The daily star-mirror. (Moscow, Idaho) 1911-1939, 1917-01-10
CHARGE AGAINST
WAGNER REDUCED
JURY FINDS HOODOO MAN GUILTY
OF SIMPLE ASSAULT AND REC
OMMENDS MERCY
Original Charge Was Assault With In
tent to Commit Murder Grew
Out of Alteration


the jury in the case of State VI
Charles c. Wagner, charged with as
Sault upon the person of R. H. Du
with intent to kill, brought in a ver
dict at 10 o'clock this morning re
ducing the charge to simple assault
and finding the defendant guilty, wit
a recommendation to Judge Steele tha
clemency be shown in setting the sen
teree, the maximum of which may b.
county Jail.
Under Judge Steele's instructions
two ether verdicts, beside verdic
of not guilty, were possible: assault
with intent to kill, the charge in the
information, with a penalty of from
one to IA years in the penitentiary
and assault with a deadly weapon
carrying maximum penalty of tive
years in the penitentiary or fine not
exceeding $4,000.
The case had it's origin. in an al
tercation in which the defendant and
the prosecuting witness, both of whom
have been neighbors for IA years in
the Hoodoo district, north of Harvard,
engaged on the morning of May Is,
when Wagner went to Duff's cabin,
according to his testimony, to ask
Inf 10 ho1 "a
which Duff and John English, another
neighbor, had driven the day before.
Wagner claimed that his errand was
particularly to get bull which had
been with the cattle, and he explained
the presence of the guns which were
on display during trial, by saying he
had taken them with him for the pur-
pose Of killing. the animal should he
be unable to bring 1t back with him
He declared that after he had started
a Winchester rifle-with which, it is al
legged in the information, he shot at
Duff later-for the purpose of killing
the bull should he be unable to get
close enough to use the revolver.
With these arms In his possession
he went to Duff's cabin, where the al
tercation took place. Testimony on
the details Of the fight which occurred
when Duff attempted to drive Wag-
ner from the cabin after refusing to
accompany him after the cattle, is con-
ficting, but both men agree that there
was a struggle during which Wagner
beat Duff over the head with the re-
volver. Duff declared ON the stand
that after the fight Wagner forced
him to accompany him, saying that he
.WagneI-would take him up to
Charles Groves and kill both him and
Graves. Wagner says on this point
hat he wanted Duff to accompany him
o the home of Charles Graves, so that
he story which might get out con-
,erning the fight might not be exag-
serated to his dishonor.
Duff testified that on the way down |
he road to Graves home. Wagner /
,assed some of his cattle and told |
hem goodbye, and that he said to |
hem that he knew he would never |
zee them again because what he was
bout to do would be hanging for me-"
Iere again Wagner offers conflicting {
estimony He says what he said
vhen he passed the cattle was, Look
t those cattle; they appreciate kind
reatment land that is more than you
o.
Duff was bleeding profusely from
is wounds while they were parrying.
e says, and became very weak. At
end in the road, Duff threw a twenty
wo calibre rifle, which he says he had
cen compelled to bring along, but
-hich Wagner says he took from
uff's cabin after the fight, into Wag-
er's face and fed, according to one
sory. J.
Later, after he had made some dis
nee, Duff declares Wagner began to
re the Winchester at him. Wagner
lys that when the shots were fired,
2 was already on his way back home,
sciding to let Duff tell any story he
,red to to Graves, and that he was
Iamining the firearm with which he
as unfamiliar, to see whether it was
AIDED or not. He says that through
S inexperience at handling the wea-
IN it was discharged three times, but
at it was not pointed at Duff. This