East Oregonian : E.O. (Pendleton, OR) 1888-current, 1908-10-06
First Case To Be Tried Upon
Recent Indictments Comes
UO Today
DEFENSE is FIGHTING
WITH UTMOST EFFORTS
First Man Indicted by Recent Grand
Jury Also First 10 BE Tried for
Alleged violation of Prohibitory
Law-Attoney Try 10 Bar Law
Enforcement Leaguers from Jury
Two More Plead Guilty.

Ben Morton, formerly proprietor OF
the Brewery saloon on the corner OF
Johnson and Court streets. and who
later conducted a so-called soft drink
parlor at the same place, Is now on
trial In the circuit court on the
charge of selling liquor contrary to
the prohibition law Morton Is the
first OF the men recently indicted by
the grand jury to stand trial. He Is
being defended by Attorney VIII M.
Peterson, assisted by Col. James IL.
Raley. District Attorney Phelps Is
conducting the prosecution unasslsted.
The work of empanneling the jury
was commenced shortly after .
o'clock but so thoroughly were each
of the prospective jurors questioned
that II was after 2 o'clock this after
noon before the last man was accept
ed.
Membership I'm the Umatilla coun-
ty law enforcement league. either
active or prospective, having con-
tributed to the fund to carry on the
local option campaign prior to the
election, or having distributed local
option literature were points upon
which the attorneys for the defense
closely questioned each man.
The same questions but as to the
other side of the fight were asked
by the district attorney and in addi-
ton II was insisted that the juror
should say whether or not he was in
favor OF enforcing all the laws in gen.
eral and the local option law in par
tlcular.
The particular offense for which
Morton Is tried is selling liquor to one
Tom Whitney.
After the jury had been secured a
short recess was taken before the ex-
animation OF witnesses was started.
II is not known how long a time will
be consumed in the trial of the case
but the number OF witnesses for each
side is not large.
Ten Of the jurors accepted are Pell
OF Adams, Charles Rosenberg, Neil
Mcdaniel, I. X. Outright, ], X. Bott
and r. Raymond. all of Pendleton;
Manuel Friedley of Union. ]. w Lins-
ner of Willow Springs, S. L. Spencer
OF Athena, and ]. II. Coffman OF Blue
Mountain. with the single exeep-
tion OF Spencer, who is a blacksmith,
the men are all farmers.
Mel Norman and Joe Morrison, two
more Of the men recently indicted for
a similar offense to that Of Morton,
this afternoon changed their pleas Of
not guilty to guilty, At the request Of
the district attorney the passing Of
sentence was deferred.
The case of Washington against
Patton, wherein the defendant is ask
ed to account for two diamonds alleg-
ed to have been left with him for safe
keeping will be tried the last of the
week, probably Saturday.
w. p, Card recently indicted by the
grand jury on the charge Of assault
ing his wife, has been set for trial
Friday Card is the man who recent
ly filed a suit for divorce and asked
the court to restrain his spouse from
doing him bodily harm.
In the case of Charles Newcomb Of
Pilot Rock. recently indicted for SELL
ing liquor, Dan Smythe appeared as
attorney and filed a demurrer to the
Indictment. The court announced
tha this would be taken up as soon
as IL could be reached.