The daily star-mirror. (Moscow, Idaho) 1911-1939, 1923-12-10
ARGUMENT HEARD
in 7. BOISE CASE
TRIAL OF DAN AND WILLIAM
BOISE OPENS TODAY-TWO
MEN FOUND GUILTY

Argument on the motion to quasi
the information charging Tom Boise
of Lewiston with "corruptly endeav-
oring to obstruct and Impede the due
administration of justice" opened to-
DAVIS session of the United States dis
trict court for the central division
The argument was heard by Judge
Frank S. Dietrich, who announced
that he would rule on the motion not
later than tomorrow morning.
Judge James F. Ailshie, former
Justice of the state supreme court
as: attorney for the defense, contend
ed that the acts alleged in the infor-
nation are insufficient to maintain
the charge of impeding the due ad-
ministration of the law.
Alleged Offer OF $500
The information charges that Tom
Boise offered to pay and did pay
James Rice, special officer in the In
dian service and engaged in prohi-
bition enforcement, $500 to work in
behalf of William and Dan Boise,
charged with violations of the nation
al prohibition act, by misinforming ng
the United States district attorney as
to the standing Of prospective term
Jurors on enforcement of the national
prohibition act.
JuORG AlSulc lOl Lie OClShOdht VI
ed that the motion to quash be ac-
cepted in that Rice, was not an officer
of the court in the judicial sense,
that the facts alleged are not con-
tempIated by the statute, and that the
case has not been brought within the
purvieW of the statute covering the
alleged offense.
Case ON Trial Involved
John H. McEvers, assistant United
States. district attorney, in defense of
the information pointed out the gov
ernment is entitled to determine in
fair and legitimate way the standing
OF juror and that an endeavor by
Tom Boise had been made to give the
defendants, Dan and William Boise.
six preemptory challenges instead of
three, thereby taking away from the
government its lawful right. Mr..
McElyers pointed out that Mr.. Rice
was relied upon by the government
counsel to report on the standing of
jurors and that Tom Boise had cor :.
rupt1y endeavored to impede the dug
administration of justice by trying
to get Mr.. Rice to misinform the dis
trict attorney as to the standing of
men called for jury duty on the en-
forcement of prohibition.
The impanelling of the jury in the
case against Dan and William Boise,
Lewiston, charged, with possession
and sale of liquor in eight counts and
with maintaining nuisance at 627
Main street in Lewiston, occupied
practically all of the morning session.
The trial of the case will probably
occupy the rest of the day and may
continue until tomorrow noon.
To Finish Thursday
The fall term of the United States
district court for the central division,
in session here since last Monday,
will probably close Thursday, accord
ing to court officials today. The case
against Ruth Hazelton OF Weippe on
the liquor charges, will be tried to-
morrow.
The case against Willis Fields of
Juliaetta, charged with possession and
sale of liquor and maintenance of a !
nuisance, will be tried Tuesday. The
jury failed to reach an agreement in
this case in the first trial Thursday |
and was discharged.
Two Men Found Guilty
A sealed verdict in the case OF J. A. /
Bowman and Wade Emick, both of |
Cottonwood. was returned Sunday
morning at 10 o'clock. Bowman was
found guilty of possession of liquor
and with maintaining nuisance.
Emick was found guilty of possession
OF property designed for manufacture
and with maintaining a nuisance. The
jury was unable to agree on the
counts Of liquor possession and man
ufacture in regard to Emick.
Mrs. Jennie Baker OF Newport,
found guilty Saturday by jury on
six counts of possession, sale and
nuisance, was sentenced Saturday to
Imprisonment for. six months in the (
Bonner county jail and fined $780,
George Tervooren Of Lewiston en- :
tered pleas of guilty to possession of :
beer and possession of property de- :
signed for the manufacture of beer !,
Saturday. Charges against Mrs. Ter
vOOren were dismissed Judge Diet :
rich fined Tervooren $500.