The Corvallis times. (Corvallis, Or.) 1888-1909, 1906-09-25
MAY co SCOTT FREE
SEATTLE COURT ORDERS ES.
THEIR MITCHELL AND
MRS. .CREFFIELD SENT
TO OREGON.
Authorities May Refuse to Accept
The NAN Oregon Commits
sion Must Declare Them
Insane Before They
Can Be Admitted.
-Othe. News.

Can Be Admitted.
Other News.
| Seattle, Wash, Sept. 81, UNLESS
Posecuting Attorney Mckintosh can
secure a writ of proh:b ii n from the
supreme court preventing Sheriff
Smith from Carrying outJudge Fra.
lter's order to take Esther Mitchell
and Maud Hurt Creffeld to Oregon
and turn them over to the superin-
tendent of the insane asylum as
soon as they reach salem both wo-
men will probably be free within a
few days at the outside. The find
ing of the insanity commission in
! King county has no effect in Oregon.
land before the superintendent Of
the asylum there would have legal
right to confne them an insanity
J commission ip Oregon must declare
them insane.
If the superintendent of the Ore
gon asylum obeys the laws of Ore
gon, he will refuse to admit the wo.
men to the asylum until they have
been committed In Oregon. If be
refuses to accept them, Sheriff
Smith will have no authority to
bring them back here for trial. A
writ of habeas corpus sued out by
Ithe women as soon as they enter
Oregon would prevent Sheriff Smith
from ever taking them to the asy-
lum. The order of Judge Frater is
not binding on any of the authori-
ties In Oregon.
/ To'prevent the Women from es-
Eeaping all punishment for their
crimes, and believing that the In
sanity commission was simply a
subterfuge, conceived and engineer
ed Tor the purpass of saving the
women from a trial for brutal
homicide: Prosecuting Attorney
Mackintosh will this afternoon or
tomorrow apply to the supreme
court for writ Of prohibition.
Judge Frater has declared that he
is satisfied with the work of the
co mmission and no appeal lies from
the orders which he has signed.
| Prosecuting Attorney Mack intosh
Is determined that the women shall
stand trial for the murder. He as.
serts that he will exhaust every le-
gal means within bis power to pre-
vent their escaping trial by jury as
the law provides. Mr.. Macintosh
! said this afternoon:
"1f l were to submit to those two
women being taken out of the state
without trial I would be unfit to
hold my ofice. Those two women
are going to be tried, and intend
to do my utmost to have them tried.
As long as I am prosecuting attor-
ney laws are going to be enforced.
No insanity commission can pre-
vent my bringing assassins to JUS
tice. If the jury wishes to turn
them loose, that Is their province.
"No court has a right to free
them and make life unsafe in this
community. I will not be a party
to any such proceedings. The wo-
men will net leave this county un-
til have exhausted every means
in my power to prevent it. shall
apply to the supreme court for a
writ OF prohibition. I will ask the
supreme court to aid in forcing
Judge Frater 10 try the women."
The clash between the prosecutin 6
attorneys Office and Judge Frater
of the disposition of the Mitchell
and Creffield murder cases occurred
this morning when tha report of the
commission was filed. Deputy Pros.
ecuting attorney Miller took the
floor and denounced the. commits.
sion in the strongest terms. He
declared that Judge Frater had not
lived up to the statutes, had not
] followed the statute in the conduct
of the commission. The law provid.
ed that it should be held before the
judge and Mr.. Miller declared that
| Judge Frater had not been present
at the hearing but a few hours al
the utmost. 5a
The fact that the commission had
not filed a report of the testimony
for the court to pass upon, Mr.. Mil
Ter declared was good reason why
the court should not sign the order
for defortation. The star chambers
refusal of the commission to lister
to the testimony Of DR.. McLeish
former superintendent of the insane
asylum at Stelacoom, because thai