Capital journal. (Salem, Or.) 1893-1895, 1895-06-21
rHE swARrs MURDER TRIAL

Ter Of the son. To begin with Lon Of
Swarts was q habitual drunkard. he v
was not stupid cot, a naturally bind r'
hearted man, q man with an appetite =
for liquor, that, when gratifed, seemed I,
to arouse the worst thing aboBt him, e
disposition and ungovern- p
able temper. Couple with this condi- |
ton Of mind, more or less friction in
the family aud we have bis case,
Judge Burnett did well TO sspsrats {
the jury for the trisl At least from the 8
rest Of the commuuity. No one can
read the replies Of jurors as reported In
THE JOURNAL and net conclude that
the newspapers, and through them the
public, have tried and condemned
Lon Swarts to be hung, before there
was ever judicial investigation. The
crszs for sensationalism on the part of
the press is such that it is standing
rule of city reporters to present the
worst side Of a case, and always to go
positively against the apparent often
der. Someone must be condemned,
someone must be made a scapegoa,,
someoue must be the victim Of the
community's wrath. On this case 1t
was Lon Swarts. His ungovernable
temper, his quarrelsome nature when
in liquor, his drinking habit, his
quarrel with his family, were all ele-
ments of the case charged TO him, sins
laid at his door, he Is made the muir
derer. Unconsciously all the forms OF
Justice, the coroner's inquest, the pre-
liminary inquiry, the grand jury In
dictment, (which could never be sus-
tained) led up t. the conclusion ct
which the community jumped through
J the newspapers. The morbid clamor
OF the day Is to occasionally demand a
victim and the shedding OF someone's
blood that society may be purified.
o We say under all these circumstances
I the Swarts family are entitled TO some
$ sympathy and Judge Burnett, the
lawyers and jury deserve the highest
a praise for their efforts 10 secure 5warts
y; a fair trial, which under the circum-
q stances was we'll nigh impossible. The
daughters swore the little boy took the
shotgun out Of the room. Swarts swort
!. Edward went and took the shotgun
!. down and that he supposed 1t was Il
y shoot him with. The lawyers for thu
T. defense wanted 10 set up the gun rack
. ia the court room and show that II wal
a a physical impossibility for the bo,
II Walter 10 have taken that gun out o
d the rack. That request many think
q should have been granted by the court
II might have taken more time. A
y life was AT stake. The point about th'
II gunraek was vital because Il would
u have shown eonelusiyely whether th'
y girls had made ups story aud Ssn
= iying shout II or not. All seemed q
a admit that there was = prolonge'
10 struggle over the shotgun The judg
ls should have permitted that practice
~ test when life Was Al stake. The fac
4, is the boy oouid not reach the gun. !
M wAs tried before witnesses IN ths anls
= foom The lover notohss u ths guI
~ rack MAS nearly seYen fest high, W
~ tbs swsfls may got Dsw trial
~ Asii 10 Lon swaTls safisfs vsidls
a 81 ihs hands u the jury ~ niaTdsr !
ID ths ssoond dsgfss. W. eannoi b,
~ ihipk n bls nans had nol bssn sSsrt
l ls lf hs had bssa rob spd Isspselsd, ihsl
~ sould hsFs hesn nlass oafs on iils l'sl
~ ths pbysis.ans - lhsl Fsfllasa hs
. plisl