Evening capital news. (Boise, Idaho) 1901-1927, 1916-12-07

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H. III. Hamilton of Sweet was the
next witness. He said that he was
one OF the parties that searched for st.
Clair after the tragedy
! w. r. Calender of Emmett was the
next witness and he told of his eff
forts 10 find st. Clair after the shoot
ing. He and Marshal Semske, of Pay
ette and u third party were in an auto
mobile when they overlook st. Clair on
the road near Payette, the next eve
! ming after the tragedy. They took St.
Clair'$ revolver from his pocket and
took him to the ellison hotel at Pay
cite.
In answer to a question at that time
st. Clair said his name wa1 Armstrong
that lie was working on smiths ranch
at Sand Creek. Calender identified
state exhibit l, as the revolver taken
from st. Clair. He also identified the
cartridges, market state exhibit ], as
being similar to those in the revolver
when taken from st. Clair. The re-
volver and cartridges were admitted in
evidence.
TELLS OF CAPTURE.
A. Z. Semske was the next witness
and he gave testimony to the same evil
dence as Calender in telling about st.
Glars capture near Payette. On cross
examination Semske said that st. Clair
was identified by Sheriff \ chols of
Gem county. About 20 minutes after
this st. Clair was taken to the ellison
hotel.
Bert Venable, mayor of Payette and
publis her of the Payette Independent,
testified that he had the following
conversation with st. Clair at the Gill
son hotel on September 8, 1916. Ven
able asked, Are you Mr.. st. Clair"
st. Clair answered, Il am" Venable
said, DO you know hat your wife is
dead?P st. ClGi- said. is she dead?"
Il am glad"
Bert Cox of Brownlee, north OF
Sweet told of st. Clair coming to the
Cox ranch to Sc if hi, baby might be
there. This was 10 o'clock of the Morn
ing OF the tragedy. He did not find
the baby at CoX's ranch and so started
on to Sweet and met his wife and
father in law.
STATE RESTS CASE.
The state then rested it's evidence
At Z o'clock last night Judge Fremont
Wood made his opening statement in
behalf of the defendant Judge Wood
said that there were probably two de-
lenses for st. Clair. one is the de-
Tense of insanity, that the defendant
was mentally irresponsible for his act
and the other defense is nothing more
than nanslaughter. Judge Wood said
that The defendant would so on the
stand and give his life's history. He
said he would describe and tell the
jury Of the Quarrels he has had with
his wife but that he has no recollection
of the shooting himself.
Judge Wood told of an alleged no.
tice t hat a committee had posted on
st. Clhir's homestead to the effect that
he had to leave the country under pen
atty Of death. No copy of this notice
is in evidence.
Judge Wood told how St. Clair in
tended to come to Emmett and give
himself up but got over to Payette by
mistake. Judge Wood said that iii
there is doubt as TO his sanity then
st. Clair is entitled to acquittal or if
the jury has any doubt as to man
slaughter st. Clair is entitled to a YER !
diet of manslaughtcr.
SIR. CLAIR FIRST WITNESS.
Nick ST. Clair was the first witness
in his own behalf. He went on the wit
ness stand at 7;15 o'clock Wednesday
night and was kept there two hours
and a half by Judge Wood. His cross
examination will take place this morn
ing. In his testimony ST. Clair de-
tailed his life and his marriage
troubles. It was brought out that he !
had d contract for one and one-half
he
Idaho Northern, near Montour in 1911
and II was there that he got acquaint-
ed with his wife. They were married |
in Sal It Lake in 1912. In August, 1916,
while in Gle Elum, Wash, st. Clair re-
ceived two letters from Mr.. and Mrs
A. Crhikshank of Montour. Both these
letters were offered as evidence by
Judge Wood and were numbered de-
PENDANTS exhibits one and two and
both we're admitted in evidence.
The first letter was read to the jury
and in II the statement was made that
Mrs. 81. Clair called herself Mrs. Jerry
Ross. and it was not known that she
was married to him. The second let
ter gave the information tina. Mrs. ST
Clair was not married to Jerry Ross
but that The report around Montour
was that Jerry koss had given Mrs. St
Clair 500 for Which to get a divorce
from st. Clair.
The purpose of offering these let
ters was to show the frame of mind
that st. Clair was in when he came
from Washington at the time of the
tragedy. In his testimony st. Clair
said that he received a notice early in
August, 1916, that a divorce suit was
filed against him by his wife. St Clair
said that he left Gle Elum Sept. 4, and
reached Boise the night of Sept. T. He
1ireu an automobile for the purpose of
seeing his baby in Gardena and left
Boise at g.; 30 o'clock of the morning of
sept. 8. He first went to ths home of
Willia IN Ross above Gardena to see
mis- baby, His baby was not there and
hen he went to Frank Coxs ranch and
rom there went towards Montour in
ending to go to SkilIing's.
MET FEE IN ROAD.
He met SHILLING nd Mrs. ST Clair
n thh road battVapD Guroat a,J NJ. / .