The Athena press. [volume] (Athena, Umatilla County, Or.) 18??-1942, 1905-04-28
is A CLEAN SWEEP
SENATOR MITCHELL LOSES
EVERY COUNT IN PLEA.
Grand Jury Held to be Legally Con-
stituted Courts Decision Ex-
tends to Other Cases.

Judge Bellinger in court Tuesday,
ruled in the governments favor ON
every count regarding the plea of
abatement filed by United States Sem
ator Mitchell. Bellinger held that
the government could show by an
affidavit whether George Guiston,
the juror who it is alledged is disquali
fled, was capable of acting in that
capacity. District Attorney Heney
announced that he would file the
necessary affidavit at once.
The ruling, as it was provided, ex-
tended to the other cases in which
pleas in abatement were filed in be-
half of the other defendents indicted
by the same grand jury.
Every objection raised by Senator
Mitchell's plea in abatement to the
indictment found against him by the
federal grand jury was swept aside.
1t was signal victory for the govern
ment and Senator Mitchell will be
obliged to face trial in June.
Judge Bellinger's decision was rem
dered in a crowded court room, many
OF the leading members of the bar be
ing present. Senator Mitchell occu-
pied his customary seat beside his at
torney, Judge A. s. Bennett, but his
composure seemed undisturbed as the
elaborate defenses reared by his coun-
sci were one by one swept away by the
court
"This clears the decks" said United
States District Attorney Heney aftsf
the adjournment. ut ID @
sweep for the government and means
an early trial for Senator Mitchell up
on his indictment. A demurrer Ia still
to be argued but that is mere matter
of form and think the defense so re-
CARDS it. The indictment is all
right.
In dismissing Senator Mitchell's
plea in abatement Judge Bellinger has
disposed Of all similar pleas fled by
other defendants in the land fraud
cases, as it was stipulated that all
should stand or fall together. Some
demurrers remain to be argued but
they are regarded as purely formal.
In Senator Mitchell's case the de-
murrer is to be argued by briefs. Ii
the demurrer is overruled, as the
prosecution expects, the defendant
will then be compelled to enter his
plea, guilty or not guilty, to the in
dictment.
When Judge Bellinger entered his
court room every seat was taken and
standing room was at premium.
He proceeded at once to read his de-
cision. 1t is asyoluminous one, occupy
ing nearly an hour In thereading, and
cites numerous authorities in support
of his conclusions
Upon every issue raiseds the court
decided in favor of the government.
The contentious Of the defense that
certain Of the grand jurors were not
qualified to act; that Francis ]. He
ney had no right to appear before the
jury in the capacity Of United States
district attorney, and that Heney was
SO vindictive In his decision Of the de-
fendant as to prejudice the jury, were
all overruled. Finally the court sus-
| tanned the contention Of the district
attorney that the objections raised by
the defense could not properly be
raised by plea in abatement, and
therefore the court and not jury
must decide upon the legality of the
] grand jury's proceedings,
I ~ -. MSknhx9Ipa ..I1
that two of the grand jurors, Frank
Bolter and Joseph Essner, were not
| qualified to act for the reason that
their names were not on the assess
ment roll. Judge Bellinger held,
however, that this would constitute
disqualification. He said:
It has never been decided in this
state, 80 far as appears, that a prop
erty qualification is necessary to the
competency of a juror. A person may
be property owner and tax payer
whose name is not ON the particular
roll mentioned in the section in ques-
tion. There may be sheriff . assess
ment Of property subsequent TO the
making Of the List by the county court
from the assessors roll, and equally
conclusive of the fact that the party
assessed is a taxpayer.
The question was discussed at much
length and the court declared that the
objection went not to the qualification
Of the juror but only to the regularity
of the organization Of the jury.
a----------------i