East Oregonian : E.O. (Pendleton, OR) 1888-current, 1914-01-19
JURY FINDS FORREST IS
GUILTY OF KILLING Elk
Is SENTENCED TO PAY A FINE OF
$500 AND COSTS-NEW TRIAL
TO BE ASKED.


George Forrest. young Athena far
mer who was convicted Saturday of
killing an elk in violation of the state
law, was this afternoon sentenced TO
pay fine Of $500 and costs by Cir
cult Judge G. w. Phelps. Attorneys
for the defense have asked for time
ia which 10 file motion to set aside
the judgment and for new trial.
They were given until February /.
Before sentence was passed. VIII
VI. Peterson, one Of the defendants
attorneys. made a plea for leniency
on the ground that the trial had not
been fair and impartial. stating that
Seth Haworth. the prosecutions star
witness, had grossly deceived him
and his associate by stating prior TO
the trial that he knew nothing about
the case. We were taken by COM
plete surprise by his testimony" said
the lawyer. "and had no time to pre-
pare our defense"
District Attorney Steiwer opposed
the plea for leniency on the grounds
/ that the jury was cognizant Of the
fact that Haworth had previously de-
MED all knowledge of the case, that
the defendant had put the state to the
expense Of a trial and for the further
reason that there were no extenuat-
, ing circumstances connected with the
killing of the elk which was partially
domesticated
Judge Phelps in passing sentence.
declared he was not sure that a Jail
sentence was not the proper penalty
hut that he choosed to temper justice
with mercy. The minimum sentence
for misdemeanor is a 5000 fine and
the maximum one year in Jail and
| $1,000 fine. The costs of the action
will amount to no inconsiderable sum
as II cost over $50 for one of the wit
nesses alone. OF the $500 the county
gets half and half goes to the state
game protection fund. The game war
den does not get any part of it as
some people enormously believe.
The jury returned verdict of gull
ty against Forrest at Ii o'clock Sat-
rrday night after having been out
since $50. The first ballot is report
ed TO have been 9 to for conviction
and it was only after hours of argu-
ment that the twelve men could
reach a unanimous decision.
The star witness for the prosecution
was Seth Haworth, a 19 year old boy
who worked for Forrest. He testified
to having seen Forrest shoot but
could not see the object at which he
was shooting. because of a hill. A
moment later, however. he saw him
shoot at the second elk and miss it,
'according to his testimony.
Haworth had taken departure to
Everett and. inasmuch as in misde-
meanor cases, witnesses cannot be
brought from one state to another
against their will, the defense had
no fear of him. However, Deputy
Sheriff w. r. Taylor had gone to Ev.
erett and induced the young man tt
return. He was kept here in Pendle
ton for three days by District War,
den E F. Averill without the knowl
edge of the defendant or his attor
neys and his appearance at the tria
was a surprise.
Attorneys for the defense atacke,
his reputation. AS counter they at
tempted an alibi. Joe Bergevin wa
the principal witness relied upon t,
establish this
The case attracted a great deal o
attention and the trial was attende,
by a large crowd. The fact that TIL
elk killed belonged to the herd whicl
sportsmen. at considerable expense
had brought into the Wenaha reserv
from Jackson Hole, Wyo., aroused
great deal of Indignation against tn
slayer.