The Athena press. [volume] (Athena, Umatilla County, Or.) 18??-1942, 1906-07-31
A Warrant Is Issued For Ar
rest Of Mckinley.
HOGE NOW SERVING SENTENCE
Must Serve Four Months in Multno-
nah County Jail and Pay a
Fine Of $500.

Horace q. MoKinley's name fgur-
ed prominently in the court proceed
iugs at Portland Saturday. On motion
of Prosecutor Heney, the bond Of Nc
Kinley was forfeited in two land fraud
cases, in one of which he was convict
ed, and bench warrant was issued
for his arrest. Mckinley is at pres
ent in Shanghas, China, safe from ex
tradition. The bond in the case in
which he was convicted was $4,000,
aud the sureties are Eugene Blazier
and John Grant, friends of Mckinley
while he was treading the primrose
path.
Marie Ware Mckinley, wife of the
fugitive, appeared in court, and by her
attorney, Lou Tarpley, entered a plea
of not guilty in case No. 1887, in
which she was indicted jointly with
s. A. d. ..Puter, Horace q. Mckinley,
Mrs. Emma Watson and several 9th
ers
At the request of the government,
severance was granted for Congress-
men Binger Hermann and j. N. Will
Hanson in the Blue mountain reserve
case. This is the case in which State
Senator Franklin Pierce Mays goes to
trial August 8. Proceedings against
Hermann aud Williamson were post
poned until the next term of court
When the case of Martin q. Hoge
was called, Special Assistant Attorney
General Heney, who has conducted
the prosecution, arose and said that
DIR. K. A. J. Mckenzie had informed
him that Hoge's present condition OF
health is not such as to enable him to
Withstand imprisonment without
danger of injury and decline. The
illness was only temporary. but the
difficulty in the way Of postponement
of sentence lay in the fact that Hoge
could give no bond. A short sentence
would satisfy the law.
"If it were not for his health" adj
ded Prosecutor Heney, 81 wonld urge
that he be given the maximum OF pun
ishment, as he is an attorney-at-law
one whose sworn duty should have
prevented him from advising persons
to offend against the government.
Hoge told of his present condition
of health, said that his mother and
her two brothers died of consumption,
that his mother was bedridden IL or
l5 years and that for 10 Of those years
he looked after her.
Judge Hunt remarked that 1t did not
take physician to see that Hoge was
man Of delicate health.
II fear long imprisonment would
imperil your life" be, added address
ing Hoge.
The prisoner. clutching at a straw,
said that he thought he could raise a
small amount of fine, somewhere near
the maximum, if that were made his
sentence. He would have said more,
but the court cut him short.
Remarks on the duty of lawyers
preceded the passing of sentence.
Judge Hunt spoke Of the present be-
ing nm age of commeIoialism and that
many thinking men were of the opin-
ion that this instinct had caused a
quiesoenoe, if not a deoadence, iu the
profession of the law. It being time
when attorneys should speak out clear
ly for the right. 1t was with pain
that he was confronted by an attorney
who had proved recreant to his duty.
Telling Hoge that it was solely due tc
his PHYSICAL condition that light
sentence would imposed, Judge Hunt
advised him to go back to Medford
after he rogains his freedom and
build new aud better reputation in
tho community in which he was dis
graeed. Then Hoge was sentenced tC
serve four months in tho county jail
and pay fine of $500.
As Hoge has no money, his sentence
means that he will spend five months
in Jail. The additional month will
enable him TO go into court and take
the papuer's oath, thus compelling the
government to release him without
the payment of n fine.