Clearwater Republican. [volume] (Orofino, Idaho) 1912-1922, 1916-04-28

cluulng the OroWbeatlng ana Oulld0Z-
ing of every witness of the prosecu-
t!on, James w. Blake went down and
out before Nez Psrce county jury in
the Miller damage case heard in the
District court Monday, Tuesday and
Wednesday of last week. The jury
found for Miller in the sum of 81, 600
and cost, total somewhere near So, 500.
In addition to this Mr.. Blake must
pay his own costs and the fees for
Attorneys Tannahill and Mcdonnell,
bringing the aggregate cost to Blake
to perhaps SIS 600 or more.
Following jurymen signed the ver-
dict for Miller: c. Z. Harberger,
l.. A. Cole, j. o. Vassar, lewiston
Richard Winegardner, A. l.. Hawley,
Culdesac; w. F. Werham, Deep
Creek; c. A. Bramblett, C. w.
Townsend, Lewiston; John Inghram,
Orchards; l.. F. Pennington, Foreman
of the jury.
Attorneys Miles johnson and P. E.
Stookey of Lewiston represented
Miller, and are credited with doing
fine work.
A. L. Thiele, cashier of the Bank
of Oronfio, testifying for Miller, said
he was on the street near the corner
of his bank and saw Blake kicking
Miller as the latter backed down the
Fidelity bank steps.
Attorney Tannahill branded Mr..
Thiele as monumental liar, which
will sound amusing to Orofino citizens
who are acquainted with Mr.. Thiele.
His word is good in Orofino, and evil
IDENTIFY was with the jury.
C. o. Portfors, also testifying for
Miller, said he saw the fight; that he
was near the post office, and saw
Blake kick Miller. Attorney Tan
nahill branded Mr.. Portfors as liar.
And yet c. o. Portfors would be
believed anywhere on earth where he
has ever lived. He is man of
clean, sterling quality, and would not
perjure himself for any man.
"Curley" Wilfolk, young man
who was in the Wurman pool hall at
the time, swore that after the fight
he saw Miller throwing up at the rear
of the pool hall. And according to
Attorney Tannahill this witness was
also a liar.
Robert Cook, who was in the bank
and walked out when Miller entered,
swore he was approaching the Bank
of Orofino when he looked around and
saw Blake kicking Miller, the latter
bacliing down the steps. And, ac-
cording to Attorney Tannahill, Bob
Cook was liar, although he stands
we'll in his home community for
truth and veracity.
The principal witness in the case
was John T. Molloy of Orofno, who,
at the time of the trouble was in the
Fidelity bank, and was director of
the bank. Mr.. Molloy was inside
the bank writing at desk facing the
front door, and Mr.. Strickfadden,
acting as cashier, went out and
brought Miller into the bank, accord
ing to Mr.. Molloy. As soon as Mil
ler began talking with Strickfadden,
who was then behind the cashier s
window, jim Blake came up from the
rear of the bank and turned lose on
Miller, abusing him and calling him
everything known to the cussing cata-
CORY. Molloy said that Miller told
Blake he could not talk that way to
him outside, and that Blake then
walked out into the lobby and started
the assault; that Miller began backing
out of the bank and that Jim Blake
kicked Miller as the latter was going
down the steps.
In his own behalf Blake swore
that Miller did the cursing. wanted to
fight, and started the fight; that he,
Blake was not physically able to
fight; that he had asthma and could
not fight, and that Molloy was not in
the bank. and had not been allowed
in the bank since June q, 1918, while
the fight occurred October Is, 1913,
almost four months later. Strick-
fadden and Blair Hoar both swore
that Molloy was not in the bank dur
ing the fight. But the prosecution,
to substantiate Mr.. Molloy and to
show who was lying, produced copies
of the Orofno Tribune dated January
IA, 1914, and March, 1914, both con-
tanning the official bank statements,
subscribed to before notary publics,
and each attested to by John T. Mol
10y, director of the Fidelity State
bank. In explanation Mr.. Blake,
president of the bank, and defendant,
swore that while he had fired Molloy
out of the Fidelity bank June 81,
1918, that Molloy signed the bank
statements on the street, without
any examination of the bank records
and papers, and had, in fact commit
ted crime, with the knowledge Of
lin Rl.ke nresidept of tho E;del;tv