History of Idaho, the gem of the mountains, Volume II, Part 27

Author: Hawley, James Henry, 1847-1929, ed
Publication date: 1920
Publisher: Chicago, The S. J. Clarke publishing company
Number of Pages: 1024

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Frank Steunenberg, who was murdered by the explosion of a bomb when opening the gate at his residence, had been governor of the state for four years and had resided continuously at Caldwell, Canyon county, since his first settlement in Idaho. The defendant Moyer was president of the Western Federation of Miners, an organization extending over all the gold and silver mining states. Haywood was secretary of the organization, and the defendant Pettibone closely associated therewith. On account of the prominence of all the parties and the published charge that the motive of the mur- der grew out of the facts involving the strict performance of duty by Governor Steunen- berg, when the state was involved with the striking miners of the Coeur d'Alene dis- trict, during Governor Steunenberg's second administration, the case was removed for trial to Boise, Idaho, in Judge Wood's district. The trial commenced May 9, 1907, and continued to the last of July following. This trial attracted not only nation wide but world wide attention. The leading attorneys of the country were employed both in the prosecution and defense. One of the remarkable features of the case was the almost total absence of time occupied in argument upon the admissibility of evidence. The defendants were tried separately. The charge in the indictment was made without alleging the conspiracy; yet the state relied exclusively upon proof of conspiracy to prove the charge; or in other words to corroborate the accomplice. The homicide involved was actually perpetrated by Harry Orchard, who upon the trial testified, 'with- out equivocation, to the fact that Moyer, Haywood and Pettibone were each the actual procurers and inciters of the act. While United States attorney, Judge Wood had prosecuted the conspiracy cases above referred to and at once showed himself so familiar with the principles involving the law of criminal conspiracy that his rulings were promptly made and accepted without controversy.

The trial of the defendant Haywood occupied eighty-one days, the trial of the defendant Pettibone, over one-half that time. Both defendants were acquitted. Upon both of the trials Judge Wood was required to rule upon motions for advisory verdicts of acquittal. In the Haywood case he promptly overruled the motion, without giving detailed reasons therefor, assigning as the reason for this course the fact that two other defendants were to be tried, presumably upon the same evidence, and he did not think

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their interests should be prejudiced by a discussion of the evidence from the bench. Upon the trial of Pettibone, when the motion for advisory acquittal was requested, it had become apparent that the defendant Moyer would not be tried, on account of the Insufficiency of the evidence corroborating the accomplice, Harry Orchard, and at this time Judge Wood rendered an exhaustive opinion from the bench, not in the presence of the jury, overruling the motion and sustaining the sufficiency of the corroboration, if the evidence was accepted and believed by the jury.

A few weeks later, when called upon to pronounce the sentence of death upon the defendant, Harry Orchard, who admitted his guilt, Judge Wood declared that he be- lieved that Orchard, on the trials of Haywood and Pettibone, had testified truthfully. Upon this point Judge Wood said, "I am more than satisfied that the defendant now at the bar of this court awaiting final sentence, not only acted in good faith in making the disclosures that he did, but that he also testified fully and fairly to the whole truth, withholding nothing that was material, and declaring nothing which had not taken place."

After a thorough review of the testimony, Judge Wood at the same time concluded: "During the two trials to which I have referred, the testimony of the defendant -- Orchard-covered a long series of transactions, involving personal relations between himself and many others. On the first trial he was subjected to the most critical cross- examination, by very able counsel for six days, and I do not now recall that at any point he contradicted himself on any material matter, but on the other hand, he dis- closed his connection with the commission of many other crimes that were probably not known by the attorneys for the state, or at least not brought out by them on the direct examination of the witness."

"Upon the second trial referred to, the same testimony was given, and a thorough and critical examination of the witness followed, and in no particular was there any discrepancy in material matters between the testimony given upon the latter trial, as compared with the testimony given, by the same witness, on the former trial."

