The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1907-08-28

jurors IN The box aud ten more u
select the trial OF Attorney pavit
Mitchell will proceed tomorrow after
noon in Supeior Judge Melvin's court
The task OF empanelug a jury for this
ease is long and difficult one. All
day Thursday the attorneys for the de-
tense and prosecution were able 10 pass
on but two talesmen out OF the many
that were examined.
Assistant District Attorney W. II. l.,
Hynes is conducting the examination OF
jurors for the prosecution, while the
same proceeding Is being done in Mitch.
ellis behalf by Judge Friek.
The questions fired at the tales.
men tend to bring out any bias or
prejudice that the men might have
against the aged lawyer, because he Is
tried on the serious charge Of attacking
li'year.old Evelyn Walker. Many Of
the peers say that they would he In
elined to feel hard against man who
ie said to have coaxed little girls into
his Office.
This Is Mitchell's second trial on this
otTense. Nearly two years age he was
convicted by jury in Judge Harris
court and sentenced to serve seven years
in the penitentiary at san Quentin.
On some thirty odd exceptions taken to
the rulings OF Judge Harris new trial
was granted by the Appellate Court
few months ago.
Judge Harris refused to allow In tea
timony the alleged coercion OF the Walk,
er girl into swearing to complaint
Mitchell with the crime II is
said that Charles 7. Brown. carpent'
er, now serving two and one half years
at San Quentin prison for forgery, and
the father OF Berniee Brown. now Mrs.
Flynn, told the Walker girl that unless
she charged the aged attorney with the
crime OF attacking her she would be sent
to the reform school. His own daugh-
ter, Bernice Brown, was the one who
took the Walker girl TO Mitchell's office
n the Blake 4 MofIltt block, on Broad
way, where the alleged attack was said
o have been made.
1t was attempted by the defense in
he former trial to show that the prose.
uting witnesses had been girls OF the |
treet. This testimony was excluded by |
he court, who would not allow tcsti.
nony concerning the characters OF the |
,irls. He also denied Mitchell the right
o tell Of the manner in which Brown
lad attempted an alleged blackmail.
Brown, Mitchell says, went to him and
demanded money to keep him from
'aging prosecution. Brown Is said to
ave visited other prominent men in
oakland in attempts to blackmail. After
Brown was in Jail for forgery he con.
ded in two fellow prisoners, Robert
iousefeld and Ed Howard, that Mitchell
hould not be sent 10 jail. The forger
aid that had Mitchell come through with
little money, about $500, he would not
ave been prosecuted.
Mitchell will attempt to prove an
libi.
Since his stay in the county Jail Nit
hell has not forsaken his study of law,
le had a large practice before he was
rrested and held in Jail in lieu Of $l0,.
90 bonds. To keep well versed in his
rofession Mitchell has kept his law Ii.
rary, or a portion of it at least, and
penis much of his time in study.
Not only has Mitchell been studious
his law matters, but he has been chief
hef Of the Jail, He is very good cook
nd gives more appreciation than any
risoner ever before held in custody in
he county Jail. Chief Jailer White has
great deal of trust in Mitchell. The
Imprisoned attorney has in his charge
ing knives and kitchen utensils that
'ould make excellent weapons for some
the desperate criminals, but he keeps
hem under lock and key, as he does
II the stores, and Jailer White has no
orry from this source.