The Montgomery advertiser., 1905-07-05
U. s. Senator Mitchell k
 Fighting Hard.
CONVICTION GREAT BLOW
Oreg0nian Seemed as Though
 Turned to Stone.
He Heard Words of Twelve reenu Amlast DuFst oH Eirsworks Bx. DledeA ia Heaes sf the
 Feurth oS July.

United States Senator Mitchell will ap- | peal his case from the decision cf last night. On Monday a motion will
 be made for new trial. If. as is ex- pected. this is denied. counsel for the convicted senator will eudeavor to bring the case directly to the attsn- tion of the supreme court of the United States. If possible the united States circuit court of appeals will be passed. District Attorney Heney said today he saw no grounds for an appeal In tds case 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 Portland on Septem- Der g.. If that tribunal shall ba ap- | pealed to. Judges w. W. Morrow. w. B. Gilbert and J. H. Ross will sit en banc and determine the points of law in the case and give their decision as to whether there are grounds for the case going to the supreme court. | It Is stated that the jury in the case of United States Senator Mitchell took | six ballots before arrivinE at a verdict. Five ballots showed eleven jurors for conviction.
 It is expected that the other indict- ment pending against Senator Mitchell. charging conspiracy with Senator Peu-
 ter and others to defraud the Govern
 ment of it's lands will he dropped.
 What penalty will be imposed by Judge De Haven can only be con5ectured.
 The statute provides for both impris- onment for not more than two years
 and a fine of not to exceed $10.000. Since the trial began Senator Mitchell
 has been at liberty on his own recog-
 nisance and this will be continued un-
 til after the sentence Is pronounced at least.
 l Cannot Resume Seat.
 Pending the appeal for q new trial
 Senator Mitchell will still be member
 of the United States Senate and will draw his salary as formerly. He may lappear in the committee rooms of the Senate and continue his duties as us- ual, but he-cannot until the case reach- les final disposition appear on the floor of the Senste aud resume his
 seat This will not be possible unless the decision shall be favorable to
 him. The convicted United States Sem
 ator left his hotel early today accom-
 panied by friends.
 All efforts on the part of the news
 papers to interview the senator today
 have been futile.
 l Amidst din and chatter of fire works, exploded in honor of the na-
 tional day of the country he had s-rv-
 ed as United States Senator during | twenty-five years of his life. John Fl.
 Mitchell listened to the words pro-
 nouncing him guilty of having violat- | ed the law which precluded him as | United States Senator from accepting pay for practicing before the depart ments of the Federal government.
 Those who had witnessed the trial or
 who knew Senator Mitchells great
 popularity in this State were so fully impressed with the belief that failure
 of the jury to come to an immediate
 verdict meant disagreement. that when
 1t was announced that the jury had
 arrived at the decision none but the
 little group of newspaper men re-
 mained.
 . With almost electric swiftness. how
 ever. the news circulated and when the
 bailiffs who had been sent scurrying | bring to the court Judge DeHaven. | United States District Attorney Heney,
 Senator Mitchell and his attorneys.
 Judge Bennett and Senator Thurston.
 and had notified the interested parties
 and had secured their presence. the room was more than comfortably i'll.
 ed.
 Senator Mitchell was the first to ap- pear then Judge DeHaven and Judge Bennett. Mir Heney was not preser
 and Senator Thurston did not reach the
 court room until the verdict had been
 read.
 Judge DeHaven almost immediately directed that the oury be brought in
 and they, Immediately filed from the
 jury room to their box. The judge in- ouired whether the verdict had been agreed upon and Foreman Steiner. of | the jury. replied that 1t had. The | verdict was handed to him in sealed
 envelope Judge DeHaven tore open and read the document and passed 1t to
 Captain J. A. Sladen. clerk of the court.
 who read 1t aloud While he read the
 verdict the noise on the outside had
 increased so that those in the room
 were able to catch but two phrases: Guilty and Tendency of the court
 As the word guilty" was pronounce
 ed. Senator Mitchell seemed as though | turned to stone. The nervous strok- | ing of his beard which had continued throughout the proceedings. stopped. | Not a muscle twitched until Judge Bennett arose and asked that the jury be boiled When he sat down. Sena- | tor Mitchell leaned toward the attor- ney and whispered: Tt was guilty" As the poll procts ded Senator Mitchell scanned each juror narrowly. hoping against hope that a negative would be heard from one of the twelve. As one after the other agreed to the verdict. MT. Mitchelrs lips drew closer and closer in the effort to steel himself against his evident disappointment. As the last man answered ives" Judge | Bennett arose and moved the defend ant be granted a new trial. Judge De- Haven set the rehearing of the motion for next Monday and then after dis missing the jury adjourned the court. | Then and only then Senator Mitchell showed plainly the mental torture he was enduring.