The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1908-09-04
DIR. MITCHELL RELEASED.
Petitions the Court for Writ of Ha-
beas COrpus-Granted Monday
Night by Judge Walters-Says
State Has Not Presented Strong
Enough Case. 5

4 Night by Judge Walters Say
J State Has Not Presented Stron
! Enough Case. ,36
Grand Jury Can Take 1t Up.
t' DIR. F. w. Mitchell has been dis
charged and released from legal re
Il sponsibility for alleged connectio
with the death OF Mary Robb
That is the order of Judge Edwar
| e. Walters, of the Fourth Judicia
District, who was summoned here t
| sit in the habeas corpus proceeding
| which closed Saturday night. In
4 rather lengthy opinion handed in OF
Tuesday morning, he gives 1t as hi
| opinion that the state has not mad.
a case that warrants it in holding tn,
defendant Mitchell for the crime, ant
accordingly ordered his release.
| The mode of bringing this actor
about was for Dr. Mitchell's attorneys
to sue for the release of the body oil
the defendant, which is the meaning
in English, of habeas corpus proceed.
ings. AS he was out on bail this
could not be done until he was taken
into custody by the officer, and this
came about through his bondsmen
appearing in court and asking to be
released from the bond. This done,
the sheriff took the defendant into
custody, and then the proceedings for
his release could be commenced.
Judge Stevens had reasons for not
hearing the case, and 1t was agreed
that Judge e. A. Walters of Shoshone
should be called to sit in Judgment.
The substance of his opinion is this:
The evidence introduced before a
committing magistrate, while It need
not be sufficient to show the accused
guilty beyond a reasonable doubt,
must be sufficient to point directly to
his connection with the crime, and
such conclusions cannot properly be
based upon inferences, and evidence
that is not conclusive or not reason
ably well connected
A dying declaration, made after
the person has given up all hope of
recovery, and when In state of mind
bordering on death, when there could
be no motive for deception, is ad-
missible in evidence If 1t has direct
bearing upon the guilt or innocence
of the accused, but 1t must be plain
and unmistakable in its application.
In this case the dying declaration
of Mary Robb had so much of uncer-
tainty that 1t could not properly be
and could serve no pur-
pose in deciding the guilt or inno-
cence If taken.
There was nothing to show that
Mary Robb was seen in DR.. Mitchell's
office at any time, or going into or
coming out of it. There was testi-
nony of several persons showing that
ne was out in the country and absent
rom his Office at the time the crime
s said to have been committed.
The physical condition of Mary
Robb after the alleged criminal op-
,ration, the lack of hemorrhage Of !
ed blood following the forenoon of |
|une 9th, do not bear out the theory |
,f the state.
There are other theories more ten
lble for accounting for the crime |
han the one advanced by the state
nd on which they ask for the de-
OhNiOh vi IuG aClOhuuht, UuL IL lb uOJ
within the province of this court to
'oint them out.
The court has gone over the evil
ence carefully, and does not find
hat reasonably clear case has been
made, and orders the release of the
defendant accordingly.
This leaves the case just where it
'as before DR.. Mitchell was arrested,
nd does not prevent another investi-
alton If the state cares to undertake
!. A second hearing may be had
q the same manner, or a grand jury
lay be empaneled to investigate and
lie an Indictment If they Judge that
ne findings warrant such action.
The expense of the investigation
robably amounts to $4,000, and has /
, all probability cost the defendant ,
like amount. AS the public is in
crested in the former item, we will
y to get statement of the expense
count for publication. I,