Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-19

q Declaring that the act and declar-
ations of one conspirator is the act
and declarations OF them all, and
that the act and declarations of one
is admissible in evidence against the
others, and overruling some 140 9th
er assignments of error, the supreme
court today in an opinion written by
Judge Burnett sustained the circuit
court of Grant county in the case of
the state against Joseph Fl. Cassidy,
deputy sheriff, jointly indicted
with Emmett and Earl Shields, AL
bert 'TeCn and Ben Hinton 10: ton
sLlra~y in lynching Oliver Snyder,
in December of the year of 1909; and
unless Governor West should eXer-
else clemency in the case by com
muting the death sentence to one OF
life Imprisonment, it will mean that
CASSIDY must pay for his crime by
dangling at the end of a hangman's
rope.
Story Of Lynchlng.
Cassidy was a deputy sheriff of
Grant county, and had the reputation
of being one of the best and most
fearless officers in the state of Ore
gon. In December, 1909 oliver Sny-
der became involved in controversy
with Arthur Green over dog, killed
Green nd fed to the mountains for
refuge Cassidy after borrowing a
gun from one of his co-defendants
and securing the services of a JUS
tice of peace to hold an inquest
over Green, went to the scene of the
murder. Upon arriving at Monu-
ment he learned that Snyder had
surrendered and when little be-
yond Hamilton he met party bring
ing In the body of Green and having
Snyder under arrest. He took
charge of the prisoner and after go
ing back to Hamilton he had con-
ference with Arthur Green, brother
of the murdered man, and also the
other defendants, who solicited var
ious persons to assist in the lynch
ing of Snyder.
Made No Resistance.
Cassidy had had assistance in
bringing his prisoner as far as Ham
ilton. He represented to them that
he would remain there with the
prisoner until the next day when he
would go to Canyon city, and the
next morning at O'CLOCK he de-
parted. He had been warned that
an attempt would be made to lynch
Snyder but paid no attention to it
and declined assistance. The four
co-defendants left Hamilton in ad-
vance of Cassidy and between that
place and Canyon City they took the
prisoner from the sheriff and lynched
him.
Prior to the trial of Cassidy Hin
ton was convicted of murder in the
second degree When Cassedy's
trial came up he testified in behalf
of the state that there was an agree
ment between Cassidy and the two
Shield boys, Green and Hinton that
they should take and lynch the pris-
oner and that when they took him
he made no resistance. Cassidy
was convicted of murder in the first
degree and sentenced to death. The
other defendants pleaded guilty and
each received term of life imprison-
ment and all are now in the state
prison.
What Court Holds.
Defendant alleged 141 assignments
of errors, all of which are oyerruled
by the court Twenty-Five of these
assignments relate to the matter Of
forming the jury The court holds
that the only challenges allowed are
preemptory or for cause That in
summoning the jury by the sheriff it
is presumed that the duty was regu-
larly performed. That the end to be
sustained Is an impartial jury, and
this Is determined by an examination
of the men themselves, and they
may be served by either the sheriff
or his deputy; that the presiding
Judge, who sees the juror, can more
wisely determine his qualifications
than the appellate court, and unless
strong case of abuse of discretion
Is made to the appellate court, the
decision OF the trial court on this
point will not be disturbed.
The court further holds that Sec
tion 1882, l.. O. L., in regard to the
alternating challenge of jurors by
plaintiff and defendant does not ap-
ply to criminal cases 1t Is further
held that the act and declaration of
one conspirator is the act and de-
claration of all, and that the declara-
tion of aCasseday co-defendant,
Shields, is admissible against Casse-