What Is The Law?
This column is prepared as a public service by the
Colleqe of Law, Willamette University, Salem, to
explain basic legal principles, not to provide legal
advice. The reader is cautioned not to apply these cases
to his own problems without an attorney's advice, for
differing facts may change the outcome.
EVEN CONFESSED KILLER
MAY BE INNOCENT
' Joseph was killed by a shot
from a gun and death obvious
ly was not a suicide. The
death weapon had belonged to
the late Karl Dunn and had
been in the home of widow
Dunn.
Widow Dunn's son, William,
tells lawyer Marrow that he
committed the homicide and
asks Marrow to defend him.
The lawyer questions him at
some length; and, although
the confessed killer is vague,
William constantly contends
he did the killing because the
murdered man had attacked
his sister. .
Lawyer Undecided
- The lawyer realizes a per
son is presumed innocent un
til proved guilty, but here is
a man who insists he commit
ted the killing. If William act
ually did the killing, the law
yer is unsure whether he was
sane of insane when it hap
pened. He is unsure whether
the act were manslaughter,
murder in the second degree
(done in the heat of passion),
murder in the first degree
(premeditated), or a justifi
able killing such as self de
fense. The lawyer realizes that al
though taking the case may
be an unpopular thing to do,
everyone is entitled to being
represented in court. From a
sense of duty the lawyer takes
the case. Hi fee will be mea
ger because William Dunn is
very poor.
William is brought to trial
and conviction appears very
probable. (What the lawyer
does not know is that Wil
liam is very sure that his
mother killed Joseph Johnson.
He is -actually trying to pro
tect her, hoping to be convict
ed only of second degree mur
der and, by being a model
prisoner, to be paroled before
long.)
Killing Admitted
The jury is closeted to ar
rive at a verdict when the
widow of the murdered man
goes to the judge to tell him
she committed the killing. She
had had ample motives and
had stolen the gun to protect
herself from her husband who
had had the habit of getting
drunk, beating her, and brag
ging about his affairs with
other women.
This case clearly demon
strates that one who appears
guilty and confesses to a kill"
ing should never be assumed
guilty until he is found to be
so; and even then he may
be innocent. Regardless of the
situation, everyone is entitled
to representation in court and
expert presentation of his
case. The lawyer cannot in
good conscience refuse a case
simply because at the mo
ment it is not the popular
thing to do.
Theodore Roosevelt at 42
was the youngest inaugurated
as president. 1
2f& Br
mm in ' ft. 1 - - i v t ,
- ' f .. ' ... ' "niiflB j
TRUNK MURDER The body of Mrs. Mary Jean Prestridge, 26, of Fresno, Calif,
was discovered in the trunk of her own car, parked and abandoned on a Los Angeles '.
street Mrs. Prestridge was the mother of two children. She was last seen by her .
husband July 3; he thought she had gone to visit relatives.
Falling Tree Hits,
Kills Portland Man
Portland- OJPD -Charles Ed
ward Seymour, 40, of Port
land, was killed when struck
by a falling tree Friday as he
was clearing a timber . and
brush-covered lot at S. W.
63rd Ave. and Vermont St.
here.
Deputy Sheriff William
Forsyth said a loading scoop
on a tractor Seymour was
operating apparently struck
the three, toppling it on the
tractor.
Seymour was struck across
the head, knocked off 4he
tractor and killed instantly,
the deputy said.
TEEN-AGE MARRIAGES
Memphis, Term. (DTD - Coun
ty school officials are crack
ing down on teen aged moth
erhood and marriage. They
announced Friday that hence
forth expectant mothers will
be permanently ousted from
high school. In addition, grade
transcripts will be withheld
from students who marry
secretly.
IMmili. T..1 la I DEB
More than 2,000 varieties of MAIL TRIBUNE, MrfforJ, Or.
applies are known and culti
vated and about 1,000 kinds
are grown in various sections
of the U.S.
The U.S. division of forestry
was established in 1880.
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