American Falls press. [volume] (American Falls, Idaho) 1907-1937, 1918-08-02
SLUMP IN INTEREST
IN DISBARMENT CASE
Prosecution Rests, and Defense Be-
gins Introducing TestimOny-De-
tense Finishes Nine OF the Eighteen
Counts.

Interest in the Baum 0lSDdInenl case
has rapidly waned since the prosecu-
tion finished its case, largely for the
reason that those who had been in at
tendance had preceded the more slow
moving legal processes in reaching a
decision. There have been some in
teresting clashes between counsel that
have livened matters, the dull moments
have been many.
An interesting scene resulted Thus
day afternoon just at adjournment.
Baum. charged with collecting and
failing to account for s265 in the Kuhn
charge, had been on the stand and
was being cross-examined by B. W.
Davis. Baum stated that he was pres
ent when Kuhn and Commons ad-
iusted their differences, saw the
checks delivered to them, and pre-
sented for payment. He said that
there were present beside himself
Robert Commons, ]. c. Kuhn, Chest
er Greene and Jay Gibson.
Ben W. Davis asked: rs it not
fact that was presents"
Baum said no.
and was not the money paid TO
me-" Davis asked.
Baum again answered no.
Quite a controversy arose between
them. Davis trying by questions TO
get Baum to admit that Davis was
present and received the money, and
Baum stoutly denying that this was
true.
When Baum left the stand counsel
for the defense called Attorney Davis
to the stand.
E. R. Dampier, leading counsel for
the defense, asked Davis if it was a
fact that he was present and the mon
ey was paid to him instead of to Kuhn
or anyone else.
Davis answered that he received
something like s169, and the balance
was applied on a Kuhn note. Pres
sing him to be sure about this. Davis
again asserted positively that he was
present and received the money.
Then why did you represent to the
supreme court that o. R. Baum re-
ceived this money" Dampier thunder
ed, when you knew of your own
knowledge that il was not true?
Things became very interesting at
this point as Dampier denounced the
filing of this charge under the circum-
stances. Court recessed at this point
until 1880.
On reconvening it developed that
the same two checks, on the same day
figured in both transactions. Davis
was paid $169 for Kuhn, as he testi-
fed. but it was after the Commons
Kuhn conference of which Baum tes-
tilted. 1t was. clear. when the matter
was fully explained, that the two
transactions were confused by the
prosecution, and equally clear tha
Baum could not at any time have
had the money he was charged witt
Withholding, and stands completed!
exhonorated of the charge.
Several things of a similar nature
but not so tragic, where two or more
transactions were confused have de
veloped in the hearing.
The highway case wherein 1t wa
charged that Baum kept the highwa.
minute books in his office and there
bv prevented and denied the pubh
the right to inspect the minutes is en-
titled to the BOBBY prize. Testimon,
was that two Strangers. father and son
who had teams working on the high
way. called to inspect the minut
books to see how much they had com
ing: and that the highway commits
sioners of highway district No
when organizing. wished to inspec
the minute book, records and supple:
for the purpose of informing them
selves as TO their requirements in IN
same lines: that Spencer L. Bair'
representing one of the Strangers, cal
ed at the office of the secretary of IN
highway district to inspect the minut
hook. on all of which occasions I'll
same was said to be in the office {
n f. Baum. That the public was II
convenienced thereby and denied th
privilege of inspecting these publ
records. was the plaintiffs case.
The defense admitted that the mil
ME hook was in the office of Baum O
these and other occasions. for II
purpose of having written into the
resolutions dealing with condemnatio
suits and matters of a similar natul
by the defendant. who is attorney Il
the highway district. and were right
there having been brought by Il
secretary al the direction of the hlgl
way commissioners so as to have Il
resolutions written in in legal form
that access to the minutes was n
denied the public by the defendant.
the Stanger instance it developed tn
what Stanger wanted TO see was u
pavrop which was never out of Il
secretary's office. and that the cor
missioners of highway district No.
were merely seeking information whi'
would permit them to supply their oV
needs in the way of records and su
niles and that they were Furnish
such information by the secretary
highway district No. l, and copies
such blanks as were being used
him.
The smith charge was an allegau'
thar Baum collected $3.50 from P.
Link for an attorney named Smith
colorado; that he claimed to ha
compromised for S1O0. and kept s.
- ,5aition ~ regular charges for g