The Idaho recorder. [volume] (Salmon City, Idaho) 1886-1927, 1916-10-20
BALLENGEE FOUND
GUILTY OF CRIME
Voluntary Manslaughter Is Verdict
for Shooting Vivian HOvey To
Be Sentenced Saturday.

the murder Of vivian Iloyey in Aug
ust last, the verdict being rendered
after a hearing commencing on Fri.
day morning and endiug Tuesday
night at ii O'Clock. The jury Nas
los ked up 81 hours before agreeing
upon the form OF tie verdict, which
Was voluntary mSnslaughteT Judge
Both Aell Who presided at tie trial,
gave notice that the prisoner would
Ike sentenced next SATURDAY. II VAS
learned that the members nf tne Jury
stood upon the first ballot : for ac-
quittal and four for conviction, tho
latter, however standing for the
highest degree Of Lhe crime
Tie details Of the CT ime as recited
at tire preliminary bearing and al
ready published in The Recorder
we're told by the same witnesses. The
prisoner himself also togk the stand,
telling of the killing In answer Ia
tie questions put to him but vnluu-
te ring only Ia giving tl,e account OF
MS Iine spent IN tie hills after tie
shooting.
The state showed tnat Vivian Ito.
Vey and his younger brother Cecil
we're taking their cattle H. their
range, 1t being necessary Ia pas,
them through an enclosure belonging
tO Balengee at the mouth 0i sage
creek TIE owner uf the place cAme
to meet Cecil at tie gate and told
him that lie could not pass that way
with the stock Then Cecil vent
back to his elder brother and TIE
latter met lialIengee a. the euclus
uie Just what led To tie shooting,
which took Disce Immediately after.
ward, will never be known except as
told 10y the Baliengees, for the yuung
brother Cecil, Who had returned To-
hold the cattle. Was out 0t ear-suu,
Tie lad told ot seeing mis- brother
fall dead Al tire cfacS uf Ballengc =
rifle The sisters and blind brother
Of the prisoner aud John Moore, a
boy we're al the scene. all on their
way 10 Ed Alien cabin Their t-s-
timony did not snow thai Vivian
uad threatened at all but shat he had
attempted o. draw tits rifle from the
saddle and holster Moore MAS harly
mixed up ia his story upon cross ~
aminA,ion hut tne Balleugees agreed
IN their story of the shooting as
tending u prove tnAt tite slayer shot
In self defense The prisoner him.
sell declared Inat vivian had used
toward him a vile epithet, at the
same time atte m ptiag 10 draw his
gun. stOneNaIl warned Tiyian,
stunewail sBid, three times u take
his hand on tie Weapon. StonewalI
declared ne had shot his own weapon
from the hip Tie bullet vent
straight into his yictim's 5 eye IL
Nas sboSn that the weapon carried
on Nivian's saddle Was not loaded
ana that it had not fallen 70 the
ground as IL would have been the
case even II partly Withdrawn from
he holster
Stonewall told % his hiding In tue
| hills AS a part OF his purpose to fnd
his brother James The fugitive. &C
cUfding 10 his oSn account. took
with him his largest rifle aud a sup
ply OF several hundred cartridges as
f II lie intended 10 withstand a Iong
seige. lie took two cans Of condensed
mix but only a small piece Of bread
! TIE trial lawyers IA tie case were
+ former Judge stevens aud e.. r.
Ciuts for tie defens- and County
+ Attorney Ress ana r " WnitrOmt
for the prosecution TIE case va,
pronounced uy thOs- vino heard II
through To be aell fought TIE juFg
sas made up ~ strong, fair-minbed
men, whose integrity cannot D.
/ questioned, while the conduct Of the
trial by Judge Both sell Nas markeo
by training and judicial accumeu il
the administration Of Justice IN hi'
court II j. quite certain that u,
errUTs got by IN the proceedings I.
cause complain, Of the laws della
IN this Case At this there Is eSusi
for feeling Of relief that white III.
ends ~ Justice have not been defeat
ed nor can - got around, the promp
trial and the punishment imp So
may hsve the desired wholesome 40.
siiutary effect intended in the 's~
administration.
TIE BAllengee iuTy ~as made Up q
fDIloNs f. :. Edwards. JT.. Russe
YeaTisu. } y Cooper, } NJ St-els
y. 7 Crews, v. 1. Daniels, Is +
GolIGher, Mac Carson, D. 4 High
". A. Mood ChaS, schultz, VI. l.
Wilmott
The jury Sas discharged from ful
! tber duty on Thursday. Final ac
jour ment will take place In all like
hnOOd Ia day or two.