Capital journal. (Salem, Or.) 1893-1895, 1893-10-12

matter. After he had made the con.
fession be told him that there was the
door aud he could go out.
CrOss-ex: He claimed he had offered
% sell tobacco at reduction from what
he was paying.
q. Governor, do you really think ST.
mon was trying 10 bribe public off,
cial.
A. don't think he was conscious that
he was committing a crime.
Overruled by the court.
Jos. Cavanaugh: Was shop guard at
time Simon matter came up. Simon
made him proposition 20 intercede
aud get him contract to supply tobacco.
simon proposed through him to give
Downing D per cent. of net profits on
the tobacco contract. He wanted me
to convoy this to Downing. Made
this proposition after he was appointed
assistant warden. Same offer was
made in February before.
Cross-ex: Had once paid fine for
assaulting Simon. Simon asked him
'n the links of an Odd Fellow to get
this contract.
McGinn moved that court instruct
jury that this case be dismissed as it
was not proper to go to the jury because
t bad not appeared that it was the off,
cial duty of Supt. Downing to purchase
this tobacco for the prisoners.
Overruled.
The attorneys retired for consulta-
ion and then the defense called an ex-
superintendent of the prison.
Geo. Collins: Was warden and su-
perintendent of prison, purchased to-
'acco for prisoners with their own
money, and for the prisoners when en-
nloyed on state work furnished money
for that purpose; such money was kept
as separate fund.
Cross-ex; Purchased some tobacco
with state money for prisoners, per-
maps for One-half. Had 800 men at
that time.
h. s. Simon: Never offered 5 per
cent commission to Downing; Downing
said he could not furnish it at 25 per
cent. less; charged Downing with
dishonesty and drinking aud the gov
ernor ordered me out of the house. De-
tailed conversations with Cavanaugh.
Knew what parties were furnishing to-
oacco for. Cavanaugh said he could
not get contract because parties furnish
ng it were on his bonds.
No cross-examination.
j. j. Walton, Capt. L. E. Pratt, C.
Gray testified to general good char
lcter of II. ). Simon.
Supt. Downing recalled on rebuttal
md asked if Gilbert & Patterson were
IN his bond. Cavanaugh had said
hey were. Question ruled out.
A. Bush: Was superintendent of
under Gov. Thayer. Pris-
'ners bought their own tobacco; was
lot supplies furnished by state; he had
leclined to furnish any.
ARGUMENTS.
Dist. Attorney Mccain: Testimony
hOwed that custom was for superin-
endent to purchase all supplies for
prisoners employed by state with state
money; this was not called in question;
he law did not say what supplies were,
r whether it was proper to buy tobacco
+ not; their own witness Collins testi-
ed to this custom; there had been
lany conversations on this matter and
efendant fully understood the situa-
on. The jury was to determine
'hether Simon had corruptly offered
bribe of 5 per cent to get this contract.
imon knew that Downing was buying
'baeco for the state for prisoners em-
loyed on the outside of the prison. I
his crime was corroborated by Hum
hrey, and Cavanaugh and the govern
:, as against SimUn's denial.
John A. Carson: The case was too
iviolOus to have ever occupied the
le time Of this court. Was Downing
'tusted by high principles of morality
by personal spite? He had allowed
We terms of grand jury to go by before
appeared against simon. The mo-
YES OF the witnesses were plain. 81.
on had pestered Downing a great
al Cavanaugh was a malicious op-
'nent of Simon's. He had violated
e confidence of brother Odd Fellows,
I'd had assaulted him. Coming to
e offer Of bribe, only per cent was
ough TO make Downing angry.
umphrey did not corroborate Down
g. The governor had no distinct rec
eciion of what took place. He was
Crossed with the Affairs Of the whole
lie. The governor became angry at
non and could recall only "per cent
e" and tobacco" aud Simon's state
int was far clearer than his. Was it I
wning's duty to supply the tobacco 4.
convicts? Bush aud COliins had re-
lied this theory. Ii was in private