The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-25
THE MES CASE.
Opinion of the Jury and Prosecuting
Attorney on the Judges Action.


Last week d. Buchanan, a member of
the jury that tried Alfred Symes for
killing Constable Conlee, presented to
o. r. Holcomb. the prosecuting attor-
ney for Adams county, letter express
ing the position of the jury. The letter
follows:
Dear Sir-On Saturday. the 25th
inst, there was held a meeting of the
jury which sat upon the trial in the
case of the State VS.. Alfred j. Symes.
recently tried in the superior court of
Adams county, Wash, the Hon. Judge
Upton of Walla Walla presiding; the
said meeting being held for the purpose
of considering what action, If any, we.
as jurors, ought to take in regard to the
Judgment rendered by the court in said
case, wherein, under an Unprecedented
and assumed authority, Judge Upton
set aside the verdict of the jury. Among
other matters considered by the jury.
the following resolution was adopted,
namely:
Resolved, that we are of the opin-
ion that the judgment rendered by
Judge Upton in the case of the State VS..
Alfred j. Symes is gross error. and that
the public safety imperatively calls for
the legality of said judgment being
passed upon by the supreme court of
the state. To that end we advise and
request the district attorney to at once
take the necessary steps to appeal from
said judgment and bring the matter be-
fore the supreme court for speedy and
final adjudication. Provided, that, up
on full and sufficient investigation, 1t
is found that such a disturbance of the
judgment will not eventuate in opening
some technical loop hole in the law
through which the criminal might es-
cape altogether
ID. Buchanan,
President of the Meeting"
Concerning the above, Mr.. Holcomb
had the following to say:
1T is very probable the case Will be
appealed, in order to settle the question
of the verdict in all its aspects. Symes'
attorneys gave notice of appeal, but II
is evident IL was not given in good
faith, and the appeal will never be per-
fected by the defendant He is as well
satisfied as the case now stands as he
ever dared to hope. In any event, the
county attorney will be guided by the
wishes of the majority of the intelli-
gent and law-abiding people of Adams
county, as nearly as they can be ascer-
tanned. AS to Judge Upton's opinion
the Judge evidently did what he
| thought to be equal, exact and Impair
| tial Justice. While he denied the mo-
/ ton for a new trial. and decided that
4 there were no errors of law in the rec
/ ord prejudicial to the defendant. he. e
my mind. gave trial by jury the hardes
/ blow il has ever had. He set an entire
I " new precedent for nisi prius, or jury
trial procedure; one. however, which
believe few of the superior judges viii
follow. unless IL is sustained by the SUI
preme court. He put himself in tn
I place of the jury. which the constitu
ton guaranteed the parties. both plain
tiff and defendant, and proceeded q
carry into effect a judgment that n
fury rendered. 1 have privately though
and now publicly express. that do no
believe that /. or Judge Upton, or FEY
lawyers in the state, ever stood befor
more intelligent. fair and just jur
than the jury which tried Symes. A
10 the merits of the case. l feel tina
the state secured a just verdict i'm IN
first place. and that, II IL was not, III
prisoner ought to have been turne
loose, as innocent or justifiable."