The Western news. [volume] (Libby, Mont.) 1933-current, 1935-01-24

toiiiss Mdlslldli murray 10 DISMISS the
case.
II viii be remembered that this case
grew out of the shooting and killing of
Morey by Scozzari last fall, the two
men being on hunting trip. Scozzari
claimed that Morey threatened to kill
him and that he (Scozzari) shot in
self defense. There was no one present
except the two men. Scozzari has been
in the county Jail since Immediately
after the shooting.
Considerable suspicion has ATTENDED
the affair. Rumors are to the effect
that Morey was jealous of Scozzari and
had threatened to kill him, and other
complications attended the case. In
submitting his motion to dismiss
County Attorney Murray filed sworn
statement which recited, in part, the
following:
THAT, upon assuming the duties of
his said office, affiant made careful
study of the files in said action and also
of the files of the inquest held over
the body of August Morey. the person
whom the said defendant is charged by
said information of killing that after
examining and studying the said files
and the transcript of the testimony
taken at the coroner's inquest affiant
made an investigation of the alleged
offepse and personally interviewed wit
nesses at the towns of Rexford and
Eureka, Montana; that as result Of
the said examination Of files and in
terviewing of witnesses affiant is in
formed and believes and therefore
AYERS that it will be impossible In said
action for the plaintiff to produce suf-
ficient testimony to prove the commits
sion of a crime. and affiant further be-
lieves and therefore AYERS that suffici-
ent testimony could not be produced
by the plaintiff in said action to secure
a conviction;
THAT no direct testimony could be
produced blythe State in said action
as to motive or intent; that all of such
testimony would be circumstantial and
would consist in the final analysis Of
conjectures, suspicious and probabili-
ties, that the court in the trial of said
action would properly instruct the jury
that, In order to sustain a conviction Of
circumstantial evidence, all the circum-
stances proved must be consistent with
each other, and with the hypothesis Of
the defendants guilt, and at the same
time inconsistent with any other
rational hypothesis that the court
would further properly instruct the
jury in the trial Of such action That
defendant may not be convicted on
coniectures. however shrewd, on sus-
picions however justified, on probabili-
ties, however strong. but only upon
evidence which establishes guilt beyond
a reasonable doubt. that is, upon proof
such as to logically compel the con-
viction that the charge is true;' and
that it is impossible, in She opinion of
affiant, for the plaintiff in said action
to produce testimony sufficient to with
stand either or both of the said in
structions.
| Other business transacted was the
granting of decree of foreclosure and
sale to Amzel Templin against Herman
and Frances Oldenburg
The estate of Mary M. Spencer was
closed Blackboard & Blackboard attor-
news for Helen I. Blew, administrative
A demurrer was argued in the case OF
Effie M Weller as administrative VS.
Harry Bolyard, Oscar Miller and Ed
4 Samm. The matter was taken under
advisement by the court. The demur-
rer sought opening of judgment pre-
yiously secured by the defendants
against the Tip Top Mines property
William Herbert was attorney for the
plaintiff and Blackford & Blackforc
for the defendants.