| Show TRIAL OF T E RICKS we published in this issue a comma communication from our blackfoot correspondent which gave some de of the cue case of col thomas E t 1 sf y fc ricks of rexburg Rex burg before judge berry the grand jury appeared in court stated slated they had no business before them and ana asked for discharge in place of complying corn ply ing with this request the court granted a motion ot or the the district attorney for dismissal of an old indictment against mr ricks bicks and sent the jury back to their quarters barters uart ers the result being a fresh indictment dating from january 1st alst 1889 upon this presentment the defendant was forced to immediate trial a request by counsel for time to prepare beina bein peremptorily denied following is an account of the trial including judge berrys barrys charge one of the most unfair that ever emanated from the american bench H M yager being first duly sworn for the prosecution testifies es as follows Q where do you reside A I 1 reside on moody creek Q what county and territory is that in A bingham county idaho defendant now objects to any evidence being introduced under this indictment on OD the grounds that the facts stated in this indictment do not constitute a public offense overrule 1 ii by court defendant takes exceptions Q do you know the defendant A yec ye sir air Q where does he reside A he resides at rexburg Bex Rex burg Q how long has he resided there to your knowledge A I 1 believe for the last five or six years Q do you know his residence at rexburg Bex Rex burg I 1 A I 1 know several houses there known as his residences Q how many residences residency has he there A there are three residences or houses there known as his houses bouses Q are they situated in Bex burg A yes sir air Q how far are they apart A one la Is just opposite the coop co op store and the next that and east and on the 0 nj tee and there th ere is one opposite the tithing office Q do you know whether anybody else resides there any other ricks kicks A I 1 have seen children coming out of there that is half grown boys coming out of the house bouse the house in front of the tithing tithing office and I 1 have seen a lady com coming ng out of that house Q will you please draw a plan of the way these houses are situated A this is the road running run nin east ast and west here is one of the alvig ks houses opposite the coop co op store there is the tb e other house and here is the tithing office and this is the house opposite the tithing office Q how nuch mien land is there in each block A I 1 believe ten acres and there are four lots to the block an and these houses of ricks bicks all stand on corner lots Q do you know which one of these houses has been occupied by the defendant A no sir si r Q do you know whether he be occupies any of them at all have you seen him at any of them a A yes sir air Q at which house have you seen him A I 1 have seen b him i fla at the house in front of the co op store Q have you seen him at any of the other houses A yes sir air in front of the one opposite of the tithing office I 1 donov d on V when that was Q have you seen either of the women residing at either of those houses A yes sir air both in front of the house opposite the tithing office and the one opposite the coop co op 71 store Q do you know the name of the one ii living in in front of the coop co op A yes es a sir r it I 1 t is J jane a ne ricks bicks Q do you know the names of the others oth em A the one opposite the tithing office is called tana ricks Q have either of those women families A the one opposite the tithing office has a daughter Q how about the one opposite the coop co op A she has several boys and one girl that I 1 know of Q what is the name of the woman that lives on the middle block A she is known as ellen ricks bicks Q that is the house in distinction from the one opposite the coop co op and the one opposite the tithing office A the one opposite the coop co op is janes house the one opposite this the tithing office is tanas house and the other is ellens house Q do you know ellen ricks bicks A no sir air I 1 am not personally acquainted aisted with her aw Q do you know whether there is any woman living in that house bouse A I 1 dont know I 1 have only seen a woman at the door Q Is there any family there A yes sir air Q are there any children A yes sir air Q how many A I 1 could not say there are so many of the ricks bicks I 1 could not keep track of them I 1 dont know the one A family from the le other Q how long have you been acquainted quain ted with these three houses bouses A ever since they have been built Q have they been occupied by A these three women since that time A two of them have since they have been built Q which ones are they A the one opposite the coop co op and the one opposite the tithing office Q where have you known the defendant to reside A at rexburg Bex Rex burg Q has he been residing there ever since you hilve have known him A yes sir air he is absent a good deal of the time Q the t two wo women you have mentioned you say have families A yes sir air Q who is known as the husband of aeve two women defendant objects Q who is known as the father of those children e defendant objects as asking for the opinion of the witness and the presumption and assumption of the