The Nezperce herald. (Nezperce, Idaho) 1900-1957, 1924-04-10

,-.,,minary Hearing m Lewiston
y,nds Acted in Self Defense in
shooting Dick Lyle.

'.hm;tted at an all-day preliminar
sxamination conducted Tuesday in tn
S.+,;ct court room before Probat
Tnaoe C. A.. Woelflen. Rosengrant
wos ordered discharged from custod
~ Judpe Woelflen following the sub
mission of the case.
The first witness for the state
George Baker, disclosed the weakness
81 tbe state 3 case. Baker was ths
star witness for the state, was the
personal friend of Lyle, had been q
ouest at Lyle's home for several days
before the shooting and was with Lyle
and was the only eyewitness to the
shooting.
Mr.. Baker testified he went to the
dance at Captain John creek on the
evening of March with Lyle and
that shortly before daylight, on the
morning of March 9, he and Lyle left
the dance hall to return to Lyle s
home. He said the trail led through
the Rosengrants ranch and passed.
about rs yards above the Rosengrants
residence. He testified that before
reaching the Rosengrants house, Lyle
took his revolver from his holster and
carried it in his hand to point 40
yards beyond the Rosengrants home.
He said Lyle then returned the revol-
yer to its holster and that the trail
led up quite a steep hill. He testi-
fled that when they reached the top
Of the hill, they looked ahead about
rs yards and saw Rosengrants. He
said it was still dusk and as nearly
as he could tell, Rosengrants was ris-
ing from the ground and appeared to
be to the side of the trail. Baker tes-
titled that before leaving the Lyle
house the evening before, he saw Lyle
put on his gun holster and placed the
revolver in the same. He said Lyle
left the gun at the Ollie Bond place
at Captain John creek before going in
to the dance hall but did not see Lyle
get the gun when they were ready to ]
tart home and did not see the gun
lntil Lyle drew it when approaching II
he Rosengrants home.
Baker testified he did not see Lyle Y
lraw the gun when they met Roscn- +
rants and when the two shots were s
ired. He said as they approached b
'osengrants, the latter called: tDon't
ull her Dick, don't pull her, and T
nat the two shots rang out just as +
osengrants finished speaking. He
I'd there was no difference in the y
ports as far as sound was concerned A
ut he believed Rosengrants gun
lowed fire just before Lyle's revol- K
n flashed. He said, however, that E
was standing close by the side of n
Vle and was looking at Rosengrants h,
ID not at Lyle.-Lewiston Tribune. y,
others who testified for the state
IRE: Sam Stone, J. G. Roupe, and q,
amet Earl. For the defense, Noel SO
anden, Union Durant, Chester Row q,
ID, Mr.. and Mrs. Rosengrants testi-
a; the latter two as follows, ac- M
ding to The Tribune's report:
Mrs. Rosengrants testified relative
attending the dance with her hus-
40 and her two children and that m,
lng the evening Lyle came to her be
said he would return some pic ch
es ne had if she would return a DO
belonging to him and which was He
ked up a short time before when thj
fell over bluff Mrs. Rosengrants trs
lined that Lyle told her to send ste
son with the gun and not her hus- ish
q because he intended to get him. be
J. Rosengrants testified relative to
lg nome and that Mr.. RosengraHts
= INTO the house and changed his J
mes before taking care of the fear ba.
'es they had ridden. She said she tur
ADVISED that he drive in the cows yes
milk them as they did not know goo
Time their son would return from fai
dance and when Mr.. Rosengrants Goa
'ed to get the COWS, he asked her N.
. with him as Lyle might be COM 1872
pack but she declined, saying that
would not return until daylight.
SAID her husband then put his gun
Is belt and went after the cows
tne next she learned, the shooting
taken place.
: hosengrants testified that Lyle
endeavored to make trouble be- T
himself and wife and when he que
Lyle at the dance, he asked Lyle Nez
what he had been telling Mrs. tear
lgrants and Lyle denied saying man
ing. Dosengrants then insisted lowi
Lyle go with him into the dance
and tell Mrs. Rosengrants that
ad not said anything about her II
nd and if he had it was not true Apr
1yie had refused to do this and perc
then that Rosengrants took him ises
g wrist and endeavored to force win
'oward the dance hall Rosen- from