The daily star-mirror. (Moscow, Idaho) 1911-1939, 1918-07-19
]. v. BRIGHAM HELD To GRAND
JURY WITH BONDS OF $4,000

: | conversation and what Mr. Brigham
said was in a laughing and joking
: manner He said he had known Mr..
Brigham a long time and had never
, known him to be disloyal. A letter
from the defendant to Mr.. Martin,
county food administrator, in which
he gave list of the flour and other
foodstuffs he had and offered to sell
the surplus to anyone who would pay
for it, was introduced into the evil
dence.
| Judge J.. L. McClear, district at
torney, asked that the defendant be
bound over in heavy bonds. He de-
clared that the government had made
a clear case against Brigham, had
established the fact by two witnesses
that he had made statements against
the government which clearly come
under the espionage act.
William E. Lee, attorney for Brig
ham, made strong plea for his
client. He reviewed the 40 years of
residence in this country; his service
to the state in helping to frame the
constitution and in the senate of the
state where he served four years and
his record as a law-abiding citizen.
He pictured Mr.. Brigham's distress
of mind and body as he worked hard
all day putting in crop when help
was short and scarce, and waiting on
his sick baby at night. He reviewed
the evidence and compared it with
Mr.. Brigham's long record as good
citizen. He showed how his client
or any other farmer might be peeved
by having town people dictate how he
should conduct his, business, and he
asked that his client be not disgraced
or harassed by being bound over to
the federal court and forced to stand
trial on such a charge.
After hearing the testimony and
the arguments of counsel, Judge H. R.
Smith, United States commissioner
who was sitting as a committing
magistrate, held the defendant to the
federal grand jury in November, fix
ing the bonds at $4,000, which were
quickly given. Mr.. Brigham and his
brother, B. Brigham, and Theodore
Roster, signed the bonds. In render
ing his decision Judge Smith, who is
an old-time friend of Mr.. Brigham,
whom he holds in high esteem, held
that there was sufficient evidence to
warrant holding the defendant for in
vestigation by the grand jury. Judge
Smiths findings, condensed, are:
That magistrate is not required to
find that crime has been committed
and that the accuser has committed
it, and that binding over to the grand
jury does not brand man as Grim
inal, but is asking that his guilt be
ascertained by the grand jury and
finally ascertained by the trial jury
who must find that he is guilty be-
yond reasonable doubt. Judge
Smith held that under the present
grave War COIlQltlOllS CilC -PilNllSSSo
of the individual must be made sub
servient to the great needs of the gov
ernment and that the people must
realize that the food administrator
who is working without pay, must be
respected and his orders must be
obeyed. Judge Smiths decision ap-
peals to the better nature and the
higher patriotism of our citizens.
The federal court meets here In No
vember and the grand jury called at
that time will investigate the Brig
ham case. If the jury finds true
bill he will have to stand trial before
a jury in the federal court. The pen
atty may be as much as 10 years i'm
prisonment and $4,000 fine, or both.
Much sympathy for Mr.. Brigham is
expressed by some of his friends who
have known him for many years and
have respected him as friend and
neighbor. Judge Smith has known
him for 80 years and speaks in the
highest terms of him as man.