The Nezperce herald. (Nezperce, Idaho) 1900-1957, 1921-02-24
CROW GUILTY ON
EMBEzzLEMENT CHARGE.
So Says Jury, and Sentenced Two
to Fourteen Years.-Bowles
Gets Acquittal.--
Court Closes.


The February term of the Lew
is county district court came to
close here Tuesday night, when
the jury brought in verdict of
not guilty in the case of State VS..
Roy Bowles, after a trial on first
degree burglary which had last
ed throughout the day The
term had continued through two
weeks and two. days, the latter
nine days having been devoted
principally to jury cases, the
more important of which were
the one just cited, the action of
the State against Alfred A. Grow,
for embezzlement, and the civil
action Of B. j. Backlund against
NJ. B. Harding for real estate
commission.
The last named case was tried
last Saturday and the jury re-
turned verdict in favor of the
defendant, assessing no damages
against the plaintiff, but requir-
ing him to pay the costs of the
trial. Backlund sued Harding
for a real estate commission of
$1,000, on a sale involving the /.
III. Lowrey ranch near Winches-
ter. Harding answered with u
cross-complaint for $4,000 dam
ages as the result of an injunc-
ton.
The trial of Alfred A. Grow in
the chage of embezzleing $500
from the A. III. Averill Machinery
Co. attracted the widest interest
of any that came on during the
term, and took up all of Mon
day IS session of court. The jury
in this trial reached a verdict of
guilty after being out nearly an
hour. On Tuesday evening Judge
Steele gave Grow and indeterm-
mate sentence of two to fourteen
years in the penitentiary.
A couple of hours were con-
sumed in selecting a jury, when
Prosecuting Attorney Pennell op.
ened the case for the state by
reading the complaint, which al
legged that on or about the 9Th of
last October the defendant, as
agent for the Averill Machinery
Co., collected $500 from VIM.
Eastman, a farmer of this vicin-
ity, as payment on a threshing
machine Mr.. Eastman had pur-
chased from said company, which
5000 the defendant had appropri-
ated to his own use and had not
turned over to the company.
A. S. Fetterman, manager of
the Spokane branch of the Aver
i'll Co., which had employed Mr..
Grow as salesman and collector,
was the principal witness for the
state. and through him it was
brought out that Grow had been
engaged to work in the above ca
pacity for this company on theI
first of last September and con-
tinued in such employment until
December 8, last. Through hisl
evidence and that of w. A. East
man it was shown that Grow did
make the aforesaid collection, of
which there was no denial by any
parties to the action, and Fetter-
man testified that Grow had new
er turned over this particular
item to the company and the COM
pany had not been informed Of
the collection until after Crow
had left its service; that nothing
was said of this collection when
the company had its final settle
ment with Grow on December 3.
Mr.. Grow was the principal
witness in his own behalf and on
being called to the stand by his
attorney, P. w. Mitchell, at the
opening of the defendant s side
of the case, he admitted that he
had collected this money, but I'M
piled that he had been given to
understand he might use money
so collected for personal and
expenses while out on
The road; that there was no writ
zen contract between him and his
his Instructions being
entirely verbal. He stated that
le was making efforts to pay the
.mount back TO the company and
,ther evidence was introduced to
lffirm this.
Both attorneys in the case
made strong pleas to the jury,
nd the fact that Crow has wife
md two little daughters was
made a point that must have had t
IS touching effect with the jury t
S it did with the court room full /
f people who witnessed the trial. 4
Irs. Grow was at her husband's
ide throughout the action.