The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1895-06-13
Mr.. JOHNSTON SURPRISED
After "a Hours Of DelIberatiOn The Jury
Finds Him Guilty.
A PLEA FOR THE COURTS MERCY.
Other Court News-Two Appiica.
lions for Divorce-Balbert's Trial
fer shooting Clarence steel Comes
Up Next Week.

Inc case OF the state vs.. j. X. Edmis-
ton came to an end at 10: 80 on Saturday
morning, after the jury had been out for
twenty-four hours and after 40 ballots
had been Ia ken--the ultimate conclusion
Of the twelve good men and true" being
that the defendant was guilty as charged.
Accompanying this verdict was one SEN
tence which will be, OF course, fraught
with incalculable benefit to Mr.. Edmis-
ton, |. e., "We recommend the defendant
to the mercy Of the COURT
When 1t is remembered that, on the
first ballot, the jury stood seven for ac-
quittal to five for conviction, the explana.
ton Of the remarkable hypnotic influence
OF that plea for judicial clemency will be
more difficult OF understanding still. That
seven men might eventually bring five to
see the error OF their several judgments
might be accepted as a possibility but
that FIVE should consummate the over
throw OF the stubbornness of seven is a
grey equine Of another color.
But "fop" it wac, in the early morning
of the Sth inst, when the slough from
the ranks OF the seven began by one
Juror agreeing to join the minority and
vote for conviction, if the recommends
tion above noted was adopted. His ex-
ample was followed by another and still
another; until, at 10 80, the twelve stood
solidly for conviction--recommen the
defendant to the mercy of the court.
To say that Mr.. Edmiston was surpris-
cd when the verdict was announced, is to
put 1t mildly; while his attorney was
dumfounded. The latter, however, i'm
mediately assured a reporter for THE
HERALD that new trial would be asked
for on Monday and on Tuesday morning
the form al application was made, on the
following grounds:
Misconduct OF the jury; misconduct Of
the prosecuting attorney and special coun-
sci in aguing the case to the jury; be-
cause the verdict of the jury did not con-
form to the instructions given them by
the court, and that six OF them were in.
duced to sign verdict of guilty" with q
modification, when otherwise they would
not have done so. Which modification
was in substance as follows, to-wit: 1--WE
recommend the defendant to the mercy
OF the court" error of law occurring at
the trial and excepted to by the defend
ant; for the reason that the verdict is
contrary to law and the evidence adduced
at the trial; Irregularities occurring in
the trial OF the cause, by which the de-
PENDANT was prevented from having fair
trial.
The motion will be argued on some day
during the coming week-probably Fri
day; and II it be denied, an appeal will
be taken to the supreme court.
Mr.. Edmiston seems to be of the opin-
ion that populistic hatred OF anything
and everything pertaining to banks had
its influence on the verdict--as one or two
Of the most ardent champions Of verdict
for conviction in the jury box were pop
ulists. The defendant told HERALD re-
porter that he proposed TO fight the case
to the end; yet he much regretted the
verdict, because OF the fact that he was
again forced to call upon his friends for
financial assistance, and they were in no
wise able to respond to the demand.
Mr.. Edmisten is still at liberty, which
is his privilege until the decision on the
motion for new trial. The penalty
under the charge is from one to ten years
In the penitentIary, but Mr.. Edmiston
says he would welcome death rather than
be subjected to the disgrace of imprison-
ment.