The Athena press. [volume] (Athena, Umatilla County, Or.) 18??-1942, 1905-07-07
CONvICTS MITCHELL
JURY RECOMMENDS MERCY OF
THE COURT.
Single Juror Who Held Out Capitu-
lates On Condition That Jury
Make Recommendation.


hotel to the federal court room at 1.
o'clock Monday night the old MAJ
who for 40 years has played con
spicuous part in the affairs of Oregon
heard the verdict which convicts hin
Of violating the laws of the country
says the Portland Journal.
"We the jury find the defendant
guilty as charged in the indictment
and recommend him to the mercy OF
the court for leniency."
In the breathless hush that sue.
ceeded the reading of the verdict Sen
ator Mitchell 7 sat dazed, rigid, the
slow tears yelling to his eyes, Once
or twice with trembling hand he
stroked his long white beard while the
jury was polled and his attorneys gave
notice Of motion for new trial.
These formalities were soon over and
with slow and feeble steps he wake ed
toward the door, replying mechanic
ally to the expressions of sympathy
from the little group of friends who
crowded about him.
Senator Thurston supported the
tottering figure of his friend and
client, and Mrs. Thurston, the only
woman in the court room when the
verdict was returned, laid a SYM
pathizing hand on the old man s
shoulder. Slowly and sadly the little
company left the building.
For seven hours and half the jury
deliberated before reaching a verdict.
Six ballots were taken and five times
the vote stood IL for conviction and
one for acquittal. At last the one
juror who had voted for acquittal
yielded to the argument of his COM
panions, stipulating only that the
verdict should contain recommends
tion for clemency. To this his fell
lows agreed.
1t was five minutes after three
O'Clock in the afternoon when the jury
retired after receiving the instructions
of Judge De Haven. A throng of peo-
pie waited about the corridors in the
expectation that an early verdict
might be rendered, but as the hours
dragged by the numbers lessened.
Judge De Haven first informed the
marshal that unless the verdict was
rendered by 0 o'colck he would not
receive it until morning, but later he
extended the time until II O'Clock.
At o'clock dinner was sent into the
jury, but there was no sign as to its
progress toward verdict. Finally
at 10:35 word came from the locked
and guarded room that the jury was
ready to report. Judge De Haven
was hastily notified and word was
sent to Senator Mitchell and his coun-
sci. United States District Attorney
Heney, who had gone with friends to
the fair grounds, could not be reach
ed.
After the news that the verdict had
been reached was given out Senator
Mitchell was first to reach the court
room. He was accompanied by Judge
Q. I'll. Carey, who sat beside him un-
til the arrival of Judge Bennett. AL
most on the stroke of II o'clock Judge
De Haven entered from his chambers
and the jury filed into their seats.
Gentlemen have you agreed ON
verdict?" asked the court.
"We have" responded the foreman,
q. Steiner.
Silently the white envelope con-
tanning the verdict was passed to
Judge De Haven, who read it over and
then handed it to the clerk, CAPTAIN
Sladen, Every ear was strained to
catch the words as the clerk read the
Judgment of the jury, declaring John
H. Mitchell guilty as charged, but
recommending him to the clemency
of the court.
I'VE desire to- have the jury
polled," said Judge Bennett.
One by one the jurors responded in
the affirmative, as the clerk asked if |
the verdict was correct The specific
offense of which Senator Mitchell was
found guilty was the accepting of |
fees from Frederick A. Kribs for serv-
ices in expediting the patenting of |
timber claims in which Kribs was |
interested.
The measure of punishment to be
inflicted rests entirely with the trial
judge. Although the statute provides
for both fine and Imprisonment, it is
discretionary with the judge to impose
either or both. 1t has been the popu-
lar supposition that if convicted Sena-
tor Mitchell will necessarily be SEN
tenced to Imprisonment, but this is
not the case.
'It'is clearly established by repeat
ed decisions" said District Attorney
Heney in discussing this question,
that where the statute prescrihes
both fine and Imprisonment the court
need not impose both. The sentence
may be fine alone or Imprisonment
alone, or it may be both fine and i'm
prisonment.
Sentence will not be pronounced
until after the determination of the
appeal, which means delay of
months at least. If the case should be
taken to the United States supreme
court final decision might not be
rendered until next summer. If the
verdict should then be affirmed, Sena-
tor Mitchell must then pay the pen
atty of his guilt.
Pending tho appeal, the defendant