Daily capital journal. (Salem, Oregon) 1903-1919, 1906-01-08
KELLTHER
GIVEN
FIVE YEARS

ist. convicted Of forgery in connection
with the land frauds, was this morning
sentenced by Judge Burnett to serve
Eve years in the penitentiary, and to
pay the costs Of the trial
When the case was called this morn
ing. contrary to expectations, the attor'
news for Mr. Kelliber did not file .
motion for new trial, but simply
made some statements, and placed Mr.,
Kelliher on the stand in an effort to
show that the court should impose tho
minimum penalty Of two years. They
stated that they had not fled a motion
for n new trial, because none could be
filed except on a question Of law, and
that an such questions had been dis
cussed and ruled upon, both before
and during the trial, and that they had
no new arguments to offer upon them.
They simply wished TO make few
statements Of facts, that were not
brought out IN the trial. They had
Kelliher take tho stand and give tes.
timony regarding some certificates and
statements from hand writing experts
Of national reputation, who had exam
ined a number Of the applications which
Turner claims 20 have forged. and
which Fiey say Turner could not have
forged. Kelliher also stated that be-
had never urged or told Turner 10
forge any names or do anything that
was not strictly In accordance with
law, that be would az soon have a
raitlesnake IN bis possession as a piece
Of forged paper that he had never
had the slightest suspicion that tho cor
iidcates wero not genuine, In proof of
which he stated that he had sold some
of them 10 bis best aud dearest friends
aud IN many cases had guaranteed that
they were genuine from start 20 anish.
Mr. Bingham, In commenting on the
testimony Of Kellihcr and In making a
plea Tor tho minimum penalty Tor bis
client, stated that Kelliher was con.
vieted solely upon the testimony Of
Turner, and that there was no justice
or humanity In tho fixing Of a long
sentence upon a man whose honor and
iaiegriiy had never before been called |
10 question upon the testimony Of such |
man a. Turner He said there was
no justice Ia tho verdict, and that In
tho present state Of public opinion Il |
would be unfortunate II any honest
man who had ever dealt 10 state lands
should be compelled 20 20 10 trial.
Prosecuting Attorney MeNary 70 |
fused 20 make any statement. saving
that tho case had been tried before
jury and had been settled.
The court stated that the verdict Of
the jury was and must remain a fixed
quantity with tho court, and that The |
court had no power 20 permit re.sr,
animation Of the facts lie aid there
we're circumstances which authorized
'he jury 20 bring Ia the verdict tbstl
'hry did' and also that they were AN.
IhoTized, II they thought proper tol
bring In a verdict Of aeauittal but
since they had chosen 10 find the IA
iendant guilty, tho court could no, IN. !
'eIfeTe The judge also stated that tbs
testimony had shown that this si,.pn.
Stance upon which he had been con
''''ed was but a small part Of a large
number or Transactions and thar ~
''s''mony bad been uudisputeI in which /
F" was shown that Kelliher bqd f,,.
a'shed all the money Tor the maxine ~
payments upon an the applications 70,
'.' purchase of school land which ws,s
'"'',1 ,. 10 evidence, and that in 5oiDo
TINS DO was 90 say the least -
'A' law IN that he vas securing thon.
sands OF acres Of land, when tbs La
restricted the amount that ans -.
'e permitted 20 hold 10 8aOl
., 's'7' In the administration OF Justice /
vac court could hot lend itself N I. ~.
',''l, He'theF could it, in the face %
,ne i'e' that the law provided thai
o'' "Ao had Pleaded guilty 10 ths
1-A'se o' obtaining IS under much ~
e,le !. ne circumstances that the iurv 49,
A,.'iAe' obtained many Thousands osl
golfers should serve one year In tbs
I i'l'''n'iary' be justified in giving Ken i
'-,i sentence Of two years In tbs,
,1s' IL would be said that the g,eat
1-l powerful criminal escaped punish
en- when the weak we're made -
sue s-us'' Therefore, the sentence w..
lA5 DNSa az hye years in the penitepti,,v
'DT T,a 'lo a'f'ntaat to pay the costs
TIE attorneys for the defsrs.
gwen gwen ten days in which TO fle a bons -
',P'''ls, and a writ OF nrob.h,. -