American Falls press. [volume] (American Falls, Idaho) 1907-1937, 1918-07-23
FIRST DAYS PROCEEDINGS
LOON GOOD TO DEFENSE
Disbarment Cace of o. X. Baum At
tracing Great Interest-First Wit
ness on Stand When Court AdjOurns.


day noon at the opening of the dis
barment proceedings against o. X.
Baum. No case in the history OF the
county has attracted more attention
and the S. r. o. sign will probably be
tSstH all through the trial, which may
be a long one.
Judge Ensign of the Fourth Distrlct
is referee, having been sent in the |
place of Judge Cowan, who is report
ed seriously i'll. Assistant Attorney |
General Pope and Baird & Davis are |
conducting the prosecution. The de-
fense is represented by J. h. peterson
former attorney general and Judge ).
NJ. Stevens of Pocatello; Z. X. Dampler
OF Rupert; T. Bailey Lee OF Burley'
Judge Boutwell, of Twin Falls, W. I.
Stafford and G. w. Bissell of Goodlng,
and r. S. Anderson and c. I. Cotant
of American Falls.
Under the Interpretation OF instruc-
tions by the. supreme court, the re1eree
permitted the widest latitude in the
introduction of evidence. Objection
after objection by the counsel for the
defense, to the introduction OF matter
rot contained in the charges, the de-
failing of conversations with parles
not shown to have any connection with
or TO be acting for the defendant, were
oyerruled, and exceptions taken.
The case opened with an agreement
by counsel to complete the taxing OF
evidence on each of the separate
counts in their regular order so as
TO avoid confusion. This was follow
ed by a demand of the defense to be
served with the affidavits filed in the
case. SO that the defense might know
the character of the evidence they had
tn meet and who the accusers were
II developed in the discussion that the
demands of the defense for such pap
ers had not been complied with. AS
sistant Attorney General Pope TOOK
refuge behind the theory that he was
merely an agent of the supreme court
and acting for it, and the court in its
discretion had given him no instruc-
tions in the matter; that the aftlda-
Wits would be presented in connection
with each charge in its regular order.
The foundation was laid by the defense
for an appeal to the United States su-
preme court on the ground that the
defendant had been denied the right
by the withholding of such informa-
IlOn Tic OPPOAN0AAhJ
meet the accusations.
The first day ended distinctly to the
advantage of the defendant. Ine
charge was one of misapplication OF
money. In substance it was that the
defendant had collected $50 for Pey-
TON Harris from Gottlieb Spies, anc
instead of delivering the same to salc
Harris had turned it over to the Flrs'
National Bank where it had been ap
piled on a note given by ]. M. Harris
deceased. father of Peyton Harris
Pevton Harris, being sworn, testi
fed that the Spies note was given t'
Baum for collection, and that whel
no asked for the money was informed
nv Mr.. Baum that the same had beel
annlied on his fathers note at tn
bank; that he had denied Liability 10
his fathers Indebtedness and mad
freouent demands for the money, Du
without success. Witness told or nav
ing been visited by E. R. Dampier, "
IT Philbrick. NJ. A. Fugate and W, 1
Oliver. all of whom talked with MI
regarding the charges he had mao
against Baum, and asking if there wa
not some mistake. The implicauo
was plain in the direct examination
that efforts had been made by the dc
fense. through the medium of frlend
10 tamper with the witness.
On cross examination this implics
tion fell flat. witness stating that thel
had been no attempt at intimidation
bribery. or the employment OF an
other improper method; that he ha
NOT even been asked to withdraw n
charge. only if there was not SON
mistake. AS court adjourned for II
dav witness was i'll at ease. strugglir
with a faulty memory to recall whetl
or he had received certain lette'
from the defendant relating to u
noatter hut admitted that the subje
matter was familiar to him; that
bad knowledge Of the matters co
tained therein, but could not Sd
,batbar he had or had not receive
such letters: denied having told a
torney Baum, in the presence VI &c y, q
Mckinley, to apply the SoU reSeis'
from Spies on the note OF MS laOn
- tho hank Half a dozen or more
such letters had been read ana nui
her more were in reserve wheh cou
adjourned 1t was clear from
trend of the evidence that the oeleii
is preparing to show that the mon
was applied as Harris had directed,
oraI if not by written evidence. t
dav closed very satisfactorily for I
defense. -. %
At the convening of court at
o'clock this morning a motion
made by counsel for defense Tor
cess to permit counsel to read
offidavits filed in the case, which W
onnosed by Attorney General 70
The court granted a recess until J.
this afternoon.