The Colfax gazette. [volume] (Colfax, Wash.) 1893-1932, 1901-07-19
DR FRANCES VERDICT
Jury Out Nearly Four Hours
and Took One Ballot.
Took the Whole Thing As a Joke
and Said Reed Got the
Shawnee Wheat.

Alter a trial of IL days, Chas
DeFrance, charged with completely with
VIM. Clifford in larceny of 10000 bush
els OF wheat and the grainsacks contain
ing it from the Shawnee warehouse, was
acquitted Thursday evening of last week
on the change of venue trial at Walla
Walla
The jury was out three and three
quarters hours, and the report to the
world is that but one ballot was taken
The jury room news is that this was
unanimous. Part of the time was taken
up with dinner.
The instructions of Judge Brents
seemed entirely fair and impartial, and
were lengthy and exhaustive.
The case was hard fought with Hanna
x Hanna of Colfax, F. c. Robertson Of
Spokane and Garrecht & Dunphy of
Walla Walla defending, and M. o. Reed,
Prosecuting Attorney Neergaard Of
Whitman county, Prosecuting Attorney
Oscar Cain and w. Z. Dovell of Wala
Walla for the state
The jury handed in a supplementary
verdict to that acquittng MIR. DeFrance,
reciting their belief that Mr.. Reed stole
the wheat, SO it is said.
The total cost, which is heavy, must
be borne by Whitman county alone. ln
case of conviction it would have been
paid by the state.
What the Union Says.
The Walla Walla Union of Thursday
contained the following report of the
trial and it's ending:
ave the jury in the case of the state
of Washington VS.. Charles DeFrance,
al In no q Mt nv "a
was the decision of the II men who
have been for IL days held as hostages
of the law in the little cell-like jury box
at the county conrth After it was
rendered they walked out from the court
room free men once more after a period
of Imprisonment and isolation which
brought them so they might sympa-
thize with the suspense and terrOrs OF
the defendant himself. The verdict was
greeted with a demonstration which
called forth a severe reprimand from the
court. Those who had been the cause
of this afterward besought the pardon
of the bench, which was accorded them.
The closing arguments for both de-
tense and prosecution were brought to
completion during the morning hours
and at 1890 O'Clock the Jury retired
after listening to lengthy instructions
from the court. The deliberations lasted
just three and three fourths hours, the
final decision being rendered at Ala
O'Clock. As the return was not expected
for several hours longer there were not
many present when the baiiff came into
the chambers, where Judge Brents was
engaged IN settling some OF the business
OF the session, and announced that the
tn iot
ever the news that the famous case was
ended Travelled fast and by the time the
attorneys had been summoned fully 200
persons had assembled eager to aecer-
tain how the 2 men who have been 10
collective confinement so long, would
pass upon the testimony of the state
and defense. The defendant, who has
during the entire trial been on bond,
walked briskly into the courtroom with
just trace OF anxiety written on his
rotund cOuntenance. The majority of
the spectators and court officials fore
casted acguittal
The jury was brought in and the roll
was called. There was q hush of sus-
pense and expectation as the little paper
clip was handed by the foreman to the
bailiff and presented to the court.
DSPoNy OiCih Slo"tN Itdu Ule WoEuS
that set the prisoner at liberty. Then
occurred the demonstration that was
sternly rebuked by the court as being a
trespass upon the dignity of the occa-
sion. The verdict was received and the
prisoner and jurors ordered discharged.
Court was then dismissed and the
June" term OF the superior court for
the trial of jury causes was at an end.
The DeF'rance case, as it has been
known in all the papers and periodicals
OF the state, was on charge by the
authorities of Whitman county that the
prisoner was concerned in the abstrac-
ton OF some 5000 bags of grain from
the Shawnee warehouse in that county
William Clifford was convicted of the
crime IN the superior court of Whitman
county several weeks ago, but DeFrance
asked for a change of venue which was
given with the result stated. The charge
was made that DeFrance was aware of
Gllford's act in committing the crime
Yesterday he was proved to be innocent.
The jurors in the case were:
}. 5. Wickersham, Patrick Ayde, Heber
White, Vernon Walker, Robert Stewart.
Jack Mackay, j B. Wilson, Nicholas
Morltz. Henry Sanderson, D. Barnes, C..
F. Carts, j. B. Durham.
MEETINGS OF IODCES