Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1920-12-31


IN THE DISTRICT COURT OF THE
FOURTH JUDICIAL DISTRICT OF
THE STATE OF THE STATE OF
IDAHO, IN AND FOR THE COUNTY
OF LINCOLN
State of Idaho
Plaintiff
W. Fl. Baugh davit
Defendant
State of Idaho,
lss
County of Lincoln
W. H. BAUGH. being duly sworn.
deposes and says: That he is now and
has been for more than twenty years
last passed a resident of Shoshone
precinct. Lincoln county Idaho: that
he has reason to believe. and does be-
iieve that he cannot have a fair and
impartial trial in said Court in which
said action is brought by reason of
the interest prejudice and bias of the
people OF said county. for the reason
following; that throughout Lincoln
generally that one charged with vio-
lating the prohibitory laws of the
State is guilty irrespective Of the
merits of the case: that such senti-
ment is SO deep seated and we'll
developed that it viii enter into the
consideration Of jury selected in
said county in the abovR entitled
action and win materially effect the
control of the verdict irrespective OF
the facts developed at the trial: that
In addition thereto the question of
vigorous Prosecution of this action
and the question OF the guilt OF in
nocenee OF this defendant became an
fssne ae the general election held
Nov. End. 1920. in which tho present
sheriff Of Lincoln County. Idaho. was
candidate for re- election. that dur
ing said campaign it was repeatedly
proclaimed throughout Lincoln County
by the friends and advocates Of the
said sheriff (who w-sre and are greatly
in the majority n the said county,
that the defendant was guilty of the
crime charged in the information on
file therein; that to defeat sail sheriff
was in effect to license the defendant
D
said statements were calculated to
and did excite the prejudice and bias
IN the minds Of the citizens Ofsaid
county against the defendant and
create a preference of sail sheriff. all
of which now makes it impossible Tor
the defendant to secure a fair and
impartialtrial in said Lincoln County
w. Fl. Baugh.
Subscribed and sworn to ba@ore ne
this goth day Of December A. D. 1920.
Paul s Haddocls Notary
Public for State OF Idaho, Residing at
Shoshone.
A similar affidavit was flied also by
the other two defendants Leeper and
Furcht.
In support Of the affidavits Of the
defendants there were filed by their
attorneys affidavits signed by the
residents of Lincoln county whose
names appear below. The following is
the blank form of affidavit used, each
individual effidavit filing in the name
Of affiant. name of precinct and date
Of affidavit.
IN THE DISTRICT COURT OF THE
FOURTH JUDICIAL DISTRICT OF
THE STATE OF THE STATE OF
IDAHO, IN AND FOR THE COUNTY
OF LINCOLN
State Of Idano
Plaintiff
vs. All
". H. Baugh WI
Defendant
being duly sworn, de-
noses and saws: That ne is "a resident
and citizen of --------------- -------- precinct
lincoln County. Idaho: that he is
with the sentiment in
said precinct concerning the charge
now pending against the defendant
N the above entitled action; that Il
vas claimed by the friends Of the
sheriff of Lincoln county. during the
recent political campaign. that the
defendant was guilty of the crime
charged in this case. that ahiant
,er;lv believes that the defendant
.annot have q fair and impartial trl'i
n Lincoln County by reason OF the
interest. prejudice and bias OF the
,eopIe Of said county
(Signed) -.---..-----.----------------------'
Subscribed and sworn to
,efore me this -..-- day Of December
/, D. 1920.
SaaD Notary Public
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