| Show I PECULIAR PLEA ILL I PI FA BY RY 11 CONVICT DEMING Says Sheriff Asked Him to Saw Bars to Make Capture JURY DOUBTS HIS WORD Finds Him lini Guilty and He WillBe Will WillBe WillBe Be Sentenced on Monday A desperate convict stood before a Jury In Judge T. T D. D Lewis Lewis' division of the tho district court yesterday and argued for tor acquittal on tho the charge of yIng y- y Ing county property The Jury jur found him guilty and Judge Lewis will pass sentence Monday morning Tho The convict con was 1 Doming Deming serving a It ten years years' sentence co for tor robber rob rob- ber bery His plea lasted more than an nn hour Doming DemIng has been teen an outcast among his fellow prisoners because It wa was believed belleve he was a stool pig Jig eon or spy for tor the county count sheriff In Inah Inan an ah attempt to trap Joe Sullivan now serving u n life lito sentence for murder when both Vere in tho the same cell In the county Jail In January Januar 1908 It was to erase craSe th this Is t toilet ellet more mOIo than for an any other oIlier reason that Deming stood trial and made his argument t to the tue Jur jury lury It was for this reason too too that ho subpoenaed Sullivan from Crom the tho prison to testify In tho the case casc CJu I Guarded In Court Sullivan and Doming Deming were closely closel guarded ed while In the court room which was vas crowded to the doors by inquisitive tive tivo spectators At the elbow of ot DomIng Doming Dom Dom- ing sat Deputy Warden Varden Stephen Ure of the penitentiary and scattered 1 about tho the court room were a 3 number of or deputy dep dop- ut uty sheriffs ready for any emergency I Sullivan was brought to the city by two prison guards g and returned to his solitary as soon as ho had finished his testimony In the case That Richard Demint Is clever above I tho the ordinary was shown sho in his u argument ment meat to the Jury Jur His only defense was that he had b beet been ell asked b by Sheriff Sherler Emery Emer and Deputy Deput Sharp to go Into tho the Jail with Sullivan an try to learn something about the whereabouts of ot Joe Joa Garcia who was implicated with Sullivan II in the killing of or Police Officer Officer car Charles Ford and who was vas IS later killed In a street duel In Portland Ore Doming Deming lIal said 1 he ho was told to saw the Iho bars of ot tho the cell and tr try to got Sullivan to escape with him when Sullivan Sul Sul- livan would bo be recaptured Ho Ito argued more than half an hour rehearsing the case at length followIng following follow- follow Ing ng District Attorney Fred C. C L Loofbourow Loof- Loof bof- bof ot- ot ow bour-ow who spoke to the Jury but a Il afew tow few moments Ap cN Deming complained that ho lie had only a short time Ume in which to preparo prepare his case ase and could not get set evidence to back ack his Ills statements I 1 am a s stranger r hero he ho said and I in my position as a convict con I t can do nothing The Tho sheriff could make mako I an any charges chares against ng me mo he ho SAW lit fit nt and could convict me of ot any charge That's what I 1 have havo to contend with He lie said ho he hud had never seen Joo Joe Sullivan Sul Sul- livan before he had been placed In the count county Jail with him He lie had been with another Joe Sullivan an ho he said ald while in Huntington Ore whore he was captured but hut did not refer reter to the Sullivan now In prison Convicts be bo- bo lieve Doming Deming wa was wa-j the cause C. of or Sullivan's Sullivans Sulli vans van's being arrested in Oregon but this Deming denies Bore Ilore to o Gain I His argument In part was a confes contes- Mon sion At one time the robber de declared do- do dared he had talked with Uh other prisoners prisoners pris pris- in tho the count county Jail and they told him bUn it would bo ho impossible to feign teJn sickness and got Sit a aVa away Va wi with th it Ho He said lie he went through the ordeal to show it could bo be done had hatI needles stuck In him and bore other pain without shrinking was taken to tho tim Holy 1101 Cross hospital and escaped later to pe be recaptured I I 1 would try to got get away from an anyplace any place If It I saw a chance he said I 1 tried to get out of oC the tho count county jail jaB and andI I would get out