Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, 1905-07-07
MITCHELL FOUND GUILTY
Jury Recommends Aged Senator to
the Mercy of the Court.

On the stroke of II o'clock Monday
night the jury in the case Of United
States Senator John III, Mitchell re-
turned verdict of guilty as charged.
The jury recommended the defend
ant to the mercy of the court.
The charge is that Mitchell, while
occupying high position, accepted
pecuniary compensation for practic-
ing before the federal departments at
Washington.
There was little belief in Portland
that speedy verdict would be reached
and, when the hours wore away, and
the jury hung far into the night, hope,
even among the remaining few in the
court room, ebbed to the lowest stage
A few minutes before II o'clock, the
bailiff was summoned to the jury room.
A moment later he reappeared and
communicated to those in waiting
that the jury had agreed
Judge De Haven, the attorneys and
the aged senator, whose last days were
to be crowned with disgrace, were
summoned, and in an incredibly short
time they appeared. Judge De Haven,
ascending the bench without remov-
ing his overcoat, directed that the jury
be brought in. They filed in and took
their places in the jury box. Captain
J. A. Sladen, clerk of the court, was
handed the verdict by the foreman,
and, opening it, proceeded to read it
amid the crash and the rattle of fire
works exploded in the streets on all
four sides of the court house.
Captain Sladen spoke low, and, with
the din without, but two sentences of
the verdict were audible, "guilty as
charged, ;" and recommended to the
mercy of the court.
The aged senator received the YER
dict with fortitude. Severe and evil
IDENTIFY unexpected as was the blow, he
showed no outward sign save by a
CHASTITY palor and a nervous stroking
of his beard that he felt the blow.
AS Captain Sladen concluded, Judge
DeHaven said: Gentlemen, is this
your verdict"
sit is, responded the foreman.
Clerk Sladen polled the jury, and
Judge DeHaven directed that it be
discharged. When these proceedings
were complete, Judge Bennett arose
and, on the part of Senator Mitchell,
moved for a new trial.
Judge DeHaven directed that the
motion be continued till next Monday
and declared the court adjourned.
All morning and a portion of the
afternoon was consumed by Heney in
finishing the last argument Of the
prosecution. He devoted large part
of the time in demonstrating to the
| jury that Mitchell must have known
where the alleged illegal fees came
from. In alluding to Mitchell's age
and long service, he compared him to
Lord Bacon, who, in his old age, not
withstanding his services to his
country, greater far than Mitchelps,
was tried and convicted by the house
of lords, and sentenced to be imposed.
Judge DeHaven delivered the charge
to the jury Immediately on the con.
clusion of Heney's speech. The
charge was fair and satisfactory to
both parties. He told the jury it was
| its duty to convict if there was nc
reasonable doubt as to his guilt, other
wise the verdict should be for aequittal
The gist Of the matter was whether
Mitchell knew at the time the money
was paid what and wherefor it was
paid, and whether he had done work
before the department expecting COM
pensation. This fact was for the jury
to decide
The case went to the jury at 8 80
o'clock.