Weekly journal-miner., 1917-03-28
(From Fridays Dsiiy.)


 It took the jury in the Pardee case but a short time to conclude that the defendant was not guilty. The yer dict was announced in the Federal court at 40 yesterday afternoon, end ing the most interesting and sensa- tional case at the present term, which included two other criminal trials of more than ordinary note.
 The entire morning was taken up with arguments by Attorneys r. w. O'Sullivan and T. \. Flynn, and by the instructions of the court, which occupied about an hour. The three analyses of the case were extremely searching. In opening his remarks, Mir. O'Sullivan characterized the prosecution as senseless one, based principally on the testimony of three men serving time for offenses against the United States, whose credibility, he said, was low.
 Davis trip here last Summer was open and not secret. Pardee was not so rcprchcnsiblc for not having al once turned him in as bad man. Car pentcr, who had been sentenced to nine months on October 18th, was made trusty within 40 days after his arrival at the local jail. He asked why this was done. He said Carpen- ter had proven his own motive in the first act of the drama He read the testimony of Robinson from tran script of the proceedings, to show that the under sheriff had seen the saws in the stable door between 1 and ; o'clock, some time after the barn had been cleared of snow that after noon, and later enough to have en- abled Carpenter to have deposited the saws. He said Carpenter could have put the saws in the door from the outside, by merely showing 1t open a few inches and inserting his arm.
 The work Of Parde for the shcriff's office in capturing McKinnon-now charged as fellow conspirator, was described by O'Sullivan. Spence, the man who had introduced the coal oil and the bludgcons into the jail. was also a trusty, and serving time for a crime against the United States. He called attention to the splendid array of character witnesses.
 Flynn's Able Argument.
 The argument of United States At torncy Tom Flynn was a masterpiece of dissection and invectivc. He began by stating he was not going to apol- ogize for the nature of the witnesses brought by the government. saying that to bring out facts inside jails, one has to use the men who are in. carcerated in jails. Of course nobody could bring lot of leading citizens to tell what took place in the cell room. He contrastcd the dcmcanor of Car Dentcr and Pardee on the witnes, stand, and attacked the reputation of Pardec, as a man who evidently bore I previous good record, but for whose acts in connection with this conspir- qcy, no witnesses could find justifica- ton.
 He called attention to the various inconsistencies in the defense testi- mony-thc improbability of Pardec warning Carpenter to quit attempting 70 secure his services, and the fact Carpenter, a man of small physique, braved the righteous wrath of the husky Doc in repeating his ovcrtures. He called the defense a theoretical one, and attacked the theories of the defense as to the manner in which the : damaging evidence of the saws, seen by Robinson, had come 10 be in the !. door. He said the evidence of a con | vict should and must be regarded | with caution, except where corrobor- ated by that of a man like Robinson. | He said ii Carpenter was a conspir- | ator at the outset, he rose above his l former acts and attempted to aid the | officers to maintain the peace. The defendants opening argument, he | said was the grasp at straw, such as | a drowning man makes, and ridiculed | the theory that Johnny Robinson  might be back of the charge for po- litical reasons. |
 The office was cleaned three or four l days prior to the visit of Carpenter on January 24 "Why would these men allow that snow to lie on the office floor nine days. and why. if they went in there several times a week, should they remain out of the office for the entire period between the fall oi snow and the cleaning out?"
 Carpenter could not have seen the desk and have known it contained three drawers, had it been so com pletely covered with the tarpaulin that nobody could have opened a drawer
 He shot the question at the jury. What motive would Carpenter have had for duplicating Pardee, and why, unless he was insane, should he have presented the defendant with an