The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-07-15
THE CONVICTION OF
SENATOR MITCHELL

PORTLAND, Ore, July ave,
the jury IN the case of the United
States against John Fl. Mitchell, find
the defendant guilty as charged in the
indictment, and recommend him to the
mercy Of the court for lenienev.
&c. STEINER, Foreman.
With the reading of this verdict at
IL O'Clock tonight closed the greatest
trial in the history of Oregon. With
exultant patriots firing bombs in the
streets outside, a United States
Senator, for years the Republican boss
OF the State, whose SEVENTEEN birth
day occurred on the opening day of
the trial two weeks ago, heard him
self convicted Of aiding to defraud the
United States. It was a most dra-
matte ending Of the great land fraud
Investigations.
The jury had been out ever since 8
O'Clock this afternoon. At 1920 they
called for writing materials and it was
known that the end was near. Judge
de Haven had held himself in readiness
up TO IL o clock, and he was sent for.
As soon as the jurors appeared after
their long vigil, the packed, hushed
throng IN the little room knew the
purport of the verdict, for every man
looked carefully at the Judge, never
casting an eye at the cid man on the
bench before them. who, stroking his
long gray beard with nervous fingers,
awaited his fate.
Not a r1uSeia IF the Iud~a.s faaa
moved as he read the sealed verdict
and handed it to the clerk to be an
nounced- Senator Mitchellis shoulders
dropped trife as above the noise of
the celebration outside sounded the
clerk S voice. When II was over the
Senator was slow in moving. Mrs.
Thurston, wife of ex-senator Thurston
of -,ebraska, the senior counsel for the
defendant, put her arm under his and
assisted him TO the outer air Ex-Sen-
ator Thurston asked the court for a
new trial. The argument for this viii
be heard next Monday.
1t had been confidently declared by
the Senator'S friends that chung
jury was the worst they looked for
The last argument to the jury was
made today United States District
Attorney Heney occupied the morning
and the early part of the afternoon in
a powerful presentation Of the evil
dence on which the prosecution relied
for conviction. In marked contrast
TO the appeals made by the defendant s
counsel TO the sympathy of the Jurors,
Heney addressed himself strictly to
the facts as shown by the evidence.
Logically, tersely and with vehe-
menee that bespoke absolute conviction
of the defendant guilt, he reheafsed
the proofs of the prosecution. The
specific charge was that Senator Nit
ehell appeared before the State De-
partment TO expedite land claims for
which his partners had received fees.
Heney concluded his argument at
2:35 clock tins afternoon and Judge
de Haven Immediately delivered the
instructions 70 the jury.
The glst Of the statute under which
the Indictment was brought. the court
held, was the receiving of money by
the defendant for services rendered.
The mere rendering of services was not
sufficient TO indict, for 1t was not IN
lawful, but If he had knowledge at the
time ne received the checks from
Tanner that they were In part made
up of the money paid by kribs and if
ne had done the work before the de-
partment expecting compensation, then
he was guilty under the indictment.
This fact was for the jury to decide.
The Judge cautioned the jury
against placing too much credence in
circnmstantial and collateral evidence,
though at the same time telling them
that such evidence should be given all
the weight deemed worthy by the Jtry.
The fact that the defendant had not
testified was not TO be taken against
him. for it was his privilege not MS
duty 10 TESTIFY.