The Redwood gazette., 1911-01-17
ASSAULT in
THIRD DEGREE
Long Trial of Virgil Mallett
Results in Lightest Ver-
dict Not Acquittal.
judge Olsen Gave Sentence
to the Limit Yesterday,
3 Months in Jail.

The trial of Virgil Mallet on
charge of manslaughter, in connec-
ton with the death of the late Ira
Pratt of this city, consumed most of
the time of the special term of court
which ended with his sentence yes
terday morning. The case was given
to the jury Saturday evening and the
jury brought in verdict of assault
in the third degree on the following
morning, Judge Olsen had remained
to receive the verdict, and on Mon
day morning sentenced the prisoner
to the heaviest sentence allowable
under the verdict, which is three
months Imprisonment in the county
Jail.
No recent trial has been as closely
followed locally as this trial, and as
sentiment was divided in regard to
his guilt, it would have been impos-
sible for jury to have returned a
verdict that all would have approved.
That the accused did not attack
Pratt with murderous intent is
probable, and so far as Mallet is
concerned, there would be no great
objection to the verdict on that score.,
But that the verdict is calculated to.
protect the lives of saloon patrons
in particular and of the public gen.
orally, may be questioned and is
questioned by many who heard the
testimony.
However, we cannot see how any
reasonable fault can be found with
the trial. The state, represented by
Assistant Attorney General James
and County Attorney Emerson, cer-
tainly put up strong defense and left
nc stone unturned to save his client
on the other hand Senator Clague
from heavier penalty and has been
congratulated for his skill and faith
fulness to the interest of his client
by many who followed the course of
the trial. We do not hear as much
credit given to his associate in the
case, Attorney Freeman of Olivia,
whose plea for Mallet of two hours
and half seemed tiresome to some,
but evidently it had it's effect on the
jury, though of course not SO much
as the web of evidence brought out
by the Senator to outweigh and dis
credit the states witnesses.
The legal points of the case were
so clearly brought out by Judge Oh
sen in his charge to the jury that we
cannot do better than present ex-
tracts which will help the public to
understand the problem as given to
the jury:
After defining at length the legal
definitions of the different classical
tions of homicide, as the killing Of a
human being without design to ef-
feet death. or in the heat of passion
the natural tendancy of which would
be to disturb and obscure the rea-
son, etc.. the Judge charged that
"If you find from the evidence in
this case that a weapon, a so-called
billy was used by the defendant.
and that he struck the deceased
Herewith, then it is for you to de-
termine from the evidence in the
case whether or not such weapon
was a dangerous weapon" The
Judge further instructed that in
case the jury found that Ira B.
Pratt's death was caused by blow
from the billy, as charged, it should
find the defendant guilty of man.
slaughter in the first degree.
Manslaughter in the second de-
gree was defined as THE killing of
a human being by another, when
committed without a design to eff
feet death, in the heat of passion,
but not by deadly weapon" the
difference being that in the second