Los Angeles herald., 1907-10-09
2 YEARS FOR
v. MITCHELL
mNNocENT,y CRIES PRISONER TO
COURT
DEFENSE WILL APPEAL FROM
DECISION
Man Convicted of Shooting Mother-In-
Law Denies Story That He Con-
fessed--New Evidence
Alleged

II am not guilty of the charge" de-
clared Viron D. Mitchell yesterday morn
ing in court when asked by Judge Wilbur
If he had anything to say before being
sentenced.
Two years in San Quentin said the
court, and Mitchell went back to his seat
by his mother, who has been at his side
throughout his trial.
Attorneys Danford and Wills moved for
a new trial on the ground that there was
new testimony which would alter the
case. The testimony referred to was that
of two men who claim to have been with
Mitchell at the time the shooting oc-
cured The court denied the motion and
sentenced Mitchell In accordance with the
verdict of the jury which Saturday de-
clared him guilty of assault with deadly
weapon upon his mother-in-law.
The attorneys for the defense gave no.
tice Of their intention to take the case to
the court of appeals.
Mitchell will never have to serve the
sentencer said Danford after the court
had given it's decision.
The following affidavit was filed by the
defense before the motion for new trial
was made: "Viron D. Mitchell, being duly
sworn, on his oath says he is the de-
fendant in the above entitled action; that
at the trial of said action in the court on
October 5, 1907 Paul Mccormick, deputy
district attorney, made the following re"
marks In his address to the jury, to wit:
You know, gentlemen, as we'll as l DO
that this story of the defendant and his
witness that he was downtown at the
time of the shooting was concocted by
him and his attorney. Mr.. Danford and
is not true And the affiant further says
that 1t is not proved by. the evidence In
the action, nor Is 1t true that he and his
attorney concocted any story in regard to
the issue in said case, nor was the testi-
mony of afflant and his witnesses given
at said trial other than the truth.
Lawyers Angered
Both attorneys for the defense are
angered over the language of the prosecute
ing attorney, which they claim was not
warranted and was prejudicial to the tes-
timony.
No complaint had been drawn charging
Attorney Danford with subornation OF
such complaint nor have thought of
doing so,' said Deputy District Attorney
Mccormick yesterday.
Mitchell said yesterday after the SEN
tence: "The report that I confessed any
thing is absolutely false. l had nothing
to confess, and 1 never made any such re-
marks as were reported by my father-in-
law, c. G. Wainwright. The story Is q
concoction of Wainwright's to get me
sent up to the penitentiary for crime OF
which am not guilty."
Judge Wilbur has under consideration
the matter of bail for the defendant while
the case is pending appeal. Attorney
Wills said last night: THE printers
promise to rush the work through for me,
and 1 think the matter will be ready for
the court of appeals within two weeks"
Calmly awaiting the sentence of her
son sat the mother of the accused man.
Mrs Mitchell came from Lampasas, Tex.
to aid in his defense and has been at his
side to comfort him ever since. She bore
the blow of the sentence with fortitude,
but the mothers voice was filled with
anguish as she turned to the attorneys
for the defense to ask them to appeal
from the sentence.