East Oregonian : E.O. (Pendleton, OR) 1888-current, 1913-11-13


Capital Punishment" Prisoner
Unmoyed' at Verdict.
Columbia George has been adjudg-
cd guilty OF the murder of Ti-mot
and today he Is again en- route to
Portland to occupy n cell in the fed
eral jail while awaiting the passing
of sentence upon him. At 5:2S yes
terCiay afternoon the jury, which had
been out for six hours, returned a
verdict of second degree murder and
the trial which began n week ago
Tuesday morning was brought to .
close.
The verdict was one that seemed
to please all concerned, even the pris-
Oner expressing satisfaction to the Of
ficers. The penalty for second de-
gree murder in the federal court Is
Imprisonment for minimum period
of ten years and n maximum of life.
One Juror Held Out.
The second degree verdict was
arrived at as compromise. 1t Is un-
derstood. According to credible re-
ports, eleven of the jurors took the
stand from the first for a first degree
verdict with the words without cap
| ital punishment" This would have
entailed life sentence without a
minimum. For six hours, the eleven
men, II is said, argued with the
twelfth but he proved obdurate and
refused to join them in their judg-
/ ment. Finally. 1t is said. compro-
mise was affected and a verdict OF
second degree murder prepared.
The jury was dismissed and today
the men who for nine days listened
to the exhaustive testimony connect
ing the Indian with the murder are
Judge r. S Bean, Prosecutor Everett
johnson. Marshal John Montag. Dep
uty Marshal Becker and Columbia
George took No. IT for Portland.
May Raise Old Question.
Attorneys ]. H. Raley and r. T
Slater have intimated that they would
again raise the question of jurisdic-
ton though both declare they VIII
make no appeal. During the .rial
they laid their grounds for a fight
on iuridictional grounds and. II is be-
lieved, had the verdict been for first
degree murder with capital punish
ment, they would have appealed. The
land on which the crime was COM
mitted. while within the boundaries
of the Umatilla reservation. Is pat
ented land and the defense Is con-
tending that It is. therefore. not prop
erly part OF the reservation. The
statute states that the federal court
shall have jurisdiction when one In
dian kills another within a reserva-
ton and the prosecution contends
that, regardless of the condition OF
the title OF the land, the reservation
includes all OF the land within its ex-
terror boundaries and patented land
cannot be excluded save by an act OF
congress.
Columbia Georges conviction yes.
terday was his third conviction on
murder charge. Years ago he and
Toy Toy were convicted In the s;ate
court OF numbering Anna Edna -
giving her poison and after serving
! several years in the state penltentiary
they We're released when their attor-
/ ueys showed that the state court had
| no jurisdiction. They were then tried
in the federal court convicted and
sentenced TO McNeil's Island. from
which they were pardoned several
years ago.
Columbia George Is regarded here
as criminal by instinct. a natural
killer" He sat through the trial
without munitestins any emotion
| whatever. even when the daughter o;
! his victim broke down on the stand
at the sight OF her mothers shawls
| When the jury went out. he stopped
! in the corridors when being led back
| 20 the Jail and joked for several min
! utes with his Indian acquaintancea
| He listened to the reading OF tho
! verdict unmoved but told one ot tho
| officers that he was very well pleas
ed