Capital journal. (Salem, Or.) 1893-1895, 1894-02-14
CASES IN THE CIRCUIT COURT.
Conclusion Of Testimony ia the
Arson Case.
THB INSURANCE COMPANY DEFEATED
Confessions Extracted by Detect
ives Fail with Juries.
THE sMELrzER TRIAL.

after he was Ia Hurst's Office, when he
began to lose consciousness. District
Attorney Mccain made a great effort
10 entangle and break down witness in
his peculiar story, but finally excused
him. Defense introduced deposition of
his brother in Michigan, alleging prev
ious good conduct, good reputation and
also loss Of memory and temporary aber
ration, fOrgetfulness and insanity. The
. ate objected to this. Sustained. De-
position further showed insanity in
amily. Objected to. Overruled
lohn Hicks recalled. Met Smeltzer
4even miles from home on afternoon
after fire. Frank De Pue, the lawyer
and notary at Sllverton before whom
confession was made at instance of
Bsgley, recalled: Bagley dictated sec
tions relating to policy; SmelIzsr die
tated balance; be was laborlng under
considerable excitement
Q. What is your opinion as to his
responsibility for his acts under that
condition Of mind?
Objected to. Sustained. Numerous
other questions were asked and Objec-
tiOns sustained.
Attorney Cook of Silverton: Did
Ragley ask you to watch SmeItzer
while he went to watercloset? OBJ
jected to. Sustained. Hicks in re-
0uttal: Day he met defendant was a
fine one; were heavy fogs in noun
tains; might have been that morning.
Bagley recalled: Never said that any
man would for $500 swear he saw
6meltzer burn the barn. Three hours
were limit for argument, Mr.. Mccain
waving the opening and allowing de-
fense two hours. The case then pro-
ceeded to argument at o'clock.
VIM. Holmes opened the case for the
defence with a speech of an hour. He
was followed by District Attorney Nc
Cain, and Judge Bonhsm closed. The
jury was out few minutes and re-
turned on q verdict of not guilty. 1t
was very ticklish case,aand Bonham
d Holmes received many compliments
for skllful management of the same.
The confession was foolish thing for
any man to make, but he was un.
doubtedly wrought upon when in a
weak state Of mind, by the detectives,
for the insurance company. At least
that lie the theory the jury took of 1t,
and confessions seem to he not In favor
generally.
The grand jury made its first report
at half past nine. Foreman g, l., Kei-
Ter handed the judge eight indictments.
After fixing bail In each true bill,
Judge Burnett handed them To the
clerk.
The suit OF n Benedlctlne brother at
Mt. Angel, who was dismissed from
the order, for wages, Ia up at this term.
Prior Adelhelm OJermatt, of the Bene-
dlctlne Fathers, Is In attendance. The
recusant brother Is here also, aud sues
for wages while he was In the order.
The medical practitioners act case Of
the state Vs. Wing Lee, is set for trial
tomorrow. II will prove of great In.
terest to the profession. Darcy 4
Bingham defend.
The suit Of g. b. Clement VS., the
Statesman Publishing Co., for libel,
comes on for trial at this term. iii
mon Ford defends.
IMPLEMENTS.
A not true bill found against Vernon
Osborne, age IS, bound over for point
ing weapon at James Harrington,
Jan. %.
A not true bin against j. g. Wilson,
bound over for unlawfully, feloniously.
maliciously and wantonly killing "a
dog Nov 20, belonging TO w. J. Hun.
man, value OF $50.
A not true bill against Edward Bruce
for stealing diamond pin from the
person OF w. w. Mcclure, Sept l5,h,
during the state fair at Hotel William.
cite.
A true bill against II Inert Wos, for
selling liquor without a license.
A true bill against John Dohman for
forgery.
A true blll against William Langley, |
for larceny Of dwelling.
A true blll against Il. o. Bennett, for
larceny OF a dwelling.
A true bin against Robert Wolsi for
selling aud giving liquor 10 minor.
A true bill against Chas. q. Saryis
Ior embezzlemen'.
THE DOCKET
Following entries were made on the
locke. this ~. Valentines day,
Martha g., We. w. y. Coulter, divorce, !
demurrer.
JAs. Nell W. A, r. Riokard ct al, de
nurrer confessed with leave 60 anuul.
Bonham a Holmes Va simon, mo.
Ion % strike out new matter Ia answer
uslalned.
M - AM A - /