tay-
lor, who lived at the Starting room
ing house, has thus far been the star
witness for the state in the arson
case in district court in which Doc"
j. a. Sheehan and Mack Gillum are
defendants. Called to the stand yes
terday afternoon, Mrs. Smith gave tes-
timony to the effect that she was one
of the girls at the Startling hotel and
that on one occasion after the fire
at the Gillum home, she saw Gillum
at the hotel and stated it was too bad
his house burned, to which she testi-
fed, he replied, 1T was too bad we
did not do a better job" Objection
TO the testimony on behalf of Shee-
han was made. ON the ground that he
was not present and the court instruct
ed the jury as far as Sheehan was
concerned the testimony was not adj
MISSILE.
On cross examination Mrs. Smith
spent a good part of the session today
on the stand. She admitted that she
was the common law wife of Mr..
Smith. that she entered that relation
ship in June, 1914, and had since gone
under the name of Mrs. Smith and
was recognized as such and treated as
Mr.. Smiths wife. Judge Perky, at
torney for Sheehan, then introduced
the copy of testimony given in a case
in which Sheehan had sued Smith and
showed her testimony given by her in
January, 1915. in which she had testi-
fled her name was Jean Taylor. A
heated argument between counsel,
while the jury was excused. was had
over the introduction of this testi-
mony, but it was finally admitted, and
~. 4. ~
ton as to whether she had not testi-
fed then that her name was Taylor,
said she had done so because she was
only known in Boise by that name.
Further questions and answers con-
corning her testimony in the case were
read to her. which she admitted CIV
ing.
QUESTION is ARGUED.
She was next queried as to the time
she and her husband left Boise and
why, and again objections were inter-
posed by the prosecution, Judge Perky
seeking to show that Smith had gotten
in trouble of some kind and had been
ordered to leave the city by the police.
After further argument with the jury
excused, the objection was sustained
on resuming the stand and asked when
pose in leaving. Mrs. Smith straighten-
cd up and said. "Mr. Perky, gentle
men of the jury" Here she was stop
ped by S. L. Upton for the prosecu-
ton, but turning to Mr.. Perky said:
81 left Boise because 1 was tired of
the sporting life and wanted to 60
where i was not known, where l could
do better and live the life of a re-
spected woman and am doing it,"
Her answer was allowed to stand and
she was further questioned as to the
time and details of her statements
with her husband concerning the fire
at the Gillum home. In her testimony
she had testified early in the day that
she had not talked to anyone concern
ing the fire, except her husband, but
later under a severe cross examination,
admitted answering some questions put
to her by the attorneys for the prose-
cution yesterday morning and in maxi
ing the admission, stated she had new
er been in court before and did not
think she should tell unless the states
attorneys asked her.
FIRE CHIEF TESTIFIES.
Fred Lindsay, chief of the Boise fire
department, testified yesterday after
noon that he was at the Gillum home
at 1902 Franklin street on the morn
ing of Nov. IL, 1913, shortly after the
fire broke out and found two separate
fires on the two floors and that they
were in no way connected. He stated
further that he had found kindling and
paper saturated with coal oil in the
house and discovered coal oil leading
from the kitchen into the dining room.
A. j. Hall, adjuster for the Royal
Insurance company. testified to making
a compromise settlement with Gillum
on the $4,000 policy. paying 1920, and
identified the draft by which payment
was made.