American Falls press. [volume] (American Falls, Idaho) 1907-1937, 1918-07-26
VOLUME XVIII.
PROCEEDINGS
GROWING IN INTEREST
Public Opinion Records Its Verdict as
Witnesses Change From POsitiveness
to Doubt and FOrgetfulness-FOurth
of Charges Now Being Heard.


was designated by the supreme court
TO hear the charges, the personal in
tegrity and professional honor of 0.
r. Baum are undergoing a searching |
investigation In due time, verdict /
will be rendered in accordance with |
the facts brought out. The referees |
court, however, is not the only court |
that is sitting in judgment. The court |
of public opinion is reviewing the case |
and is passing judgment as the case /
develops AS witnesses change from |
positiveness to doubt and forgetfulness, |
the court of public opinion renders its |
verdict There is no delay, and there
is no favoTitism; it is an honest court, |
and one predisposed to pass upon the
evidence without making hair-splitting
determinations, or becoming entangl-
ed in legal meshes; court which IS
able to pass upon the creditability OF
witnesses by reason of association and
knowledge of whether they are free
from prejudice or animosity, or wheth-
er they are in a measure likely to be
guided by such or by social or business
relationships.
The court of public opinion does not
countenance quibbling nor evasion; it
does not repose confidence in an un-
certain memory. 1t countenances no
appearance of insincerity. It rules
out testimony. discredits witnesses,
strikes from the record, sustains and
overrules objections to the evidence
introduced. 1t tries the Witnesses,
the attorneys, and the court itself
places them all on a plane of equality;
and no court decision can change its
autocratic verdict, either add to or
detract from. Its decisions are not
subject to review.
Four of the eighteen charges in the
complaint against o. R. Baum have
been heard by this court of public
opinion the verdict has been rendered
and will not be changed. So far as the
public is concerned, further evidence
in these cases is not required. Eyasive-
ness, forgetfulness, sudden lapses of
memory, contradictory statements, are
fatal. They can not be bolstered up,
They write failure and defeat for those
who use them.
1t is regrettable that all the people
OF the county can not hear the evidence
as it develops, and satisfy themselves
beyond the power of any court of re-
view to satisfy them.
Referee Ensign in a spirit OF liber-
ality and fairness, is permitting the
widest range in the introduction OF
evidence, so that the facts may be dis
closed and a just decision reached. lie
wants the supreme court. whose agent
he is. to have everything that will be
a guide to them, whether strict rules
OF practise would admit them or not
The second day of the disbarmeni
proceedings brought several interest
ing developments. They began when
attorneys for the defense asked fol
a recess to give them time to examine
the complaint hled in the case. il hav
irg been served on the defense gus
prior to the croring of court. a re
cess was taken until 1880 p. m.
When court reconvened Pey.On R
Harris, who swore to the complain
which is the basis of the proceedings
was recalled to the stand. lie wa
asked specifically as to his knowledg'
of the charges set forth in the com
plant. and testified that of sixteen o
the eighteen counts contained there
in he had no knowledge now, neve
had had, and if his signature was at
tached to the complaint il was obtain
ed by reason of a misapprehensiOn, b.
fraud or connivance. On redirect eX
animation he maintained that he ha
never seen but two of the eightee
charges. had never investigated rec
ords. made inquiries of persons
possession of the facts as set fOrtl
as stated in the complaint; that h
knew nothing about them whateve
and did not knowingly sign any sue
charges.
Counsel for defense moved that tn
proceedings be halted and the recor
submitted to the supreme court
await the direction of the court as
whether the case should be proceede
with or not Counsel for defense cor
tended that as the complaint had bee
discredited by the complaining witnes
The whole case fell to the ground. I'll
motion was denied and exception el
tered,
Just prior to this it developed tn
the original papers in the case we
not in court. Attorney General Pop
when the defense announced that thu
had a motion to make if the cOuns
for the prosecution would say the col
of the complaint was the same as Il
original filed with the court n
Pope said he presumed they were. b
he had never seen the original cor
plaint nor affidavits. Their produ
tion was then demanded by the defen'
Counsel for the defense charged tn
the defendant is the victim of co
spiracy and the questioning of W
nesses foreshadowed an attempt to il
plicate Spencer L. Baird and Ben
Davis as central figures in the alleg
conspiracy.
Alleged conspiracy and tamperl
with witnesses were the features go
into in the disbarment proceedin
against o. R. Baum Wednesday b
W. Davis was put on the stand by
2 prosecution to contrOvert the tes
mony of Peyton R. Harris, the co