Daily capital journal. (Salem, Oregon) 1903-1919, 1916-12-27
BOOTH MURDER CASE
TO Be TRIED AGAIN
Mrs. Booth and William Bran
son Will Be Given New
Trial

which there is no evidence and stat
ing We have searched the record for
scintilla of evidence tending to dis
close any conspiracy or common design
to commit homicide" the supreme
court this morning reversed the de-
eision of the circuit court for Yamhill
county and remanded the case Of Will
liam Branson and Anna Booth, convict
ed OF numbering William Booth at Will
lamina on the afternoon of October s,
1915, for new trial.
While the testimony goes to show
William Branson and Anna Booth prob
ably did the killing of William Booth
there is nothing in the evidence that
shows there was a conspiracy to com
nit the murder. An attempt was made
at the trial to prove this point but the
supreme court finds nothing that indi-
Gates such was a fact. Therefore it
deemed the charge to the jury by the
court an excellent exposition OF alb
Istraet law if the record showed con
lspiracy. The concluding portions Of
the instructions to the jury are error
and were prejudicial to the interest OF
the defendant. In this respect, the
court says: Elimination of the ques
tion of conspiracy might well have a
direct influence on the jury s deter
mination Of the degree of crime in the
acts charged as crime, and such a de-
termination must always remain as
a function of the jury rather than of
the court
Eight Errors Alleged
There were eight alleged assignments
of error in the trial of the cause. The
trial attracted widespread attention at
the time and though the evidence tends
to show the parties were probably gull
lty, the fact has not been conclusively
lproven.
William Booth was the husband Of
Anna Booth, and they lived at Villa
Imina, Yamhill county. William Bran
son, 23, lived with his parents in Will
lamina. On the afternoon of October
Is, 1915. about 1:30 clock shot was
heard near the river on the premises
lof Mr.. Yates, about q miles north
west of the town. About $3.50 clock
a man named Carter discovered the
lbody of Booth on the bank of the VII,
llamette river and notified the authori-
tiles. An inquest was held and foot
prints of man and a woman were
found in the loose soil. A woman s
hair 'rat' was also found,
Evidence submitted over the obiee-
Ition Of the. defense tended to prove
Booth was Jealous of the supposed in
timacy of the defendant and his wife.
Witnesses declared they saw Anna
Booth walking along the county road
about I o'clock on the day of the muir
der andsin the direction where the body
! was subsequently found. A few min
tutes later, Branson was seen going in
i, the same direction and each passed
Axel Nelson, who was sitting in a wa
gon talking to woman.
Mrs. Yates, over the objections of
| the defense, testified she heard a shot
near the river bank at the foot of her
4 |garden and that she went to invest
gate and saw Anna Booth in the road
} near where the body was afterward,
discovered.
Evidence Erroneous
The defense urged all the evidence
enormously admitted because it vic
lated a statutory rule that evidence Of
the act Of conspirator can be giveI
against co-eonspirator until after thu
: proof of conspiracy. The court hold
! that the testimony does not involve
. declara Sons of Anna Booth agains
Branson. The court says there is {
! marked distinction Detween eYidenct
showing conspiracy and that whicl
tends to disclose joint action. Th
evidence was therefore properly admit
ted.
The defense contends that tho testi
mony regarding comparison of tn,
'rat' found near the scene of tn
murder and the Gratis in Anna Booth
room was incompetent as the witnesse
did not qualify as "rat y experts.
Complaint was also made concernin,
the testimony tending to create sus
picion of adultery on the part of Bran
son and Mrs. Booth and thus give
! motive for the shooting.
: The case of the state of Oregol
! ! against Anna Booth, which involve
\ \ the same testimony was remanded fo
a new trial. She is held in Jail il
: Multnomah county and he in Yamhil
! county under sentence to the peniten
: tiary for murder in the second degree
2 Other Decisions
Seven other cases were handed dow
I as follows:
. W. f. Farrell, respondent, against A
: Z. Davis, ct al, appellant, appeal iron
! Multnomah county, decision Judg
Z Morrow, application for supplemental
opinion adjudicating a claim; denie
by Judge Bean.
II Hillsboro National Bank, respondent
: against Natalio Garbarino, ct ux, az
IpeIants, appeal from Washington couil
Ety, decision Judge Bagley, suit to, Sc
:. aside voluntary conveyance by husban,
4 to wife; affirmed b Justice Burnett
!, : Pacific Company, appellants, agains
: j. Il. Cronan, respondent, appeal fr0r
= Morrow county, Judge Phelps, actio
:. TO recover commission for services i
! procuring purchaser for bank stock
y affirmed by Judge Mcbride.
H. A. Gosney, respondent, agains
Z Andrew McAllister, ct ux, appellanti
i appeal from Crook county Judge Dut
a fy; action upon an award Of boar
Z of arbitration; judgment reversed.
I +. l.. Myers, respondent, against Ho
= Lake Sanatorium company and tn
!. Boise Cold Storage company, appellant
y appeal from Union county, Judg
y Knowles; action to foreclose a deed, al
= tfirmed by Justice Moore.
u Egainst Leroy w. Furnas, ct ux, appe
George A. Skinner, respondent, ;
: Fgainst Leroy w. Furnas, ct ux, appe
: lants, appeal from Umatilla count,
I Judge Phelps; action to enforce. spl