The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1906-10-17
Judge whitson sustained this con-

Judge whitson sustained this con-
tention and directed the jury to re-
turn verdict of not guilty without
leaving the jury box.
No unprecedented person could as
certain from the evidence any good
reason for bringing the action.
There were originally four counts
in the Indictment, one of which was
dismissed by the government and no
| testimony whatever offered under
this count. 1t appeared from the
| testimony that Mr.. Presby, who Is
one of the leading attorneys of
Klickitat county had performed SER
vices outside of his duties as United
States commissioner, for each of the
| entrymen who had made final proof
before him, for which he was en-
titled to charge a fee as any other
attorney.
| The services were paid for in
lump sum when the final proofs were
made. In some cases the aggregate
exceeded by small amount the
fees which Mr.. Presby could legally
charge, hence the prosecution.
| Judge Whitson in passing upon
the motion of defendants attorneys
after the arguments were closed
said:
| 81 know of no rule of law that
does away with the necessity of the
government in prosecutions of this
kind in proving its case. To indulge
in any presumption here would be
to shift the burden of proof on the
defendant to show his innocence.
"Their case stands this way:
There was lump sum paid, and the
witnesses have testified that he did
certain things outside of the line of
his duties as commissioner; that he
did certain things which are speci-
fically shown to have been done I'M
der the statute. 1t is here in detail.
If there was any evidence at all from
which the jury could say that he
charged too much for this work,
which is here in detail, then the case
would have to go to the jury, but no
man on earth could figure out any
acts-there is no basis to act on.
There is no violation of the law
which would for a moment sustain
a verdict; there is nothing pointing
to moral turpitude, nor anything in
consistent with the most upright con-
duct so far as the proof is concerned
here. The government has to prove
its case, and it cannot expect the case
to go to the jury where there is ab-
solutely no testimony upon which
the jury could find that he has charg-
ed more for these items in evidence
here than the law allows.
81 think if was in the defendant !
l,,1o 7 4 l., a.. ~
jury and introduce no evidence what
ever, but he has not seen fit to do
that, and there being no evidence
whatever, the verdict must be one
of not guilty.
Mr. Presby is the Republican
nominee for Joint senator from the
counties of Klickitat and Skamonia,
and for almost a quarter of a CEN
fury has been one of the leading
citizens of his home town No one
who knew him believed him guilty
when the charge was made. When
he became aware Of the fact that the
charges were under investigation
he came at once to North Yakima,
and against the objection of the re
representatives. of the prosecution,
who endeavored to have the trial
postponed until after the election,
insisted upon immediate trial. the
result is his complete generation.
At the close of yesterdays session
federal court adjourned to October
goth. On this date the Mum case
will be taken up and argued. and a
decision is expected as to whether
the accused is to be taken back to
New Westminster or not