community Q who is the reputed father of those cb children IldreD in that community objected to by defendant as ue be fore Q who is the reputed father of 1 those children in the community in which they live defendant again r objects ob objection overruled defendant takes exceptions A the defendant thomas E rieke bicks k Q do you know what the age of the youngest child of ellen is A no sir air Q you have not seen it lately A no sir air Q which one of these houses bouses is it jane lived in A the lady known to me as jane rieke bicks used to live ive right opposite the coop co op store Q what I 1 is the name dame of the one residing opposite the tithing office A that Is tana ricks bicks Q and in this house here A ellen rieke bicks Q you say you dont know which particular house bouse the defendant lives in ID A no str air Q you have seen him about two of the houses A chave Q if you were going to find him on business at either of thew these residences to which one would you go defendant objects as immaterial irrelevant and incompetent objection sustained axa examination NATION Q you say all these housos are situated on ten acre blocks A yes sir air I 1 so understand it Q how far is it from the house marked ellens house to the ane marked jane hanew janea a housep house A I 1 dont know the exact distance the two houses stand on two v corners of two blocks V Q N are they yards apart A the me streets are eight rods rode wide I 1 believe Q how do you know these thee names A J I 1 said they were known to me by those names Q do you know the ladies personally so A only from what others told me Q you have never been introduced du ced to them A no sir air Q do you know ellen A no I 1 sir air Q you dont know her name A only from hearsay Q you have heard that there was a woman by the name of ellen living in that house int A yes sir air Q you know nothing of your own knowledge A no sir air only by hearsay Q you spoke about tana do you know her A yes sir air I 1 have been introduced Z to her Q by what name A mrs rieke bicks Q when was that 2 a A I 1 could not say any I 1 had some business in there Q when was it A I 1 think it was about two years ago Q it was not during this year A no sir Q when were you introduced to jaue jane A I 1 have been there frequently I 1 used to be well acquainted wibb with her Q that was before this thia year A yes yep sir air Q you know nothing of these ladies except by hearsay A not about tana I 1 was just merely introduced to her Q where is jane now DOW A I 1 understand she is dead now Q then all the testimony you have div n in regard to these different matters and names is mere hearsay A I 1 know their christian names the same as I 1 know yours by hearing ing people speaking them Q that is 18 all you do know it is repute in that respect A I 1 know it by hearing people call them by that name that is all BB BE examination Q they go by that name A they do Q when did jane rieke ricks die A I 1 think it was in the latter part of june Q were you at the funeral A at no 0 a sir I 1 r Q were you at rexburg at the time she died A no 0 a sir I 1 r samuel swanner being first duly sworn for the prosecution testifies ties as follows Q are you acquainted with the defendant A yes yee sir air Q how long have you known him A I 1 have known him quite a number of years Q where has he resided while you have known him A A portion of the time he be has been in utah and for the rest in this territory Q how long has he been in bex burg A about three or four years Q do you know his residence in rexburg Bex Rex burg A yes sir air Q where is it situated in rex burg if you know A there is more than one Q how are they situated as relates to each other if you know A I 1 can from the coop co op store that faces north there is 18 one house right opposite that and there is one opposite the store east and there is 18 another one a block away Q does that last house lie near any public building A the one furthest north is opposite the tithing office Q supposing tills this to be the coop co op store Is this what you mean by one of the houses A yes sir air that is one Q where would the other be located A this would le be the one a block north from there Q that map kere here then is about correct A yes sir air Q do you know who lives at these houses or who have lived there during the last year defendant objects to any proof of any matteis connected with this case prior to the first day of january 1889 overruled by the court defend ant takes exceptions Q state who they were A there is a lady living in the house east of the coop co op store named ellen Q who W ho lives in the others A the one opposite ate the coop co op north is occupied by jane and the one in the block north of there is occupied cu led by tana 4 Q have these women or either of them a family A yes sir air Q which ones A all three of them have children Q do you know who is recognized or reputed to be the father of those children in mat community defendant objects as immaterial irrelevant and incompetent overruled by the court defendant takes exceptions except ione 46 A yes sir air Q who is it A the defendant rieke bicks Q have yu you ever seen the defendant at either of those residences A yes sir air Q within the last year A yes sir air Q which one A I 1 have seen him at the house of jane rieke ricks Q