"It was the particular province of the court to observe and follow the witness upon the former trial, and I am of the opinion that no man living could conceive the stories of crime told by him and maintain himself under the merciless fire of cross- examination by leading attorneys of the country, unless upon the theory that he was testifying to facts and circumstances which had an actual existence in his own expe- rience. A mere child may testify truthfully and maintain himself upon cross-examina- tion. A man of mature years may be able to frame his story and testify falsely to a brief statement of facts involving a single transaction and maintain himself on cross- examination. But I cannot conceive of a case where even the greatest intellect can conceive a story of crime, covering years of duration with constantly shifting scenes and changing characters, and maintain that story with circumstantial detail as to times, places and persons and particular circumstances, and under as merciless a cross- examination as was ever given a witness in an American court, unless the witness thus testifying was speaking truthfully and without any attempt to misrepresent or conceal. Believing as I do that this defendant acted in good faith, and when called as a witness for the state he told all and withheld nothing, I can the more readily fulfill the duty that I consider the law imposes upon me."

The court sentenced Orchard to be hanged but accompanied the sentence with the recommendation that the pardon board at least commute the sentence to life imprison- ment. Before pronouncing the judgment, the defendant Orchard, in answering ques- tions by the court, declared that he had received no promise or suggestion of immunity, either from attorneys representing the state or from any one representing, or pretend- ing to represent, the state pardon board. To this Judge Wood replied that he was satisfied that the defendant was speaking truthfully, and that he had personally inter- viewed a majority of the pardon board and had their solemn assurance that the ques- tion of immunity for Orchard had never been mentioned by any one, either to them or in their presence.

The trials of Haywood and Pettibone disclosed several attempts to kill men prom- inent in political and judicial circles in Colorado, Idaho and elsewhere, notably Pea- body, Ex-Governor of Colorado, and Goddard and Gabbert, justices of the supreme court of Colorado. Referring to these attempted crimes, Judge Wood in sentencing Orchard said: "I want to take the opportunity of this solemn occasion to say to the associates in crime of this defendant, that they cannot by such acts terrorize American executives and prevent them from performing their plain duties, and they cannot prevent Amer- Ican courts from declaring the law exactly as they find it. Judges and executives may

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be placed out of the way by the hand of the assassin, but there will be others immedi- ately to take their places just as ready and just as determined to perform their duties as their predecessors were, and backed by a public opinion that will ferret out and dis- close the authors of every such crime."

Judge Wood has been a republican from boyhood and until he was elected to the bench was prominent in the political activities of his state. While upon the bench he took an advanced stand in promoting judicial reforms, and many changes afterward made in the procedure were due to his recommendations. He was an earnest advocate of a non-partisan judiciary and contributed much to the movement which resulted in the selection of judicial candidates without reference to party.

In 1885 Judge Wood was married at Boise, Idaho, to Miss Carrie Cartée, eldest daughter of the late General LaFayette Cartée. Of this union there are three daughters and four sons. Two of his sons, Walter Elliott, the eldest, and Cartee, the second son, were in the military service when the armistice was signed, the elder of the two having served in France since August, 1917.

COLONEL EDGAR M. HOOVER.

Colonel Edgar M. Hoover, identified with various corporate interests which have had to do with the progress and upbuilding of Boise as well as the advance- ment of individual success for stockholders, is perhaps most widely known through his connection with the lumber industry. The city, too, finds in him one whose efforts have been a potent force in upholding municipal standards and in solving municipal problems. He is now filling the office of commissioner of streets and public. improvements in the city council of Boise.

Mr. Hoover has always resided west of the Mississippi. He was born in Mus- catine, Iowa, July 23, 1866, a son of Henry and Sarah (Hubbard) Hoover and a great-grandson of Michael Hoover who resided in Harrisburg, Pennsylvania. It was there that Henry Hoover was born and in 1854 he became a resident of Mus- catine, Iowa, where he engaged in the real estate, loan and insurance business. Patriotism ever being one of his dominant qualities, he responded to the country's call for troops at the time of the Civil war, rose to the rank of lieutenant, was made a captain by brevet and at the close of hostilities was acting adjutant of the Thirty-fifth Iowa Infantry. He remained at the front throughout almost the entire period of military operations between the two sections of the country, partici- pating in the Vicksburg campaign, the Red River campaign, the siege of Mobile and various importantengagements, in which he escaped both wounds and im- prisonment, although twice he had horses shot from under him. Returning to Iowa, he was identified with the business interests of Muscatine to the time of his death, which occurred in 1881, when he had reached the age of fifty-five years. It was in Chicago, in 1863, that be married a daughter of Abel Hubbard, who was of Scotch-Irish descent, the family being founded, however, in Vermont in colonial days.

