The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-07-26
SIX MONTHS AND
FINE OF $1,000
Senator Mitchell of Oregon Sem
fenced by Judge De Haven.
PRISONER ALLOWED BAIL
HIGHER COURT WILL REVIEW
THE CASE.

n ORTLAND. July 25.-Uuited States
Senator Mitchell. convicted of using
his office of United States Senator
L. further the law practices of the firm
of Mitchell & Tanner, of this city, was
today sentenced to pay a fine of LOO and
SIX months penal servitude. Pending a
review of the case by the supreme court
of the United States execution of the
sentence will be deferred. In the mean
time Mitchell will be placed under bail
10 the amount of $1,000.
Judge Was MercifuI
In DronounciIng sentence upon the
aged United States senator. Judge De
Haven said:
The statute under which the indict-
ment was found provides that the Of
Tense shall. be punished by imprisonment
of not more than $40 600 1t also renders
the defendant incapable of again holding
United States. As / construe the Ian
guagc of the statute the punishment
must be both fine and Imprisonment but
the court is given great latitude in fixing
The amount Of fine or Imprisonment The
court may make the punishment merely
nominal. In prOnOuncing judgment 1t is
not my purpose to comment upon the ev-
idence or the verdict found by the jury.
Age Was Considered.
In reaching a conclusion in this case.
7 have given consideration to the age of
the defendant. which may be taken into
account i'm mitigation of punishment. and
the further fact that he is forever here
after disqualified from holding office.
In view Of these facts and in consid-
Grafton of the nature of the Offense the
judgment of the court is that the de
PENDANT be imprisoned for six months in
the county jail of MultnOmah county in
this state, and that he be fined in the
sum Of 81. 600
MitcheI's Son Wept.
During the pronouncing of Judgment
Senator Mitchell watched the face of the
judge with intense interest. His face was
Jr.. the son who has been in close at
tendance upon his aged acknowledgements,
sat by his side and when Judge De Ha-
Ven uttered the words about imprison-
ment and the age OF the convicted man.
his frame shook with emotion and tears
came into his eyes
The senator said not a word nor did
he move a muscle save by the invOlun-
tary emotion due to his pent-up feelings.
When the words county jail of Multi
nomah county in this state fell upon
mis- ears, he sat one transfiXed. Then
started for the door. the aged defendant
arose and painfully made his way out Of
the scene Of judgment. and into the outer
world that has now turned against him.
Three Bills of Exceptions.
Ex-senator Thurston. senior counsel for
10 say on behalf Of his clients plans other
than that the case would be carried to
There are now three bills of exceptions
file in the case
The conviction and sentencing of Sen
ator Mitchell does not render his office
vacant. This principle was determined
In the Burton case. If the supreme court
affirms the Judgment of the trial court
however, the action Of the higher court
will vacate the office. Otherwise the
governor Of Oregon viii have no power
TO appoint a successor TO Mitchell An
appeal will be taken shortly. the prelim-
mary steps having already been taken.