East Oregonian : E.O. (Pendleton, OR) 1888-current, 1906-02-03

agree with me, that there is no nee
essity of going over all these amounts
again. The defendant, himself, got
upon the witness stand and admitted
every item that we have undertaken
to prove.
I'm the beginning they were going
to prove that there never was any
shortage in the sheriffs office of
Umatilla county. A few days la :
they said there was a shortaF'
that somebody else got it. uu'
Raley got up here and s" ~ NJ,
prove these things to T. u' WI,
will never practice la >h,s jury or
don't want to put. Colonel Raley out
VI business Du' I want to say that
.'e citizen has the privi-
Ieee vi .dnging his mind. Colonel
Haiey Ill change his mind"
AZ .er a lengthy discussion upon
~" It Of the receipts and reports, Mr..
felps continued, "They got Mr.. Bu-
, chanan upon the stand and Colonel
Raley began to fire questions at him
and Mr.. Buchanan was ready and
willing to answer, and from the time
that that witness has been upon the
stand they have been afraid of him.
They have been afraid to point their
finger at him for fear Of an electric
shock.
why gentlemen. I woGld have
,,--,, I'D to have found that there
was a mistake In that report I don't
want to convict man when he is not
guilty. Does the jury think that
am trying to defraud Till Taylor out
of any money? I tell you it would
have been the happiest day of my life
if it could have been demonstrated
that no money was taken out of this
office. Gentlemen of the jury, it was
rumored last July that there was
shortage in the sheriff's office and
what should l do? Deny it or in
vestigate it? Investigation brought
out the fact that there was a short
age.
Il want to say, gentlemen of the
jury, that I have allowed a lot of
stuff to be brought in here that should
never been allowed here. When they
say that we are trying to clear Till
Taylor or Mr.. Funk or Mr.. Blakley,
or any other man at the expense of
this defendant, they are telling some
thing that they know nothing about.
I tell you, in the eyes of the law, that
no person should be above another
And l tell you while I am district at
torney of this office that they will all
look alike. l will give to this man
who hasn't friend on earth the same
consideration that l would give to the
first in the land.
81 am sorry that I stand here to
prosecute this defendant. I have
never had anything but the most
kindly relations with him. am sorry
but, gentlemen of the jury, we must
not allow sympathy or prejudice to
enter into this case. Gentlemen of
the jury, we are, for the time being,
occupying the same positions and they
just as well say that you are trying to
send this man to the penitentiary as
to say that I am trying to do it.
IF the evidence says, in this case, |
that this man is innocent why in
Gods name, acquit him.
After this rumor came up in this .
office, what did they do? They sent
for some expert to come in and expert .
the books, and you will remember, |
gentleman of the jury, that they have |
no interest contingent upon the re-
suit in this case. They We're paid !
their money and went on their way
rejoicing, and Mr.. Buchanan was
summoned back here by myself to |
testify as witness upon this trial.
Now Mr.. Taylor had turned over
everything in his office to C. z. Da-
Wis; his books his money and more |
important than anything else, gentle
men, his absolute confidence"
Here followed a lengthy discussion
of some of the testimony and of the |
receipts and records.
In conclusion he said: "I have done
all that is in my power to do. I have |
brought before you all the evidence
and after l have done that. my duty
is ended, and your duty commences. |
gentlemen"
Charge by the Judge.
1t was after $50 when Mr.. Phelps |
finished and Judge Ellis began at
once upon the charge to the Jury. |
When he had finished the bailiffs |
were sworn and the case turned over
to the jury at 6 o'clock.