The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1924-08-07
SLAYER OF FRIEND
PLEADS GUILTY TO
CHARGE OF MURDER
Craters of Moon Killer
Sentenced to Prison
For Crime


of guilty Wednesday evening to the
charge of killing his companion
Fred Kobyluik, in the Craters of the
Moon park, June 80, of this year
and was adjudged guilty of murder
in the second degree and sentenced
by Judge Ralph Adair of the district
court to serve from rs years to life
In the state penitentiary. Latham
will be held in the Bingham county
jail until travelling guard from the
state prison arrives to take him to
Boise.
- Latham's plea was entered at an
evening session. of the district court
held Wednesday evening at o'clock
and besides court officials, attorneys
in the case and newspaper represent
atives, there were only two or three
spectators present at the hearing.
Latham sat alone with his counsel,
none of his relatives or former
friends being present when he re-
ceived his sentence. When the in
formation was read charging him
with murder in the first degree for
the killing of Kobyluik Latham was
advised by Judge Adair of his rights
as to the time allowed under the
law within which to enter his plea.
Standing beside his attorney, Harry
Holden of Idaho Falls, and acting
upon his suggestions Latham inform
ed the court that he would waive
his right to the time allowed by the
statutes and in reply to a question
by the court announced that he was
ready to enter his plea to the charge.
The Judge then asked him whether
he desired to enter plea of guilty
or not guilty and in voice that was
low but apparently mistaken by ner-
vousness, the defendant responded
guilty"
Attorney Scion B. Clark, as spe-
cial counsel for the state, assisting
Prosecuting Attorney Joseph Martin
of Butte county, at this point ad-
dressed the court with reference to
}, the attitude of the prosecution in
regard to the degree of murder of
which the defendant might be found
guilty by the court, stating that the
prosecution had taken into consid-
Grafton the youth of the defendant,
the possibility of a jury being I'M
able to agree upon a verdict of muir
der in the first degree and the ex-
pense incidental to a jury trial. He
indicated to the court that finding |
of guilty of murder in thesecond de-
gree would be satisfactory to the
state and at his suggestion Prose-
cutting Attorney Joseph Martin made
formal recommendation to the court
that the defendant be adjudged gull
ty of murder in the second degree.
Called as the first witness by the
state to give evidence to ascertain
the degree of murder of which the
defendant might be guilty Prosecut-
or Martin related the circumstances
of the defendants confession of his
crime to officers of Butte county.
The confession was made July 2, two
DAYS after the murder and Latham
told the officers he had shot Koby-
luik three times with rs caliber
revolver of foreign make. The writ
ten confession as taken at the time
was not read to the court, the wit
ness merely reciting those facts in
the confession deemed sufficient to
warrant finding of second degree
murder.
The only other witness for the
state was Sheriff r. v. Barnes of
Butte county who told of being a
witness to Latham's confession and
of being led by Latham to the place
where the badly decomposed body
of the victim was found in crevice
in the lavas, at the spot where the
defendant said the shots were fired.
Sheriff Barnes fixed the place of the
killing as being in Butte county.
No evidence was introduced by the
state with regard to the motive given
by Latham for the commission of
the crime and no part of the confess
sion, said to have been made to the
officers by Latham regarding plans
first decided upon in Utah prio- tn
coming to Idaho by which Latham
to get possession of Koby- ,
luik's money and automobile, was
to in the testimony of either .
of the states Witnesses. Nor was ,
the third member Of the party, the
friend of the murdered man, who ac- !
Latham and Kobyluik ;
from Utah to Idaho and remained :
In the car while Latham and Koby-
luik went out into the lavas to the
place where the crime was commit :
ted, placed upon the stand or men, .
toned In the testimony. +
Neither of the states witnesses s
was cross-examined by Attorney Hol- 8
den for the defense. When the state e
concluded its case Mr.. Holden made Il
a very brief plea on behalf of his +
client. No evidence was introduced p
by the defense in mitigation of the s
crime but counsel for Latham called b