Whatever effect the words of our counsel may have produced was quickly dispelled when Mr. Heney began the closing address for the Government. He summed up the evidence in the most convincing manner possible, and it is doubtful if the prosecutor exists who is gifted with such wonderful powers of concentration when it comes to analyzing the testimony in a case. His efforts stamped him at once as a person of rare legal ability, and his reputation has since been greatly enhanced.
Heney's speech occupied the entire morning session of Court, so that at 2 o'clock on the afternoon of December 6, 1904, Judge Bellinger began reading- his instructions to the jury. They were fair and impartial throughout, as were practically all the rulings during the trial, and at 2:15 P. M. our fates were in the hands of the twelve men, good and true.
After being out about forty minutes, the jury returned a verdict of guilty against all the defendants with the exception of Marie Ware, whose acquittal had been recommended by Mr. Heney; and Frank H. Walgamot, who had entered a plea of guilty shortly before the case was submitted. The jury was composed as follows:
A. Blevins (foreman) farmer, Albany, Linn County; E. A. Griffin, stockman, Dufur, Wasco County; John B. Bridges, contractor, Portland, Multnomah County; J. L. Howard, stockraiser. Heppner, Morrow County: J. L. Barnhouse, stockraiser. Wheeler County; G. H. Newell, farmer, Lakeview, Lake County: A. E. Austin, general merchandise, Woodburn, Marion County; J. C. Weatherly, farmer, Wallowa County; C. H. Duncan, farmer. Baker County; V. H. Dilley, contractor and builder, Benton County; I. M. Foster, farmer, Clatsop County, and Richard Waugh, stockman, Pendleton, Umatilla County.
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