Capital journal. (Salem, Or.) 1893-1895, 1895-06-21
IE rHE CIRCUIT COURT.
swatts Pound 0unty Il Murder iF
the Second Degree.

inc the Jury 30 the case Of state W.
Alo.zo swaTts returned a verdict oi
pui .ty OF murder in the second degree
Swarts sat with bowed head and IN
moved as the verdict was read and one
Of his attorneys, John II. MeNary'
moved for a new trial. The court
Axed Saturday st p. u. to pass sen
teuce.
Ii is reported that the jury stood
Eve for.murder in the first degree, hve
for second degree, and two for man
slaughter. The result was compro'
mise.
THE MITCHELL CASE.
The case Of the Greet Northern r. Il.
e. vs.J.L. Mitchell was placed on
trial II the conclusion Of the Swar's
case. The jury empanelled consists Of
w. Foshsy, w. HeDdersbott, II. p.
Keller, l.. &. PooIer, f. Herren, Colonel
cole. w. r.. Bell, Fl. Munkers, F. B.
southwick, 5. ". Jones, w. P. Mas
4sy. and G. A. Ehlen. Witnesses for
tbe prosecution were examined and
when court adjourned the defendant
was on the stand aud resumed bis ties
tim3ny this morning.
DEPUTY Attorney Condit opened the
case 70 the jury Half hour was allow
ed 20 eaeh eide. He claimed Mitchell
was not suthorzed tO incur expenses
| in ac.iug AZ ticget agent for the Great
/ Northern. BynOn was to act as Mitch
elps assistant. He received and sold
tickets. Mr.. Condit msde a very strong
( and earnest appeal to the jury.
Webster Holmes opened defense BY
Sd owing that a criminal act anc
criminal intent must accompany each
other, and that au agent has right tc
keep principals money If he honestly
believes that part of it Is due him, aud
that Is not embeZZlement; even g
wrongful act was not necessarily
felony. If the defendant really believed
that be had claim against the rail
road company it might he wrongful oil
his part but not cTiminali he theI
briefly addressed the jury: defense ad
mitted receiving $40 more than tn
amount claimed in the indictment wa
due the company; II IL IL admitted tina
any part Of this money belonged I
Mitchell az commission, he had righ
TO retain It all until he had settled; nO'
part Of this money was DOnovan's an
II Mitchell Is indictable Donovan we
also indictable; Mitchell had not trie
A., 20 conceal anything in the whole cas-
as soon as he was well enough b
= rendered TIE money due the railroa
2 company.
John IL. McNary closed case for Il
y defense In mastery review; !
anRlyzed testimony Of Donovan, con
pairing his letters with bis testimon.
aud making a strong plea for M
Mitchell.
Mr.. Mccain closed the case for II
state. He made one Of the greatei
efforts of his life. Al this term
D. court tie district attorney has secure
a conviction In almost every case All
70 he did not seem 10 want 70 have b
II record broken In tins case.
.o The instructions given the Jui
BE- we're n substancs that they we're ~
" 10 lump 90 a oonolusloni they mu
ir bew 20 the line aud let the chips "a
"a whore they may; criminal intel
b. uiust be shown conversion 10 bis 0w
ir uss With Intent % steal " he had =
g. honest belief though ln sfroT, that
b" had a right - keep the money, hs
be- innoosnt, " be had any night % obla
as part uf tle money he would not
% guilty n partner Keeps pafinefsli
.d funds, part of which sfe bic, u wou
- cot be embefflsmeni, ifb be Was 10 n
iii ward all ths inpnsy And reoslss bAI
Ia bic commissions as eoHipennAilon ~
~ ksli ID bach aud eanYsftSd u ~
~ osu uss. he must bs gulliyi "
n- knowlugly. aud With lntsnl 10 perm
% nsuily depuYs ibe epinpany, and 4
~ 30 siih gully inlsni ~ siesi snd ks
iht sauis, ipsp hs 10 guiiiy bui "
sss noi guilty % ihs criminal aei nj
m1minai inrui he u noi Rulliy
ne ohafRed
,' Ihr joy in . shpn iiu,s bfpuEhi "a
p verdict ~ naI ugiiy, ooinplsirig
IguuunE Nf Altghsll " sil sfoa
uf| dMng sul hs sas hsaf'ily senEfs
n laiaf hy his ifisnds
lT Ihf 8nHnrNi suil ~ ihf saus
iL asfrn bs Mbse.sf sss nFki llui
80 inal
by IAs suofnfDs iai Alopsp nsslis Z
ihfy nll spiasi a. ihs sapsfisf ef
lu iiis event ihsi iudFs haiRsii
fpsrs ihfm . nFa ifisi