Edgar M. Hoover, the eldest of the five children of Henry and Sarah (Hub- bard) Hoover, completed a high school education at the age of seventeen years and started out in the business world not only to meet his individual requirements but also in order that he might support his widowed mother. His initial step was made as a clerk with the Musser Lumber Company of Muscatine, Iowa, and thus he gained the preliminary experience which has made him a prominent figure in connection with the lumber trade of the northwest. He won various promotions through close application and reliability and at the end of ten years was holding the position of chief clerk with the firm. The possibilities of winning advance- ment in connection with the lumber trade led to his removal to Little Falls, Min- nesota, then a center of the lumber industry in the northwest, and for eleven years he was there associated with the Pine Tree Lumber Company as assistant secretary and sales manager. The opportunities of the northwest, however, proved to him an irresistible lure and he came to Idaho, reaching Boise in May, 1904, soon after the organization of the Payette Lumber & Manufacturing Company, of which be was made general manager. For a number of years he has directed the activities and policies of this corporation, building up a business of large pro- portions. The company holds extensive pine lands and has a well equipped plan/ Vol. II-15

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for the conduct of its business. Mr. Hoover has made it his purpose to familiarize himself with every phase of the lumber trade, and keeping in close touch with the market, has been enabled to make judicious investments and profitable sales for the company, building up a business that has steadily grown with the develop- ment of Boise and the northwest. Extending his efforts into other fields, ho became one of the incorporators of the Northwest Paper Company of Minnesota and his name is on the directorate of the Boise Title & Trust Company and the Boise City National Bank.

On the 26th of September, 1899, Colonel Hoover was married to Miss Jane Redfield, daughter of William W. Redfield, of Minneapolis, and they now have two sons; John Redfield, who was born at Little Falls, Minnesota, April 12, 1903; and Edgar M., born at Boise, February 22, 1907. Colonel and Mrs. Hoover hold membership in St. Michael's Episcopal church, of which he is a vestryman, and he is also a trustee of St. Luke's Hospital. He belongs to the Young Men's Chris- tian Association of Boise and to the Boise Commercial Club, of which he has served as treasurer and director. He is likewise a member of the Masonic and Elks lodges and is president of the Associated Charities of Boise. He has figured prominently before the public in connection with the Iowa State Militia and as member of the governor's staff of Minnesota and of Idaho. His connection with the Iowa State Militia covered eleven years and his service on the governor's staff of Minnesota compassed the period of the Spanish-American war. Since his re- moval to Idaho he has served on the staff of Governors Gooding, Brady, Hawley and Haines. He has ever been a stalwart champion of republican principles and was appointed by. President Roosevelt, one of the three delegates from Idaho to the first conservation congress at Washington. He has ever been deeply inter- ested in the subject of conserving the great natural resources of the west and has kept in close touch with many of the most vital public problems affecting the welfare of his district, his state and his country. Throughout his career he has recognized the obligations as well as the duties and privileges of citizenship. He was secretary of the Idaho State Central Liberty Loan Committee during all five Liberty Loan campaigns and chairman of the local branch of the Military Train- ing Camps Association during the war activities.

FRANCIS M. SNELL.

