Daily capital journal. (Salem, Or.) 1896-1899, 1899-02-11
BOX FRAUDS
District Attorney Makes an Effort to
Reverse Judge Burnett.
The Court Refuses to Consider Argu-
ments Because Defendants Are
Not In Court.

District Attorney s. l.. Hayden, By
his deputy, John II. McNary, died q
motion TO set aside the order Of The
court, 10 the ballot fraud cases, by
which the demurrer OF certain OF
the defendants 10 these cases, TO the
indictments, was sustained, and the
indictments, quashed The motion
Is based upon the following grounds;
First: The court erred and mistook
the law in sustaining the demurrer
lnterposed by certain OF the defend.
ants.
Second: The court erred and mis-
took the law respecting the alleged
inyalldlty OF the grand jury en-
paneled at the other term, 1898, and
also with reference as 10 the substltu-
tlon OF one Of the jurors from the
regular panel In place Of the Juror
who vas first drawn, and excused
on account OF sickness, and the court
erred 10 sustaining the demurrer Of
the defendants.
The court fixed the time for hearing
argument on the motion at . O'Clock
Saturday morning The attorneys Of
both parties being ready 10 proceed
with the argument. Judge Burnett
decided that he would not hear the
matter as the defendants we're not IN
court.
M. Il. POgue, who appeared for l.
V. Ehlen raised this point Ia favor OF
his client. and as IL was the ruling
which Judge Burnett had made
against him In the Wit case the court
was compelled 10 take It's own med.
lclne.
District Attorney Hayden sug. |
gested that defendants were under
bonds that required their preso nee,
and their failure 10 be presant was
sufficient cause To forfeit their bond
But judge Burnett would not enter.
tain his motion 10 that effect.
Attorney Bingham for Carson,
darcy et al. objected 10 hearing the
motion OF the district attorney on the
ground that the time the first lndlct-
ments were quashed defendants we're
excused from attendance and were
bound over 70 the grand Jury that
sits Monday
Sam Hayden Is not happy oyer the
outcome. The decision Of the SUI
preme court sustains the validity OF
Lhe hrst grand Jury, whose lndlct-
nents In the ballot box frauds Judge
Burnett squashed. Wit remains in
tate prison convicted for a miner Of
'ense under that indictment. Mellett,
sill In dufance vile for stealing an
DID saddle or shotgun, will probably bc
'ent to the pen under Indictment by
,he grand Jury Burnett held defective.
The situation has become very COM
DlIcated and all this Is favorable 20 |
he defendants In the ballot fraud /
'asos and they are correspondlngly
Hated.
DOCKET ENTRIES.
Following are the docket entries
made ty the court yesterday:
E, II Flagg vs., Oryil Dodge. action 1
or money; continued 10 June term b
Or service. A
Herman o. Bardsdorf ". A. W. b
ette ct AL, action for money; settled, a
j. A. Austin et al. vs.. n B. Cone ct II
lr action for money; default and b
Augment. n
A. L. Gilbert Vs. Laura NJ. White d
lan, ct al, aotiln for money; settled. Il
IL, A. johnson vs.. l.. &. Henderson
AL, action for money, settled. e
Il. Z. Lehmanowsky vs.. II. l., Pal. 1
ler' action fof money; dismissed Tor o
ant OF prosecution, I,
NJ. Butala vs.. Claude Norton, action 81
" money continued. A,
j. w. Vandeleur ct al, vs.. ]. w.
ong et al, action for money; default a
nd judgement. M
ln case OF Arabelle Bailey vs.. II. II. ID
umpheys aud Edith Humphreys, a "a
oIlot 20 correct Journal entry was bt
gued by ID, G. sherman, and Al. a,
we'd nunc pro tune,