The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1910-02-26
ORTlS HAMILTON
CONVICT NO. 1888

| lONVIII NU. 50J
Otis Hamilton, former adjutant
general of the Washington National
guard, was received at the peniten-
tiary and is now known as convict No.
$3.50, having been sentenced to term
of from one to 10 years for the theft
of $1,1SS of the states money, and the
Misrepresentation of approximately
$37, 1000 in funds. Hamilton is to re-
ceive the same treatment accorded
other inmates of the institution, no ia
vors being extended because of the
fact that he formerly held an impor-
tant state position.
He comes to prison with promise
made by himself, his relatives and his
friends that he will not ask for a par
don or parole inside of five years.
According to word from Olympia,
Hamilton was IN good spirits as he
boarded the train for this city and
prison, and although he talked free
" refused to make any statement
for publication.
For three years at least Governor
Hay, as the head of the state govern
ment can see that Hamilton stays con-
fined in the penitentiary at hard labor.
If HAY is reelected and holds to his
present position it will insure Hamil-
ton confinement for at least seven
! years in addition to the. more than
a year he has been held In the local
county Jail, or, in the aggregate, more
than possible minimum punishment
he would receive if the state went
| to the great expense OF 9 number OF
additional trials.
| Hamilton was arrested on May 3,
last and confined to the county Jail two
/ days later after an unsuccessful at
tempt to get the 100000 bail demand
ed. There he has been ever since
Upon the urgent appeal of tire defense,
the case was not brought up for trial
at the June term of court and con-
/ tinuance was granted. The defense
again secured q continuance at the
September term, but on condition that
they be ready for trial in November
when a jury was called. The cases
were set for November %.
| On November 20 a show cause order
was issued by Chief Justice Rudkin
/ in the supreme court returnable De-
cember in habeas CORPUS proceedings
That same day the state secured an
; other order. citing the defense to show
! cause why the order should not be va
Gated November % it was vacated,
and the day following the defense ap-
peared before the court and argued for
their writ, which was denied. The
| trial then started on the morning of
D., November %. In the meantime the
! two cases charging forgery and OBJ
tanning money under false pretenses
had been filed, and Hamilton was
! brought in to plead to them.
+ Lengthy -demurrers were filed by
lthe defense and it took up an of that
day to dispose of them. They then ar
gued for a writ of habeats corpus
from Judge Mitchell, which was denied
Baked in every attempt to delay pro-
ceedings the defense asked to adjourn
court until the next morning so they
lcould secure a writ of prohibition to
prevent the case from continuing. This
was refused them and the jury was
called to the box. The jury was final
i ly secured after several other blocked
efforts to delay matters and the trial
| started on December 1. The state
took until December s in putting in its
evidence, during which time state and
| government officials were on the
stand, including Governor NJ. +. Hay
| The state rested December s and the
next day the defense asked for a direc-
| ted verdict of acQuittal on the grounds
| hat the state had proven only obtain
| ing money under false pretenses. This
was denied, and they rested their ca Sc
with no evidence
! The jury was charged. and the de-
Tense sprung a big surprise by making
no argument The case went to the
| jury on the afternoon of December Ii,
and that evening. after deliberatIne
| for five hours and fifteen minutes the
| jury brought in a verdict of guilty
Some time later a notice of appeal to
| the supreme court was fled but never
prosecuted, the compromise, which
came so near losing out. resulting in
everything pending beng dismissed
yesterday.