At the time, Fort Lemhi was included in Oregon Territory. Thomas Sasson Smith was chosen to supervise the colonization. Church leaders encouraged the settlers to establish ties with local Native Americans, conduct missionary work among them, and teach them farming methods. Subsequent hostilities developed between the settlers and local natives, and Ft. Lemhi was abandoned in late March A second LDS colonization effort began in when a group of Utah saints began claiming and improving land near Franklin.
The town was officially settled on 14 April The settlers assumed they were residing in Utah Territory, but an boundary survey determined they had located about a mile inside Idaho Territory. The community was named for Elder Franklin D. Responding to complaints regarding Indian attacks on emigrants, settlers, miners and cattle, federal troops from Fort Douglas in Salt Lake City killed about natives in an early morning attack.
A few settlers were permitted to return to the massacre site and rescue surviving adult Natives and three small children. Idaho Territory was created from Oregon Territory on 4 March The following September Charles C. In , the communities of Bloomington, St. Merrill as presiding elder. Expanding their influence throughout the southeastern corner of Idaho, Church members also moved into what is now called Gem Valley in the early s. Significant numbers of Native Americans living in southern Idaho joined the Church in the s and s.
Chief Pocatello, accompanied by his band, traveled to Salt Lake City in There, he was baptized on 5 May by Hiram W. During the s and early s many Latter-day Saints in Idaho worked as contractors and employees of the Utah and Northern Railroad during its construction that linked Salt Lake City with Helena and other mining cities of western Montana. The availability of arable land in Idaho, coupled with the railroad extension into the Snake River Valley, served as a pressure release valve for the burgeoning younger generations in Utah looking to establish themselves on fertile farmlands.
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Church members constructed large scale irrigation canals to open immense tracts of agricultural land. Settlers in the Worm Creek later Preston area, a few miles north of Franklin, were organized as a ward in A ward was established there in , and Cassia Stake was organized on 19 November with Horton D. Haight as president. Amos R. Wright, appointed as a missionary to Native Americans, traveled frequently between his Bennington home and the Wind River Reservation in neighboring Wyoming.
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The baptism was performed at night to avoid detection by antagonistic reservation officials. Wright also baptized about other Native Americans on the reservation during September and October of that year. Chief Washakie had become an early and friendly associate of Church leaders after the saints arrived in Utah. Ricks as president.
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Hendricks as president. During the mid to late s, territorial Marshal Fred T. Dubois and deputies spearheaded pursuit and prosecution of polygamists in Idaho. Dubois later became an Idaho congressman and senator. In his senatorial role he championed the unsuccessful effort in to bar Elder Reed Smoot of the Quorum of the Twelve from being seated as U. Although Mr. Wilcoxon in light of the evidence connecting him to the telephone call, that evidence was primarily useful against Mr. Nollette on the conspiracy count—and the jury failed to reach a verdict on that count.
With respect to Mr. If there had been error, it was harmless beyond a reasonable doubt. Therefore, it will be filed for public record in accordance with the rules governing unpublished opinions. RCW 2. Wilcoxon challenges Sergeant Denny's testimony concerning the location of the cell phone towers servicing the calls made in this case, arguing that it was irrelevant and lacked adequate foundation. We address those two arguments together and separately address his remaining claim that the court erred in denying his request for a continuance.
Trial judges have great discretion in the admission of evidence and decisions to admit or exclude evidence will be overturned only for manifest abuse of discretion. Luvene, Wn. Discretion is abused where it is exercised on untenable grounds or for untenable reasons. State ex rel. Carroll v. Junker, 79 Wn. A court also abuses its discretion when it applies the wrong legal standard. Rafay, Wn. Relevant evidence generally is admissible at trial, but can be excluded where its value is substantially outweighed by other considerations such as the possibility of confusing or misleading the jury.
ER ; ER Wilcoxon's challenge to the relevance of the cell tower location information. The defense had sought to exclude testimony that the telephone records showed that a phone call had been made from inside Lancer Lanes. The court agreed and excluded that specific evidence, but denied a subsequent request to exclude testimony concerning which cell tower locations handled the telephone calls made by the two defendants that morning. Wilcoxon now argues that the tower location information was irrelevant since it could not pinpoint the location of the callers.
More critically to this case, the information was particularly relevant to rebutting Mr. Wilcoxon's statement to police that after leaving the Candy Store he had gone to his sister's house in Lewiston and did not return to Clarkston that night. The cell phone evidence showed that after leaving the Candy Store in Lewiston, he placed calls that pinged off the Clarkston cell tower near Lancer Lanes.
While not able to precisely locate where the calls had originated, the evidence tended to suggest a downtown Clarkston location rather than a Lewiston location. The trial court did not err in admitting the testimony. Wilcoxon also argues that the court erred in permitting Sergeant Denny to testify concerning the telephone records. He waived any objection to this testimony by failing to object below. When this issue first arose at a pretrial hearing, the question was whether the document would be admitted as a business record through a certificate from the records custodian or if Sergeant Denny, who had training in reading the records and explaining how cell towers worked, would testify.
The defense did not object to the proposed testimony then or later at trial. That failure dooms his current argument.
Price, Wn. That is the case here. Neither defendant ever objected at trial to the ability of Sergeant Denny to testify. He explained his training for understanding the records and how cell towers function. The trial court accepted the foundation and cautioned the prosecutor not to seek information beyond the sergeant's training and experience. That restriction was honored. Moreover, no opinion testimony was sought from Sergeant Denny.
Therefore, questions of whether or not he was a qualified expert are irrelevant. The issue was whether he had the experience that allowed him to discuss the records.
The trial court was satisfied that he knew what he was talking about and the record bears out that determination. Even if there had been an objection, there was an adequate foundation for the testimony. Accordingly, this argument, too, is without merit. Wilcoxon also argues that he was denied due process when his eve of trial request for a continuance was denied.
The trial court acted within its discretion because the defense never established a need for the expert witness. Bailey, 71 Wn. When deciding whether to grant a continuance, trial courts may consider many factors, including surprise, diligence, redundancy, due process, materiality, and maintenance of orderly procedure. Eller, 84 Wn. When a case has been previously continued, an even stronger showing in support of the subsequent request is necessary. Barnes, 58 Wn.
The request was made on the eve of a joint trial that had been previously continued. The co-defendant did not want his trial continued any further. A continuance for Mr. Wilcoxon would have resulted in a de facto severance of the trials, even though a motion to sever had failed at an earlier hearing. The motion was ostensibly brought for the purpose of responding to Sergeant Denny's testimony, even though there was no objection to his testimony and no indication that anything he would say about the records was subject to a contrary viewpoint.
The contents of Sergeant Denny's expected testimony had been disclosed and the witness made available for interview. There was no surprising information disclosed that justified an extension of time for the defense to prepare.
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The defense did not establish that there was missing evidence that it needed time to develop. Accordingly, there was no violation of the defendant's right to prepare for trial. There was not a day that went by that he did not devote time to studying the word of God.
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A memorial service and luncheon for Frank will be held at 11 a. A casual gathering for family and close friends to follow at the home of Stan and Becky Howerton, N. Maple, Hayden, ID Linda was survived by her only child, Keely Clary, only b As the younger brother to twins Bruce and Bernice, h Waters, 55, of Osburn, Idaho, passed away Nov.
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Mike was born in Mountain View, Mont. She passed away on Oct. She was laid to rest