The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1895-02-21
FIFTEEN LONG YEARS
X N. SLEEVES AWARDED THAT
TERN IN THE PEN.
He is Also Mulcted in the Sum OF
One Thousand Dollars as
Fine,

| PORTLAND, Or, Feb. 16-Impris-
onment in the state penitentiary at
| Salem for the period of fifteen years
and a fine Of $1,000 was the sentence
imposed by Judge Stephens today on
| Xenophone N. Sleeves, lawyer, con-
victed Of manslaughter and compli-
city in the murder of George W..
Sayres.
The sentencing of Sleeves. the code
fendant in one of the most remarka-
BILE murder cases that ever occupied
public attention in Multnomah county,
was a prosy and formal affair. 1t was
conducted in a quiet businesslike
manner. Sleeves heard the decree as
matter of course. and assisted his
counsel in the necessary legal steps
to appeal his case immediately to the
supreme court. The sentence almost
reaches the limit of punishment for the
crime of manslaughter-fiftee years
imprisonment and $1,000 fine.
The motion for new trial filed sew
ern days ago by Rufus Mallory, his
attorney, was to be heard this morn
ing, but when the time for argument
came the motion was withdrawn, and
then sentence WIS passed by the
| COURT. The defenS,- n4xt presented q
motion of probable cause for a new
trial pending AN appeal to the supreme
| 'ourt, which was granted. A notice
= appeal was furnished the district
!. torney, and the $4,000 boud on ap-
D ii appearing satisfactory, the defend
ant was allowed to retain his liberty
When the attorneys took up the dis
~ %1,o
stock of stenographic notes of the
trial. the states counsel and the de-
fense reached an agreement whereby
the cost of the transcript, which will
be quite large, is to be divided between
the opposing sides. The stenographers
will go to work at once on the matter
finish the work by March 18th.
The motion to set aside the verdict
is made ON the ground Of misconduct
of Juror E. Charleston, who, it is
claimed, was prejudiced. 1t is as fol-
lows:
"Comes now the defendant. x. N
Sleeves, by his attorneys, and moves
the court co set aside the verdict of
the jury rendered in this cause against
him, and to grant a new trial upon the
following grounds and for these rea-
sons:
"First- Misconduct of the jury in re-
turning a verdict of guilty Of man
slaughter against the defendant with
out any evidence to justify such ver-
dict, and the misconduct Of e. Charles
ton, who swore in his examination as
to his fitness to serve as a juror in this
case; that he had not formed or eX-
pressed an opinion as to the guilt or
innocence of the defendant, Sleeves,
whereas in truth and in fact he had
formed am opinion adverse to the de-
fendant, x. N. Sleeves.
"Second-The defendant was taken
by surprise which ordinary prudence
could not guard against by being COM
PEELED to be tried upon an Indictment
which did not advise him of the nature
or cause Of such advise.
"Third-1nsufficiency of the evidence
to justify the verdict rendered by the
jury, and the same is against law.
Fourth in law occurring at
the trial and duly excepted to by
counsel for the defense"
Sleeves attorneys are quite sanguine
Of securing a new trial from the su-
preme court. They fully believe they
have undeMable grounds for demand
ing that the lower courts decree be
overruled. When the transcript on ap-
peal shall have been filed it will show
a most carefully prepared recitation
of the defendants grievances against
the conduct of the jury. The discharge
Of Juror Dammeier will figure con-
spicuously in the case, as well as the
| alleged prejudice of Juror Charleston
against Sleeves. After months of care
fuI 1.oyniayu iii will ha for the sIlIlreme
court to say whether unfairness was
shown on the trial.
Mr.. -tSeeves says there is no doubt
| about the result, and the lawyers
| friends assert that he cannot be con-
victed a second time ON the same tes-
timony as adduced ON the first trial.