of oC the penitentiary If it C I could In the morning Sullivan was on the tho stand H Ho was questioned by DemIng Dem Dem- log Ing acting as his own attorney and was then turned over to District At At- t torne torney Fred C. C Loofbourow Sullivan Tel rolls In lib hIi Stor Mory Sto Sullivan admitted ho he was wa serving a life lito sentence at tho the state prison on conviction of ot murder In the first de degree do- do gree in connection with the tho Albany bar up hold in the winter of oC 1307 1907 when Officer Charles Ford met his death and that he lie had bad also served sentences in lii Colorado an and 1 California for felo felo- nies ales The small shrewd eyes of ot the convict convIct convict con con- vict not yet ct 31 y years 01 old 1 roved from tho the district to attorney Deming and then out over oyer tho the court room with scarcely a movement of at the tho head He Ho generally wore a cynical smile as os ho answered the questions put to him by the tho district attorney w weaving the net of ot evidence evidence- around Deming Doming Sullivan said both Sheriff Emery and Deputy Deput Sheriff Sharp had told him that Deming came to them voluntarily and told them ho was trying to saw his wa way vay out of ot tho the Jail Sullivan figured figured fig fig- figured they were trying to get him to to talk about the tho matter so ao he refused lIe He said he ho also talked with Count County Attorney Hanson Ianson about Deming Doming trying to saw him nun out ol ot tho Lao cell ecu District Attorney Loofbourow rca road from tho transcript of or evidence in the tho preliminary trial of Sullivan for robbery robbery rob rob- bery lIery before Judge C C. B. B Diehl In police po po- po- po lice court in which Sullivan tc testified that on Saturday January 18 18 when ho lie and Deming were placed In cell No 6 C of the rotary Doming Deming told him ho he had been told by tho the sheriff to tu toV saw out of or the thc cell for tor tho the two of or V them to escape esca In which i transaction Sullivan wa watt to bo be discovered Demins Dem- Dem V lag ins al also o told him he had boon beon placed L there to find whore Joe Joo Garcia was Given GUcH of ur u. u Sullivans Sullivan's knowledge of or was wa I shown when he explained how his suspicions suspicions sus sus- WiC first aroused lIe He said ald I he ho noticed there were three prisoners I In in each ench of ot the cells of ot the rotary bu but bul t L that In the cell In which he ho was placed I Deming was tho the only other occupant Ho lie felt suspicious at once and figured 1 that Deming Deining had been ben placed there t to to feel him out He talked to Deming I about It and Deming admitted lt It Sullivan said ho was mixed on his dates In the tho preliminary examination as the conversation about the Garcia matter and the tho sawing out of ot the Jail dl did 1 not happen on Saturday Deming told him ho he said Bald yesterday about sawIng sawIng saw- saw Ing lug out of at the tho Jail on Monday londa I I got mixed it 11 was wai a 11 mistake mistake- that's all The best of or us are liable to tomake make malte mistakes you know said Sullivan Sullivan Sul Sul- livan yesterday cst In explaining this Hut But SaiL Said Not Nothing Muff He said he hu learned Doming Denting had saws after acter an hour or two in the cell with him He heard hear him sawing at nt the bars bare Saturday night Sunday morning and several other oilier times but didn't pa pay any special attention to It IL It wasn't an any of my business he paid said Ho said Deming Deming- has a a. Jack black wh which Ich he said he was vaa going to use on another prisoner prisoner pris pris- prisoner oner who had hatI threatened to stick him with a knife Sullivan an was wag asked how long DemIng DemIng Dem- Dem Ing lag used tho the saw aw on the tho bars at nt each time I I 1 dont don't know replied Sullivan I I 1 didn't have a watch and its it's hard to Judge Judg-e time In a Jail hen When Sullivan left leCt the thc room Judge Lewis asked that none of ot ho the spectators spectators tors follow him into the hall and the tho corridors corridor were kept ept clear while he vas as taken to tho the sh sheriffs sheriff's office once and thence to the state prison where he lie was again placed In solitary confine corine- ment meat |