American Falls press. [volume] (American Falls, Idaho) 1907-1937, 1918-07-26

of Baird & Davis, and one of the pros |
ecuting attorneys in the case. He !
testified that the complaint had been
taken to Aberdeen by himself and W. |
R. Griswold, and shown to Harris and }
by him signed; that Harris had read /
to him. or read himself, or had ex-
planned to him, every one of the eigh
teen charges to which he had made
affidavit: could not say whether he
(Davis) had read or explained the
charges, or whether Griswold had
witness admitted that either himself
or his partner Spencer L. Baird, had
written the complaint.
On cross examination witness de-
MED that he had gathered the evidence
with a view to bringing charges against
Baum; that the fact that W. F. Kercher,
Mrs. Kercher, Hugo Meyerhoffer and
]. T. Watts appeared at his office on
the same day to make affidavits con
cerning the charges was a coinci-
dence; that they had not been sent for
/ by the witness and there was no pur-
pose in getting the affidavits; admit
/ ted filing the charges in the supreme
court, and that w. r. GriswOld was
with him when they were fled dem
led any animus or conspiracy with
others. Said that a number of peO-
pie had talked with him about the
charges, including other attorneys.
who said that the charges ought to be
investigated; declined to say who the
parties were, except Peyton R. Harris,
and court sustained objection TO pres
sing him on this matter; denied that
the collection of affidavits for the
purpose of bringing charges had been
systematically followed up by him
since 1913 or 1914. When asked if
Kercher had voluntarily appeared be-
fore him, how such was possible if
Kercher was in Jail, did not know
The cross examination was a fencing
match between counsel for defense and
the witness, bearing on the charge of
|, the defense that Baird & Davis were
parties to a conspiracy against de-
fendant
NJ. A. Fugate was on the stand for
few minutes answering questions
touching his two conversations with
Peyton r. Harris. He testified that
he had gone to Harris at the request
, of Baum or some of his friends to as
certain whether Harris was going TO
press his charges. and not to influ-
ence his testimony or get the charges
withdrawn. Harris testified that none
of the men who talked to him had
= tried to influence him as to the ma
ture of the testimony, and that no i'm
proper methods had been employed.
At the afternoon session w. F. Ker-
l cher. who was convicted of forgery in
1915 in this county, was on the stand
! and was undergoing a searching cross
I examination when court adjourned
{ Kercher's story in brief was: Tha
5 in 1914 he contracted to sell to o. R
:. Baum a house then building. receiv
u ing $500 in cash and notes for Sl,7OO
= that before the house was completed
he was forced to have money to pa,
Il labor. and could not get same at tn
E bank: that he asked Baum if he cOull
not borrow 5000 from him; Baum SAT-
u YES. to come Monday morning, tha
on Monday morning Baum said h
could let him have only S125, and de
& manded the notes for Sl7O0 as securi
II tv for the S125 that notes were turn
s. ed over, and Baum had refused to pa
IS any more. Some letters written b
e Baum demanding release Of mortgag
/ we're introduced; testified that A.
u Haag. W. G. Bissell and d. W. Davi
e had visited him AT Ontario. That Haa
= and Bissell had endeavored to get hil
L to make an affidavit contrary TO tn
Il affidavit he had made for the prosecJ
" tion: that Haag had said Baum ha
done him wrong. and was ready
Ia make it right: that if he would max
eh the affidavit he would get his money
G and that Haag had offered to give ht
IN an automobile if he would make II
H. affidavit. He made no statemen
ne charging Davis with any improper az
H. ton.
en- He detailed his action at the tim
he quit work on the house about Sc
he tember Is. 1914 and claimed that
rd was afraid of Baum; that when Bau
to came to see him he was i'm the houi
to and sent his wife out to tell Bau
ed that he was not at home; that he heal
n Baum tell his wife he would put hi
en- i'm iail for life If he did not relea
SIS, mortgage given TO secure notes Il
he the property that the same d
n Joe Watts and another came to b
home he saw them coming and h
lat behind the chicken house back OF Z
IRE home. and told his wife to tell Wal
pc, he Mas at Baum's office; that he we
icy to Salt Lake that night; return
sci home after a few days. then went
py Ogden: reason for going he was afra
he of Baum. Came back from Ogden
,lr. few days Baum came TO his hol
)ut with another man and he and Bat
M agreed that Baum owed him abe
uc- $3.50: Baum again demanded relea
Sc Of mortgage and said it would c'
nat him SIS to bring suit; that he woJ
on give him. Kercher. SIS to sign the
7it- lease, and pay balance later, and Il
IN he did release the mortgage but Ba'
W. would never pay any more.
yed On cross examination Kercher Z
mitted that he had been convicted
ing a felony and served term in the pc
one Tertiary; said that he had never be
ngs in Jail before; admitted that he b