The Hood River glacier. (Hood River, Or.) 1889-1933, 1922-03-09
JURY IN 10 MINUTES
ACQUITS BURNETT

A iury after 10 Minutes ielio raJto
Tuesday night acquitted Charle Bar
nett ex-atteudant of the Pendletou
hospital for the insane, charged with
involuntary mansaughter for alleged
misconduct in the handling of Louis
Topich. insane patient being taken
from Portland TO Pen Teton last No
Vember Burnett lett immediately tor
Pendleton
Joseph II. Jones. Of Portland. was
associated with District Attorney
Baker in the prosecution of the case.
The case is the first for Involuntary
manslaughter ever held here.
Judge Wilson congratulated the at
torneys of both sides for their fairness
ir conducting fhe trial
A Jury was completed and testimony
Of the states witnesses in the cave of
Burnett, was begun Monday Afternoon
Burnett is a native of Australia II
alleged victim was a native DC Alstua
Two women were CALLED for the Bur
nett trial, Mrs. Alma Howe ant Mrs.
W. S DoWd. Both were passed for
ause by attorneys. The defense, rep
resented by Judge K. K. Butler, Of
The Dalles, exhausted a peremptory
challenge on Mrs Hove and the pros
ecution challenged Mrs. DoWd The
examination Of the talasWomen, the
first ever to sit ON jury here, created
interest Judge Butler in questioning
Mrs DoWd askei her If the fact OF the
defendant being among strangers,
native Of another country, a man born
under another flag, would have any
effect on her. She replied that 1t
would create q favor in his behalf II
anything. Further questioning brought
out that her state of mind was that s. he
would have a upathy FOR nIm be-
cause of his being among tra0ger-.
II was cited to her that tbe alleged
victim Of Burnett was also All alien.
The case created more a.au local
interest because of the former .a
record of Burnett, who 81.
statements made by Superintendent
McNary and others 0l Jae ton
hospital was exemplary 90 lbs care OF
patients. Shortly after .'t wac
bound over to the grand lu} .e state
Board 81 Control uEs.el Lae ease,
and IL was apparent from statements
made at that time that some plan OF
aid by the state hospital authorities ln
behalf of Burnett was considered.
This. however, was decided against be-
cause of the possibilities OF setting az
embarrassing precedent. Fellows Of
Burnett offered to raise his bail. It
was stated, but he declined, declaring
that he did MT Wish to place them IN
any financial discomfort Mrs. Toe
plch. widow Of the dead man. accom-
panied by a little boy and little RnL
and carrying a twO-m nth. oiJ postum
mos baby In her arms, was present et
the hearing.
An incident of the case that was OBJ
served by .attornevs was the decision
of Judge Wilson not TO follow proceed
ure provided ir 40 amendment % the
mr, laws as adopted by the iegl-lat .e
al the last regular session. lue
amendment provides that jurors shalt
he elected bs drawing from the reau-
lar panel of 81 names. Judge Wilson
excused members Of the panel whose
residence was al distance. following
a usual custom here. He then. when
the remaining names were exhausted,
instead { drawing single name az
time. as the new amendment would ne
cessltate ordered a special panel az
SIX names to fiji the jury. 10 ls ue-
clared that the order Of the rev
amendment, IL followed literally,
might draw out the case indefinitely,
creating an expense of sever d hundred
dollars. The court might consume
sav's time. it is declared, 20 securing
single Juror. Judge " lls0n explained
his decision TO attorneys, stating that
thew would be allowed Co make formal
abis.t tion- 20 tnis action.