Capital journal. (Salem, Or.) 1893-1895, 1893-10-12
THE STATE VS.. H. s. SIMON
High State officials and Alleged
Bribery.


Harry s. Simon, on an indictment,
charging that defendant had offered
Geo. 5. Downing, as superintendent OF
thestate prison 5 per cent. dividend on g
tobacco contract, was tried before Judge
Burnett Tuesday afternoon. The court
room was crowded with spectators aud
the ablest counsel was employed on
both sides. The jury was as follows
THE JURY.
Taylor Foster, A. J. Patton, A. Olin-
ger, F. Parish Ed. Beck, Q. II. Benson,
A. E. West, w. r. Townsend, II. G..
Sonneman, L. V. Ehlen, T. Kirsch, n.
F. Ryan, were called. All of these
were accepted but Messrs. Patton, Ben
son, Ehlen, and Townsend; the latter
seryed upon a grand jury before when
the matter Of this bribery was first
brought up. The remainder could not
be accepted because Of probable preju-
dice. o. L. Morris, J. Allingham, V.
Dencer, and J. L. Cook were draw
and accepted by counsel on both sides.
THE CASE.
After District Attorney Mccain stat
the charge. Judge Bonham opened the
case for the defense. He coutendeO
that it was not Supt. DowniDg's duty
to purchase tobacco for prisoners. Pris-
oners were there for punishment ano
not to be INDUCED in luxuries. Tn,
law did not contemplate appointing
superintendent of state prison to q
out as such and buy tobacco for eonyicts.
simon was political opponent anu
critic of the administration of MI.
Downing. The case had its origin il
malice growing out of a political con
troversy. Downing and Governor Pen
noyer had ill will toward Simon, who
was prosecuted to close his mouth ano
and to be forced to refrain from criti-
cising this administration, and to puu
ish him for rejecting upon public Off
cials.
THE WITNESSES.
Geo. S.DowniDg: was Superintendent
of the state prison prior to March lst,
1891. Simon had insisted on allowing
him to furnish tobacco to prisoners.
Gilbert * Patterson had the contract
snd were giving good satisfaction.
Simon asked him to call at his place
at 2 p. M, went next day.
Simon said, We have TALKED about to-
Oacco business long enough. viii
give you per cent, or 10 per cent
pack, on my bill. That has been done
aid Simon, aud is perfectly legitimate
Witness said he tOldSimon man would
'Ob his dead mother who would offer
o take percentage on prisoners to-
oaccO, 1t was his duty to purchase
upplies and it had been the custom OF
lis predecessors to purchase supplies
or prisoners. This was objected t.
nd argued, defence claiming the GUS
ON did not govern. Court ruled |
hat witness might say wha,
upplies were. Prisoners were sup
lied twice a month with a blank |
rider sheet and the list embraced nearly |
in the market. Friends
ent them sums from 10 cts. to S. or
ven more. A book was kept and each
risOner had an account. Prisoners
rho work in the stoye foundry got
2. 80 to IS month for good work and
ood behavior-some running as high
s 500 to $3.50 a year. The state stove
FORKS also made some allowance To
risoners to buy such supplies aud to
acco. The governor had ordered him
D furnish tobacco to all convicts work.
1g in the brick yard. Simon knew OF
his practice and these funds and that
be witness had the buying Of this to-
aecO. Paid 80 to IS cts. a pound.
his was all in contemplation when
imOn approached him
Cross-examiued. Simon had offered
furnish tobacco for 5 to 25 cts. Der
ound cheaper. Outside of prize money ,
om shops aud brick yards, il Mas the
risoners' money, not the states.
Was not on good terms with Simon. I
no had appeared before legislative
'mmittee as witness against him. Z
ad appeared before grand jury as a
itness TO have Simon indicted. He !
nd no malice growing out Of Libel q
Iit Mrs. DtLeOn had begun sgainsl [
IN.
Capt. Humphrey: Knew the parties. I
as present in March, 1891, heard part il
conversation between Downing q
ID Simon. Downing was saying that 9
mon was trying to bTibe him. Simon a
ID IL would be money ia the states :
eket IL Downing would accent his a
er aud they, he and ID. divide the N
pitts. m
Governor Pennoyer: Knew Simon; to
$ governor of Oregon in March 1891. u
non had talked with him in his Of ~ -
J. L asked him II he had offered ei
Dt. Downing a percentage on tobacco.
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