Francis M. Snell is occupying an enviable position in the financial circles of Idaho, being now president of the First National Bank of St. Anthony: He was born at Spanish Fork, Utah, December 14, 1869, and is a son of George D. and Alexanderine (McLean) Snell, who are mentioned in connection with the sketch of George D. Snell on another page of this work. At the usual age he began his education in the schools of his native city and remained with his parents until he reached adult age. He learned the miller's trade when about eighteen years of age and later he engaged in the milling business at Springville, Utah, where he was active for three years. He then sold out and returned to Spanish Fork, where he occupied the position of post- master for five years. On the expiration of that period he went to Salt Lake City, where he entered the railway mail service, his run being from Ogden to Grand Junc- tion, to Salt Lake and to Butte, Montana. For four years he remained in the mail service and then returned to Spanish Fork, where he purchased the interest of his brother George in the Bank of Spanish Fork, which later was converted into the First National Bank, Mr. Snell serving as cashier until 1910, when his brother Cyrus died and Francis M. Snell then took his place in the Payson Exchange Savings Bank, hav- ing charge of both banking institutions until 1912. Although retaining his interest in the Spanish Fork Bank, he came at that time to Idaho, settling at St. Anthony. Here he and his brother, George D. Snell, purchased the controling interest in the First National Bank from G. E. Bowerman, and Francis M. Snell became the cashier of the bank, and so continued for about a year. He has since served as president and in this connection is giving his attention to constructive effort and executive con- trol. His labors are resulting in the continuous growth and success of the institution.

On the 2d of February, 1891, Mr. Snell was married to Miss Annie E. Thomas at Manti, Utah, and to them have been born fourteen children: Francis M., Earl B., Lucille, Mildred, Mable, Wilma, Gladys, Hazel, Alden, George, Phillip, Gordon, Melva

FRANCIS M. SNELL

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and Elizabeth. The son Earl enlisted at Salt Lake in 1917 and was stationed on Kelly's Field at San Antonio, Texas, as a member of the Aviation Corps. Just before receiving his discharge he was put in the officers training camp at Waco, Texas, and was there when the armistice was signed. He received his discharge in November, 1918.

Since coming to St. Anthony, Mr. Snell has served as mayor for a term, and he had previously filled that position for two terms at Spanish Fork, discharging his duties with promptness and ability. He has always voted with the republican party, which finds in him a stalwart advocate. A lifelong member of the Church of Jesus Christ of Latter-day Saints, he has held various offices therein and for twenty-six months he filled a mission in Ohio. His life has ever been the expression of business enterprise, of upright principles and patriotic citizenship.

RAYMOND D. THATCHER.

Raymond D. Thatcher, United States commissioner and manager of the Thatcher Realty Company, with offices at Rexburg and at Rigby, was born May 1, 1883, in the town of Thatcher, Idaho, his parents being John B. and Sarah (Davis) Thatcher, the former a native of Virginia and the latter of Salt Lake City. The father crossed the plains with four brothers to Salt Lake City in 1847 and thence continued his journey to California. He returned in 1849, however, and established a home at Logan, Utah, where he lived for some time and there man- aged Zion's Cooperative Mercantile Institution for a number of years. He became one of the originators of the Thatcher Brothers Bank at Logan and continued in the banking business for a long period. He afterward removed to Bannock county, Idaho, where he purchased twelve hundred acres of land that he developed and improved. He also established the town of Thatcher and while there residing was twice elected to the Idaho legislature. He also filled the office of assessor and was collector of the old county of Bannock for two terms. He continued to reside in Idaho throughout his remaining days, passing away in September, 1917, at the advanced age of eighty-three. He was a bishop and high priest in the Church of Jesus Christ of Latter-day Saints and held various other offices in the church. He represented one of the most prominent families of Utah and of Idaho and contributed much to the development of this section of the country. The mother of Raymond D. Thatcher is still living and now makes her home in Logan, Utah.

In the public schools of Logan, Raymond D. Thatcher pursued his early edu- cation, which he supplemented by study in the Brigham Young College at Logan. He afterward clerked in stores for some time and then went to work in the office of the master mechanic at Pocatello, where he continued through 1906 and 1907. On the expiration of that period he came to Rexburg, where he was variously employed until 1910, when he accepted a position as bookkeeper in the Rexburg State Bank, thus continuing until 1915, when he entered the Farmers & Traders Bank at Pocatello serving as teller for a year. Returning to Rexburg, he was made division storekeeper for the Utah Power & Light Company and thus con- tinued from September, 1915, until September, 1916. He afterward engaged in the real estate business on his own account and in March, 1917, incorporated the business with a capital of twenty thousand dollars, Richard H. Smith becoming president, with Mr. Thatcher as manager. The firm style of the Thatcher Realty Company was adopted and operations are now carried on under that name. Mr. Thatcher is also a stockholder and was one of the incorporators of the United Mercantile Company.

