The Oskaloosa herald., 1905-07-06


utes before IL the bailiff, as he had been
number OF times before, was sum-
moned TO the juryroom. A moment later
he reappeared and communicated 10
those in waiting the news that the jury
had agreed. ... %
The Verdict.
Judge Dehayen, the attorneys and
the aged senator, whose last days we're
10 be crowned with disgrace, we're sum
moned and quickly appeared. Judge
Dehayen assembled the bench without
removing his oyercoat, and directed that
the jury be brought In. They fled In
and took their places In the jury box.
Capt. slayden, clerk OF the court, re.
ceived the verdict from the foreman
and read II amid the rattle OF fireworks
exploding I'M the streets on all four
sides Of the courthouse. Capt. Slayden
spoke low, and because Of the din with.
out, only two sentences OF the verdict
were audible: Guilty as charged, )" and
Recommended TO the mercy Of the
court" "
Shows Fortitude.
Senator Mitchell received the verdict
with fortitude. Severe and evidently
unexpected, as IL was, he showed by no
outward sign save the CHASTITY paljor OF
his face and the nervous stroking OF his
beard that he felt the blow. As Capt.
slaydcn concluded, Judge Dehayen said:
Gentlemen, IN this your yerdict?"
ut H." responded the foreman.
Clerk slayden polled the jury and
Judge Dchavcn directed that II be dis.
charged. When these proceedings we're
complete Judge Bennett arose and on
the part Of Senator Mitchell moved a
new trial. Judge Dehaven directed that
the motion be continued until next Mon.
day, and declared court adjourned.
Case Will Be Appealed.
Portland, Ore, July 5.--Coungel for
United States Senator Mitchell Will APP
peal his ease from the decision OF Mon.
day night On Monday a motion viii
be made for a new trial II, ~ is ex.
pected, this Is denied. counsel for the
convicted senator will eDdeayor to bring
Z the case directly 10 the attention OF the
supreme court Of the United States. II
possible. the United States circuit court
Of appeals will be passed Upon being
questioned, District Attorney Heney
said he saw no grounds for an appeal
In the ease, and he believed that the law
would not allow the senator the right
OF further hearing. The United States
circuit court Of appeals meets IN Port
land on September q Pending the ap-
peal fora new trial, Senator Mitchell
will stlll be member OF the United
States senate, and will draw his salary
as formerly. He may appear in the
committee rooms Of the senate and con.
tInue his duties as usual, but he can.
not, until the case reaches final dis
position. appear upon the floor Of the
senate and resume HIS seat This will
not be possible unless the decision shall
be favorable 10 him.
Penalty Not Imposed.
~ Is expected that the other indict.
Tnents pending against Senator Mitch.
ell. charging conspiracy with Puter and
others 10 defraud the government Of its
lands will be dropped. What penalty
viii be imposed by Judge De Haven can
only be conjectured. The statute pro-
yidcs for both imprisonment for not
more than two years and for a fine OF not
70 exceed $4,000. Since the trial be-
gan Senator Mitchell has been at lib
erty upon hts own recognlzance, and this
will be continued until after sentence IL
pronounced, al least.