Iditarod pioneer., 1915-07-17

tured the sell acc cuSallOn lndt tdCH JuIOI would experience if the defendants were wrongfully convicted. He urged that both defendants should be convicted if the jury were convinced beyond reasonable doubt of their guilt. But they must be sure there was no reasonable doubt.
 q would not talk to you as l am doing if l were convinced of the guilt of these defendants" said Mr Roden. "I give you my word of honor as a man that l do not believe them to be guilty" There was suspicion of guilt, he said, but that was all The matter was "a tempest in teapot, originating in a women's quarrel. You are playing the last role in an old women's quarrel," said Mir Roden. He did not be- lleve that anybody had committed perjury but sometimes witnesses are mistaken. "All you have to do to discredit Wile's testl- mony," he said, "is to take look at his face, filled with hate and venom He com mented on Wile's placing his name on the torn mail package, ito display his excited position as postmaster of 1Gitarod." The testimony of Joe Smith was taken up by Mir Roden. He mentioned trouble of some kind, and started line of questioning for which he was taken to task by MT Roth, and the court admonished him to keep within the record. The testimony was of fimsy nature, Mir ROden said.
 Mir Roden made last appeal to the jury to acquit the defendants, and said: If you must find them guilty, convict them both As a good wife, Mrs. Thurston would wish to share the fate of her husband
 Roth Closes for the Government
 In closing the case for the government n | +ho last appeal of Mir. Roden. From the stand point of the government he believed the de fendants to be equally guilty, but there was nore evidence of guilt against Thomas L. Thurston than against Mrs. Thurston. She had not turned pale when confronted with tle evidence of guilt, as Tom Thurston had Would Tom ThurSton have stood the ac- cusaton of Joe Smith if he were not guilty?" inquired MT. Roth. Why counsel should wish to have Mrs. Thurston con- victed if Tom was he could not understand. He objected to Mr. Roden's testifylng un- der the gu;sc of argument, As to anlmus Joe Smith had no intention of prosecuting the Thurstons Smith was witness not the prosecutor The government would prosecute all infractions of the postal laws Rodens dissertation on the moral law not withstandng The matter involved the moral law to the highest degree Counsel had tried to belittle the offense charged, but it was serious crime It was no tempest in teapot" Roden had said that Marshal Erwin had dcne his duty when he turned the defendants loose at Panama to pursue their journey to Iditarod alone. MT. Roth could not understand Erwin's action They should have come here like other prison CTS" he said 'I don't like it, and don't appreciate it." What weight has the state ment of Mir Rodens belief in the innocence of the defendants on his honor as man = asked MT. Roth He could not understand this MT. Roden must believe that there was some man on the jury whom he had it on." 'I don't believe there is any man on this jury that Henry Roden has 1t on, said the district attorney with vehemence. He believed that both defendants were guilty and that the evidence had shown It. Roden had said he would not stand up there and defend his clients if he knew them to be guilty. Mir Roth ridiculed the statement and said it had tendency to make lawyers smile
 The district attorney then took up MT. Taylors argument He said 1t made no
  SIS or SlS,OOO. People were not going to be hoodwinked into believing that the mat ter was trivial He spoke of the statement about Joe Smiths not being friendly to the defendants, and said that was not factor Smith had gone as far he could to drop the matter, but the government would not stand for it. He ridiculed the attempt to lav the blame for the non-dehvery ot the mail matter on Harry Mclean, and dis cussed in detail other arguments ot MT. lay lor's In conclusion he said: "You are officers of the law, lntrusted with law enforcement. The judge, you and I make up the court There is no trlvlal side to this matter. l admonlsh you to do vour duty, and leave 1t to your conscience l I expect you to enforce the law, and 1 hope the Almighty will assist you in dolng what is right" At :45 MT Roth concluded and the court delivered the instructions to the jury. These were somewhat elaborate, and gave the usual | advice on the law in the case. Four forms of verdict were outlined, and the jury re- tired shortly after o'clock
 Verdict of Guilty
 1 After deliberatng until a. m., word was sent to Judge Bunnell that the jury was ready to report. A small crowd filed into the court room to hear the proceedings. At about 2 20 Judge Bunnell asked the jury if they had arrived at verdict, and A. E. 1 Meacham, the foreman, handed the docu- ment to the judge. The court clerk read the document amid tense and impressive silence. The defendants received the yer ,dct stoically, but just before the court was adjourned Mrs. Thurston collapsed in her husbands arms in faint. She was cared for by friends and escorted to her hotel. The defendants were allowed their liberty under existing bonds.