Capital journal. (Salem, Or.) 1893-1895, 1894-02-13
THE SILVERTON ARSON CASE.
State Of Oregon Versus w. a.
Smeltzer.
ACCUSED OF BURNING HIS PROPERTY
An Interesting Insurance Detect-
i've Case.
STATE VS.. sMELTzER

/
This IL the SilvertOn arson case, of the
State Of Oregon VS.. w. A. Smeltzer, to
following jury; Isaac Stevens, Frank
Elgin, J. ColinsoD, Ben I.ooney, J. b.
vandal, VIM. Steel, II. Pohle, Z. Wed.
die, David johnson, }. w. White,
Frank Van WassenhOer, H. Gulin.
Bonbam q HOlms appear for defense,
Mccain q Condit for state. Half an
hour was consumed getting jury and
Q short session was held last night.
Frank A. Pue, Of Silverton, is also as
sistat In the defense. Following wit
nesses were examined for the state;
j. b. Hurst, w. II. Bayey, A. L.
tjartDer and Frank A. DePue. J. s.
Cook aud w. A. Smeltzer for defense.
THE CASE OF THE STATE
Rests on an alleged confession OF
Shelter toJ. b. Hurst at his office,
where he requested Hurst to keep quiet
for two days until he could get out OF
the state. The confession is ia writing.
made before DePue. The defence con-
tends that the confession was obtained
under duress by the Phoenix Insurance
detectives. Hon. Phil MetschaD, state
treasurer, was next called. Ht
stated that the company had $50,
900 Aashland water bonds on de
posit. K. &. Giltner had been chief
ln Office of secretary of state for six
weeks, and showed record of company
as to having state license.
VIM. Folsom: Saw Smeltzer IN morn
ing before fire at his house saw him
next middle Of next day after fire; Mrs.
Ivy lives quarter of mile from place;
saw two fires at day break July llth
last.
John Hicks: Met Smeltzer on his
way out of the mountains at Cedar
Camp, In middle of afternoon on day
fire; he had been out he said to locate a
timber claim. He was In habit of look
ing up such claims as part of his busi-
ness. This closed the testimony for the
state. Mr.. Holms filed a motion for q
non-suit.
THE CONFESSION
was admitted as testimony to 20 be-
fore the jury after a not legal struggle
before the court but could not be pro-
cured for publication, the district attor-
ney claiming he had no authority to
let the JOURNAL reporter take copy
IL. Judge Burnett showed slight
impatience at times over the dllatory
and dOgged pertinacity of counsel for
defense In raising lnnumerable oblec-
tions In behalf of their client.
DEFENDANT
Is tall young man with a fine open
countenapce, dark hair and mustache.
lie is clean shaved and intelligent
looking and his personal appearance
and conduct made favorable impres-
sion on the jury. Convictions in such
cases are very difficult to prove and
the states attorneys have made one of
the greatest efforts Of their lives. The
Insurance companies have been well
represented indirectly.
HOLMES ARGUMENT
for a non suit was learned effort.
Where a confession is relied upon
there must be- other evidence that
crime had been committed, be argued.
Code, 1858, required other proof before
there could be conviction. The Rein
hart case in Portland, where by false
entries he as book keeper had embez-
zled money. Judge Munley held such
entries were not confession. There
must be other evidence OF crime, He
read from Wharton on criminal
evidence, sec 63S, 10 sustain his con-
tentlon. Unless proof ofa corpus
delete, (the body Of the offence itself
can be fully proved the confession OF
the defendant alone cannot commit.
There was not scintlllA Of evidence
irreconcilable to the innocence Of all
parties and he challenged the state 70
show from the record. Men skilled
la the peculiar vocation of ex-
tracling confessions secured remark
able admissions OF guilt at times from
innocent men. There must be proof
that some one malioiously fired this
building before this confession eau be |
admitted 20 the jury against Smsltzer
This proof must be- beyond reason.
able doubt Counsel HOLMES read
array OF decisions 70 sus
Lain his argument.
That about O'Clock In the afternoon
'f the 10 day of July, 1893 / len my
premises ~ above described, to ~ up
above Cedar Camp, Oregon. TO look Tor
! timber claim aud aher going goodly
distance l determined to return aud sci
ire 10 the buildings. l waited on ihe
Dad until dark. l then returned 20
ny house, reaching there about 1880
'olock July 10, 1898. waited At the
louse until about o'clocS a. M. july
1, lS0S, and then lighted a candle and
gniled aolue naWananeFa thai kvar.l