In June, 1905, Mr. Thatcher was united in marriage to Miss Elsie Webster and they have become parents of five children, namely: Raymond W., who was born April 22, 1906, and passed away April 13, 1908; Alice whose birth occurred July 2, 1908; Grant W., whose natal day was March 31, 1910; Don W., born May 31, 1912; and Dorothy, who was born on the 9th of August, 1918. Mr. Thatcher owns a nice home which he built in 1916. He has been active in the public life of the community and in January, 1919, was made United States commissioner, which position he is still filling. His religious faith is that of the Church of Jesus

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Christ of Latter-day Saints and he is counselor of the Young Men's Mutual Improve- ment Association of the second ward of Rexburg.

He is the secretary and treasurer of the Commercial Club, to which dual office he was elected in March, 1919. His political endorsement is given to the demo- cratic party and at all times he has heen progressive in matters of citizenship. He was a member of the board of directors of the State Insane Asylum at Blackfoot for a year and during the period of the war he took active and helpful part in promoting public interests, acting as chairman of the fuel administration board in his district and serving as secretary of the eighth district, which embraced five counties. He has ever manifested patriotic devotion to his community, to the com- monwealth and the country and he is classed with those substantial citizens whose work constitutes the basis of progress and improvement in the district in which they live.

WILLARD S. BURTON.

A resident of Rigby who has for a number of years been prominent in religious and educational circles of this section is Willard S. Burton, the first superintendent of schools for Jefferson county. He was born in Kaysville, Utah, July 11, 1878, a son of Christopher and Susan (Stewart) Burton, both of whom were originally from England.

It was in 1853 that Christopher Burton landed upon American soil and in the same year he pushed on westward by the clumsy means of transportation afforded by that period, finally locating on a tract of new land in what was then the territory of Utah. With the same zeal that was characteristic of the immigrant of those days, he set to work to develop his holding and soon brought it to a state of culti- vation. Since he found the section where he had located especially adaptable to settlement and since he was possessed by an intense interest in building up this area, he was instrumental in getting a number of immigrants to drive through from the more populous regions of the east in their ox-drawn prairie schooners to settle in that part of Utah where he had made his home. Christopher Burton remained in Utah the rest of his life, continuing farming until his death, which occurred December 25, 1914. He thus witnessed the development of the west from an expanse of wild land to an area dotted here and there with populous cities of com- fortable homes. His wife, the mother of the subject of this sketch, is still living and makes her home in Utah.

Willard S. Burton was brought up on his father's farm in Utah, where he experienced all the pleasures and discomforts of rural life in the far west at that time. In a neighboring school where he received his elementary education he first felt the desire for an advanced education, and as soon as he had finished his high school course in Davis county, he entered the University of Utah, graduating from the same with the class of 1901. At that time, as never before, the west needed young men of experience and ability to care for its educational interests, and Mr. Burton accordingly entered the teaching profession and taught in the schools of his native state during the winter and farmed during the vacation months in the summer, creditably holding the position of principal of the schools of North Ogden, Plain City and Layton at different times. In 1908 Mr. Burton came to Rigby, Idaho, where he had been principal of the Garfield district, it being in close proximity to his one hundred and forty-five acre farm. That position he success- fully held until 1913. At that time Jefferson county had been newly organized and the people of the county, being desirous of a man of ability, education and experience in the teaching profession for county superintendent of schools. elected Mr. Burton to that office, which he held until 1916. In that year he went to Lewis- ville, Idaho, where he had heen elected principal of the high school. After he had served in that capacity for two years, he returned to Rigby and in the autumn of 1918 he was again elected to the office of county superintendent of schools, which was an indication of the efficient service he had given the county during his former administration.

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History of Idaho, the gem of the mountains, Volume II, Part 27

Author: Hawley, James Henry, 1847-1929, ed Publication date: 1920 Publisher: Chicago, The S. J. Clarke publishing company Number of Pages: 1024

Author: Hawley, James Henry, 1847-1929, ed
Publication date: 1920
Publisher: Chicago, The S. J. Clarke publishing company
Number of Pages: 1024