Daily capital journal. (Salem, Oregon) 1903-1919, 1909-10-21
ARSTEL
TRIAL IS
ON TODAY
Sheriff Mimic Says the Man Is
ldiotiC Rather Than In
sane = Evidence Is
Convincing.

morning, which began at o'clocE
with Walter Winslow representinS
the state and Attorney p. II. D'Ar 2
counsel for Arstel. who Is being .rled
on the Indictment charging him vita
assault with a dangerous weapon
with intent to rob.
Along in the latter part OF July,
no the Indictment charges. Arstel held
up ]. j. Mcdonald, the Liberty gro
eery store proprietor, aud after shoot
ing at him twice, Arstel ran off into
the brush and was caught the fol-
lowing day near Independence by
Deputy Sheriff Esch and Sheriff
Harry Minto, after a race through the
brush and fields for a mile. Arstel
was brought back TO this city and
when arraigned before Justice of the
Peace Webster entered plea of not
guilty. During the examination
Arstel made an extensive statement
in which he attempted TO clear him
self OF the crime by explaining his
whereabouts at the time the hold-up
occurred.
j. j. Mcdonald the man who was
made the victim OF the hold-up, was
the first witness for the state today.
Mr.. Mcdonald related HIS experience
with Arstel. which was similar TO
his testimony In the justice OF the
peace court lie was positive that
Arstel was the man, owing to his
eyes (Arste's) being the same as
those which looked at Mcdonald over
the blue and white handkerchief at
the time OF the hold-up and Arstel's
build and the clothing introduced as
testimony this morning during the
trial.
Earle Huffman. young man resid-
ing a short distance south OF the
Salem Heights school house and near
the vicinity IN which the hold-up oc-
cured was called to the stand.
Young Huffman stated that while he
was walking down trail beside the
Liberty road on his way TO town
ne saw Arstol sitting beside the road
a few hours prior to the hold-up and
when asked IL he recognized the
defendant in court this morning
Huffman answered In the offirma-
tive. He also recognized the duster
aud hat Arstel wore at the time
Sheriff Mimic was then called by
the state The sheriff told the
story OF the capture OF Arstel; how
himself and Deputy Esch had seen
Arstel run down behind the barn in
front OF which ne was sitting al the
time he aud his deputy drove up In
independence and how Arstcl was
captured at the point of sun after
lively chase. Sheriff Minto was
then asked TO state what ArsteIs
actions were, and his conduct while
confined IN the county jall The
officer said that the prisoner had
been very troublesome and had Go
be- watched AN the time when asked
n he thought Arstel was "a bright
man. sheriff Mimic stated that he
thought Arstel possessed just about
as much brains at the prosen, Time
as he did whom born
Deputy Sheriff Esch also osufiod
10 the chase and capture ot ,rstci.
Evidently Arstel had not rockoned
with his "cellmates' durius his time
in the county iail with them. .. r..
Hamlln, the torser who was seu-
fenced 10 serve two years iu the
penitentiary by Judge Burnett last
week and who was confined ia the
city Jail six weeks. three of which
ne was a cellmate TO Arstol. was
brought In from the penitentiary this
morning 10 testify concerning his con
yersation with Arstel Hamlin said
that Arstel told him the whole story
OF how he attempted 20 frighten Me-
Donald by shooting straight up TO
induce Mcdonald to throw out his
money Attorney darcy asked Ham
lin concerning Arstefs insanity. but
Attorney Walter Winslow objected
90 this as heing incompetent ON the
grounds that Hamlin was ineompe-
tent 20 give expert testimony. At
torney Winslow's objection was sus-
tsined by Judge Burnett. who
thought the witness should conflne
his testimony TO what Arstel said.
II. A. Rycroft. another prisoner In
the county jail pending trial on
the indictment charging him with
kidnapping was called TO testify Ia
behalf OF the defendant Ryeroft
became acquainted with Arstel while
both were In the prison. The Wit
ness stated that he thought Arstel
was insane for several reasons
Among Rycroft's reasons for thinking
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