Evening capital news. (Boise, Idaho) 1901-1927, 1917-11-19
Jury Excused While Cues
ton Of Its Admission Is
Argued Before the Court
at Weiser.
No Objection by the Defense
Forgery Admitted but
Defendant Says Killing of
Cavanagh Was Purely
Accidental.
Capital News Special serviceo

Ruth Tor the murder Of Tom Cavanagh
centered today upon the so -called con-
1ession OF Ruth which was made to L.
>. May. the international Secret Ser
vice detective on May 26. Prosecuting
Attorney Harrison McAdams asked
that the jury be excused from the court
room during the consideration of the
admission of the confession as evil
dence. McAdams read the statement
of Ruth in which he admitted the
carrying of Tom Cavanaugh, but they
called it nm accident It was commended
by the state that this was not a con-
fession but an admission and there
fore not confession of guilt. It's
voluntary character he said, need not
be, established. Many authorities
were cited. Attorney Nichols of Baker
City. who is conducting the defense,
wished to have this statement given
to the jury. Sheriff Walker was the
only witness examined this morning
and he testified that no extortion was
used in securing the confession.
STATEMENT BY RUTH.
| Following Is the statement by
Ruth: "On March II I went to Cav
anagh's place, starting from the OK
man ranch where l was working. about
o'clock In the evening and arriving
at the Cavarayh place about IL O'Clock
at night. Tom was not at home so !
waited for him, sleeping there that
night. He came about 10 o'clock the
next morning. We talked about the
money that he owed me. We then
went into the house to have dinner
about l o'clock. was going to &c
and started to take the shells out OF
my 25-35 rifle that l had borrowed
from Tom and returned to him. Ton
was standing between the table and
the stove with his back to me.
thought that / had taken out all the
Ashells out of the gun but I guess
didn't. The gun went off, the bullet
| striking Tom in the back of the head
and coming out of his right eye.
didn't know what to do.
Il wrapped the body up In a WOO
sack that he had over his bed and pu
it up in the attic of the one room los
house, back as far as l could. I thei
went to Cambridge where I forged tn,
two checks on Tom, one for SITS AMI
the other for $3.50. I deposited tn,
money in the Peoples Bank of Cam
bridge and rode my horse to Weise
where l met Harry Pickens. told hin
that l wanted him to help me TAX,
some cattle of Maxwells' back t,
Brownlee, Ore. / also told him that
expected to meet Tom in weiser. as
was going to lease his ranch. did thi
to make him think Tom was aliv,
should he be suspicious
WRAPPED THE BODY.
al
! of March went up to the Cavanagl
cabin and cleaned up some blood tina
, had seen in the afternoon. Tha
night I left the Oxman ranch abou
10 and went back to Toms cabin an,
raised him with lariat around tn
, wool sack then put a tarpolial
/ around him and bound him Tight
with another rope. took his saddl
I horse and dashed his body to hi
saddle on his horse and came dow
Lone Pine creek and then over int
Gray creek and then down to Brown
lee creek. I followed Brownlee cree
up to where I took the body on m
fathers place. covered it wit
brush. l was arrested a short tim
after on a forgery charge. I made
, statement at this time that I knew
nothing of the murder and did no
forge the checks. I was bound to. dis
trict court and released on $500 bond
and went back home. 1 then decide
that would say that had found tn
body and informed Mr.. Hoolihan wher
lit was. I intended to throw the blam
on Jim Elliott and have him sent u
II could. I denied the forgery unit
confessed to Mr.. May in the presenc
OF Sheriff on May 20. These were tn
, two checks that forged In Cambridge
! do not know how his skull wa
crushed unless 1t was when he fell o.
, the stove. am voluntarily maxim
: this statement as I told Mr.. May thi
, morning that would make a complet
4 land truthful statement and this 10 tn
. statement that I am making withou
! any threats of any kind and withou
any offer OF reward. have bee
promised no reward and am volun
tarily making this statement and hav
;~%o 20 ftyv1o~