have you seen him at the other residences A I 1 think not Q at what time was it you saw him at jane rieke bicks house A I 1 have seen h him i m th there ere several times Q do you know ellen rieke bicks well A I 1 know her when I 1 see her 1 Q you know her like you do anybody else A yes yee s sir I 1 r Q has she any family A yes sir air Q do you know the age of her youngest child A no I 1 don dont donit it Q have you ever seen her with any children A yes sir air Q when an I 1 where A I 1 have seen her a number of times a year ago I 1 have not seen her this last season or summer Q where did you see her then A I 1 saw her on her stoop Q do you know whether she hue bra an any younger child II 11 A I 1 dont remember whether I 1 met her more than onoe once I 1 saw her once a year ago last summer carrying a lit tie baby Q that was in rexburg Ex Rex burg A yes sir air Q where has defendant resided during the last year A he has been around the burg most of the time Q he has his business there rag cism ja Qi sM A yes sir air Q do you know whether he has any other residence that he lives at i except those you have described defendant objects for the reason that the question implies that those are his residences overruled 0 berru led by the court defendant fe takes exceptions Q do you know of any other residences at which he lives at rexburg Rex burg A no sir air CROSS examination Q do you know where the defendant lives 19 1 A nasr no sir I 1 dont know Q you speak about three houses r or residences there at rexburg Rex burg do you know that the defendant defend aut lives at either of them or that he has since your acquaintance A no sir air Q you do not so testify A no sir air I 1 dont know about it Q when you spoke about havi having n 9 wen seen jane ricks were vere you at the house A nosir no a r I 1 was passing passi ng by there Q where have you seen the defendant about that house A I 1 have seen him standing on t the he porch and around the house Q do you know when this was you saw faw tim him at jane ricks 1 A it was in the forepart of the summer or spring 0 what year A this year 1889 11 Q you saw him standing in IE front of the house there ga yes air 11 Q I 1 low ow many times g A I 1 dont know I 1 have not paid 1 much attention I 1 have just passed jt there and have seen him there Q about how many times have K jk you y seen him in front of that house g A I 1 could not say it was more than one occasion anyway Q it 11 was probably on two ocoa beca 1 stone sioda A yes sir air Q do you know when jane rieke bicks died A I 1 know somewhere about the S time Q did you not see the defendant IT in front of that house after the death I 1 of jane rieke bicks h A no sir air F Q you yon dont know about that A no sir air I 1 only know I 1 saw H him there the last time about last H june about court time here if Q you dont know what his business busi ness was there A no sir air Q there are a threat great many people by the name of ricks in rexburg rex burg A yes sir Q how many families by the name of ricks do you know there A nathan rieke ricks lives there Q does thornas thomas ricks jr live there A yes sir air Q heber ricks A yes yes sir air qi anu ani Is ia there not a josiah flicks A yes sir air Q are there not some t wenty twenty families by that name living there A it is not short of that number Q you know these different wake ricks who have families millee fa there A yes sir air Q there aarein are in the neighborhood of twenty families by that name there A yes sir air Q ana and most of them live in the v vicinity of the coop co op store A there is quite a number of them living 11 vi ng close by Q they are in that portion of town A yes sir air Q these blocks that you speak of are really small farms A they are ten acre blocks Q anil and pretty nearly that whole community is settled by people of that name A yes sir air REDIRECT examination Q you say there are about twenty families by that name A yes sir air I 1 think so Q to what family do ellen jane and tana belong if you know A they belong to the family of thomas E rieke bicks sr Q that is the defendant in this ease case A yes sir air RE CROSS examination Q how do you know this are you speaking of comm common on repute or from your own knowledge A well from common repute and observation Q of what did your observation consist and when did you acquire this know ledge A am the children belonging to two of the ladies in question they call thomas rieke ricks father and according to the that these women must be the wives of defendant Q how old are some of these children A some of them are married Q part of them from that family are married A yes sir air Q prom from the fact that you have heard these children call the defendant father you infer that these women have been his wives at one time A yes sir air Q don dont donit it you know that hebr heber rieke ricks children call him father also A yes sir air Q his son sons sonis is children call him father also A not that I 1 am aware of Q have you ever heard them address him A I 1 dout dont know that I 1 have Q did you ever hear this de fondant more than one women his chidden ch idren A I 1 don dont it know that I 1 have ever heard beard him speak of his family Q then the only knowledge you have about the matter is what you have derived from statements made by |
