Daily capital journal. (Salem, Oregon) 1903-1919, 1909-07-20
SMITHS
TRIAL IS
POSTPONED
Motion to Continue Argued at
length Yesterday and
Case Continued to
October Term.

After taking into consideration
| four ailidavits two being sworn to
by Attorneys Carson and Kaiser, re-
/ spectively, and two by Drs. Cusick
and Williamson, respectively, regard
/ ing the case of A. b. Smith, the man
! who Is 10 answer to the charge Of
robbery, being armed with a dan
gerous weapon" Judge Burnett YES
/ terday afternoon sustained a motion
made by Smiths attorneys, John A.
Carson and'W. NJ. Kaiser for a post
ponement of the case until the next
regular term of court, October, 1909.
This was the first business trans
acted by Judge Burnett after his re-
turn from Albany, c. l.. McNary rep
resenting the state. and Attorneys
Kaiser and Carson for the defend
ant going into the modern, legal
and prolific psychical nature OF in
sanity. Smith entered plea of not
guilty last Wednesday, and this af-
ternoon his attorneys filed a motion
to postpone the case on the ground
that they had not had sufficient time
In which TO investigate Il thorough
~, Il being a very unusual proceed
ing and circumstances rendering II
complicated, owing to the defendants
III health, and probable insanity,
and the danger 20 defendants health
should the ordeal OF a trial be forced
upon him. Attorney Carson. as stat
ed In the aflidavit, has been engaged
as an associate TO Attorney Kaiser
hut recently, and therefore he has
not had time, owing 60 other neces-
sary legal business In which to ia
. lilo 81 . 1.
general and he did not feel himself
capable fully 10 render Justice to
MS client. Attorney Kaiser also
.tated IN his affidavit that he had
been engaged on the case but a short
time. and that 70 fully prepare for
10 " would be necessary for him to
acquaint himself with further points
and information regarding the de-
iendant, and that In justice to hui
manly, and 10 give his client a fair
ana considerate trial, he thought an
extension OF time would be absolnte-
~ neces AIRY. Attorney Kaiser stated
IN his address @ Judge Burnett that
Ae d.d not wish 10 inconvenience the
court nor secure an unnecessary de-
iay or the trial, but, In justice TO his
cI'.ht ana himself, he thought II no
more man fair that an extension be
granted under the circumstances.
Attorney McNary did not agree
with counsel for the defendant, but
thought that Smith would be capable
OF standing the ordeal OF a trial, and
TWO witnesses, Drs. Grimth and
smith, testified that Smith wonld not
suuer any material injury as the re-
sult or a trial at this term OF court.
Attorney McNary produced his Wit
he.ses % onset the motion for post
ponement, and the doctors described /.
sinlth's physical condition during his T.
incarceration. They both testified /.
that his alteration during the exam /
ihatlohs' which were many. were as
sumed, and that he was partly the .
cause OF bringing on his Illness.
Attorney Carson then took the
matter In hand. and said that he did
not think, and IL was not possible,
that the testimony OF the two witness
es stood for any more legally, OF |
otherwise, than the affidayits intro I.
duced during the session, and that. 4
insofar as Smiths physical condition I.
was concerned, the affidavits of Drs. l
Cusick and Williamson tended 10 |.
show, ana did show, that they were I
OF the opinion that Smith was not 4
In a M condition for trial at this
term OF court. H
There was but one question in the 1
mind OF JIdge Burnett, and that was H
whether or not Smiths condition Il
would be bettered any by laying In
jail until the next October term OF
court or have his trial this term,
but he evidently come 70 the conclu-
sion pOstponement would be In the
interest Of justice and therefore
sustained Attorneys Kaiser and Car
sons motion.