Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1917-02-15
WOULD DROP MUIR.
DER CASE AGAINST
MRS. ROONEY
GRIFFITH PETI-
TIONs COURT FOR DISMISSAL
OF THE Sites CASE.
|FEElS COULD NOT CONVICT
lin Statement Says Mother Not Respon-
sible Mentally at the Time the
Crime was Committed.

A petition was presented the last of
#the week by Prosecutor Griffith to the
Court asking for the dismissal of the
charge of murder against Mrs. Maud
&Rooney, the Sites woman who is being
held for the death of an infant child
#through strangulation. The dismissal
lis asked on the ground that at the pre-
|liminary hearing all the evidence was
brought out that is obtainable and
&through the consultation of physicians
as well as recognized medical authori-
ties he is convinced the woman was
Suffering from mental arrangement at
the time the deed was committed and
THAT under the circumstances no jury
would convict the defendant and the
county would be put to heavy ex-
|pense in prosecuting the case with no
Show of conviction.
The statement filed by the prosecu-
tor with the court is as follows:
Statement of Prosecuting Attorney.
Comes now Edward M. Griffith,
#Prosecuting Attorney of said County
land State, and makes and files this,
his statement, in writing, as his reasons
tor asking that said case be dismissed
Section 1860 of the Revised Statutes
Hof Idaho, provides among other things,
THAT it is the duty of the Prosecuting
attorney to make full investigation of
all facts and circumstances connected
with any case of preliminary examina-
#tion as provided by law, touching the
commission of any offense wherein the
#pffender is committed to Jail or by
zrecognizance is held to bail, and if the
prosecuting Attorney shall determine
81 Pin any such case that an information
ought not be filed he shall make and
tile with the Clerk of the Court his
statement in writing containing his
reasons in fact and in law for not filing
AN information in such case, and such
zstatement shall be filed at and during
the term of the court at which the of
fender shall be held for his offense. 1t
s further provided that if the Court
shall not be satisfied with said state
|%ment that it shall direct the Prosecut
png Attorney to file the proper informa
tion and to bring the cause to trial
section7656 of the Penal Code which
provides that all information shall be
TILED during term time has been amend
ed by Chapter 6S of the Session Laws
#flled at any time after preliminary
examination, but that the provisions of
#eeetlon 1850 where it is the duty of
zRhe Prosecuting Attorney as heretofore
stated, still remains. There has been
IN information filed in this case by my
predecessor in office, which | deem was
little premature, and instead of asking
nat an information not be filed, would
hSk that said case be dismissed, giving
my reasons therefore in writing.
l, therefore submit to the Honorable
adge OF this Court that / have made
all examination of all the facts and
circumstances connected with and dis
iosed on the preliminary examination
laiy held in said cause, and in addition
hereto made it point to attend the
'fehmlnary examination during the
EXAMINATION of some of the most i'm
Portant witnesses.
Inc charge against the defendant be-
hg murder in the first degree, and held
answer said charge to the District
,ourt under 100000 bond, makes it of
ne most serious nature, and one re-
iuirlng most extraordinary condition
warrant prosecutor in asking that
'h - information be not filed
10 lhe layman it would seem most ex-
o'alhafy, and | deem it most neces-
ana proper to go to considerable
T, gth III stating my reason for so doing.
ihe record made at the preliminary
n,ihatlon IS most voluminous, cover
i'V pages of typewriter evidence,
nu from this record and what | have
q oen en apie to learn since this preliminary
~ (, II would seem that every phase
# the case was brought out at the
ae5i!iin.llnary an. and that nothing new or
ps ai'lohal can be secured in the way
a;s s'fehs thening the prosecution should
=. vase be brought to trial.
was necessary from the nature of
na Nc Ease that complete examination be
ae ;so' at the preliminary in order to
iseiose what seems a certainty to
oo1. nihd, that the defendant really
.DA oh the lie of her infant child, or what
S s;5oSat - IT'S death, and taking into con.
staaon a.aelon all the facts and circum-
bf tes tt surrounding the case, the nature
sLo she acts by which the little life was
bnt MI =. mere is no question to my mind
~ snat the defendant at the time the
kneh was committed was laboring under
na an abnormal condition of mind
zpna,AoWn aioWn to Medical Jurisprudence as
S. acoa,i petal insanity as to render her un.
nTopuhtable M for said acts.
the e evidence disclosed the facts that
resnJti4a nlla was killed by strangulation
str;n.ng from the tying of strong
81 OF cords about the little one 4