Evening capital journal. (Salem, Or.) 1888-1893, 1891-10-17
THE MMAHAN CASE.
The WOOdburn Editor Tried for AS
saElt on Jap. Mimic.

was tIIeu belOTe d jury COLupOseu VI
the following persons:
L. Kavanuugh, b. F. Hall, VIM.
Hilieary, b. 5. Bonney, w. E.
Young, #. j. Smith, Joseph Cham
ness, A. w. Drayer, n. J. White, ].
B. Dimmick, H. G. Tarpley, Oliver
Beers.
District Attorney Bingham stated
the cpse of the State briefly TO the
jury.
Hon. VIM. Holmes for the de-
fense stated to the jury that this
was an effort to convict defendant
of crime that he had already been
fined for. McMahan and Mimic
met in the streets of Salem near
midni. ht some time since, and an
assault took place, Ia which Nc
Mahan, fearing Mimic to be his su-
perior, used revolver. For this he
was bound over by Recorder Good
ell and indicted by the grand jury.
Besides this complaint was lodged
against him before Justice Apple
gate for carrying concealed weapons,
to which McMahan appeared, plead
guilty and was fined. The jury
were to determine as matter of
fact whether he carried a deadly
weapon and used the same on
Mimic. His plea was not guilty and
a former conviction.
WITNESSES FOR THE STATE.
A. w. Gibson was acting June 5
as city police; knows McMahan;
helped arrest him on State street
near butcher shop; had no pistol
when arrested; pistol was picked up;
produced pistol loaded as picked up
not there when shot was fired; iden-
titled pistol; McMahan said it was
his pistol at preliminary examina-
ton; he said nothing then as to his
intentions in carrying the pistol;
Mr.. Lake picked up pistol.
Jap. Minto: Acquainted with
McMahan; saw him that night; saw
pistol drawn from overcoat pocket
it was concealed before; took it away
aud threw it down;it was discharged
through his hand; did not hear Nc
Mahan's statement in preliminary.
Bent Patton called: Was mem
Der of last grand jury; McMahan
made statement to the grand jury;
said he had been sick; was not able
to fight; had been advised that his
life was in danger; said he thought
he might have trouble, so carried
pistol.
State rests.
WITNESSES FOR DEFENCE.
J. a. Applegate: Was justice of
East Salem first of February past;
docket presented in evidence. OBJ
iected to on account of deficiency of
complaint in justice court. Objec-
tlon oyerruled. Docket admitted
and read. Showed case of state VS..
L. H. McMahan, June IL, accused
of carrying concealed weapons
Pleaded guilty and paid fine of $40
and costs and was discharged. Com
plant offered in testimony carrying
concealed weapons June 5th at Sa-
lem, Or.
Cross examinations: Attorney
Conn came with him and entered
complaint. District attorney was
not there.
L. H. McMahan: Offence now
tried is the same as one pleaded
guilty to last June. The prosecuting
attorney told him so.
The defence rested and the state
recalled Bent Patton: Grand jury
knew nothing about previous plead
ing guilty in justice court when they
found true bill at first but they
knew 1t before the last indictment.
He did not know that McMahan
knew that an indictment was prob
able. He told the grand jury that
he carried pistol. The grand jury
voted on complaint 10 evening aud
brought in indictment next morn
ing. McMahau told the grand jury
that afternoon that he had paid a
fine before.
Jap Miuto recalled; Was present
in justice court at trial. Conn
seemed to be acting as attorney for
Mem Mshan.
SPEECHES TO THE JURY.
The prosecution rested and the
case was closed.
The district attorney began his
argument to the jury. There
was only one question:: A man
don't plead guilty unless he fears
someone will accuse him. MeMahan
went before the grand jury in an
swer to complaint of assault aud
battery and could bring indictment
for carrying weapons. McMahan
went to justice court with his attor-
ney and procured a conviction by
fraud to escape indictment Ia cir
euit court. He admitted his carry
ing a couccsled weapon and by
pleading guilty TO the Indictment
before the justice. A clear fraud
had been perpetrated with the con
nivance OF the attorneys.
B. +. Bonham answered iha'
| ther. was 40 fraud peTpelraie,f niI