Image provided by: University of Oregon, Knight Library; Eugene, OR
' ' '
Member of Associated Press.
MAHSI1FIELD, OREGON', THURSDAY, JULY 1, JM)7.
OBSESS' . I :::x
fMltll u ttltil usE times want ADs
Man Who Killed Jennings Because
of Intimacy With Wife Is Re
arrested On Acquittal
WIPE CONFESSES ALL
Replies AfHrnintivoly to Frank Ques
tions of Prosecuting Attorney
Bowlsby Regs for Hanging.
Dowlsby was much put out 4
and attempted to argues matters
with tho sheriff. This, how-
over, the sheriff quickly stop-
ped and led tho prisoner back 4
to the county Jail. When there
4 Dowlsby tore off his hat and 4
4 coat and desperately demanded
why they did not hang him 4
now. He said, lie had twice 4
been acquitted and but for the 4
deputy piosecuting attorney he
would be freo. 4
4. 4- 4
(Special to Tho Times.)
Asotria, July 3. Tho trial of J.
H. Bowlsby recommenced in tho
Justice court yesterday morning and
tho outcome of tho nil-day's session
was tho dismissal of tho case of the
case of Oregon vs. J. II. Bowlsby.
Immediately upon Justice of Peace
Goodman's verdict being rendered,
Deputy Prosecuting Attorney McCue
ordered the sheriff to hold Bowlsby
pending filing of information
against him for murder in tho first
degree. Bowlsby, much to his
chargln was again Incarcerated in
the county jail. Tho morning's pro
ceedings commenced at 10 o'clock.
Tho first wltnes to be called whose
evidence was note worthy was Dr.
Fulton and his testimony was a
ropltitlon of the fact that Jennings
was shot in tho back without any
shadow of doubt. This was not only
his own unsupported opinion but in
a conference with Dr. Tuttle tho lat
ter also said that the bullet had en
tered Jennings' back. There were
certain indications both doctors rec
ognized about the wound which
clearly indicated that Jennings w,as
shot in tho back. Every witness of
tho shooting, including tho shooter,
have stated on oath that Jennings
was shot in front. Jennings himself
said he did not see Bowlsby. Sheriff
Pomeroy again testified that he had
arrested Bowlsby and also reiterated
tho statement Bowlsby mado at the
time, that ho (Bowlsby- wished ho
had shot a little higher and killed
Bowlsby admitted to tho sheriff
that he shot tho man with a 44 Rem
ington revolver. Tho sheriff saw
and spoko to Jenning and Jennings
Bald: "I am Bhot. I have nothing
to say." Tho gun was produced, but
mado no Impression on anybody con
nected with tho case, least of all
with Bowlsby and Sirs. Bowlsby.
Bowlsby admitted he was afraid
someone might see him with tho gun
before ho had shot Jennings and
tako It away from him. Mr. McCuc,
the prosecuting attorney, then stated
that ho did not think it necessary to
put tho county to any further ex
pense by prolonging tho case; that
he had proved the shooting, and
that there was just cause to bind
Bowlsby over. Ho also said ho could
produce many more witnesses and
that this was merely the preliminary
examination and asked that tho
prisoner bo bound over to tho cir
cuit court. Tho defense laughed at
this suggestion as they had not up
to then produced a singlo witness.
Mrs. Bowlsby was then called and
her appearance was tho Introduction
to another dispute amongst tho
counsel on both sides. She said Jen
nings had a gun and ho knew Bowls
by would kill him. Sho also said
Bowlsby 'had good cause to kill him.
He (Jennings) had been intimate
with her three or four months.
When questioned in what way she
answered, "in different ways."
Counsel for tho defense then ask
ed point blank: "Had Jennings
sexual intercourse with you?"
Her answer was, "Yes, both hero
nnd at North Bend." She added
that this was what Bowlsby objected
... -., T,-.ll... Ihla nvHonxa
io. juib, duwisu, B' ' -' - ,
WlthOUt U D1USU WlinOUl u nib" vt
shame and in the most matter-of-fact
and cold-blooded manner it is
possible to imagine.
Her brother, her husband and hie
sister-in-law were In tho court room,
but this apparently had no effect
upon the ontlro indifference which
has marked her manner since she
first appeared before the coroner.
Mr. Bowlsby, sho said, had always
been a good husband to her and had
always treated her kindly. It is pos
sible that her feelings may be en
tirely hidden and tjiat sho is at
tempting now by a sacrifice of her
solf and her shame to save the
wrecking of two lives on account of
her own indiscretion. It would be
bomethlng to bo able to give her
credit for this, for so far as human
law Is concerned no punishment can
ever touch her.
Sho still maintains that her age
Is 33. Another dispute between the
counsel occurred us to admissable
ovldenco and proceedure, which re
sulted in tho defense advising tho
district attorney to keep his law
library in his pocket. A dispute as
to the introduction of certain letters
which McCue desired should be held
for tho state was waxing very hpt
and tho letters were snatched from
one to another until tho justice in
terposed. Mrs. Bowlsby was on the
stand a long time and she said that
Mrs. Watson, wife of a man at
North Bend, had sent her a telegram
to look out lor Bowlsby as he was
coming on the Alliance, disguised,
she said she received letters from
Jennings through this woman and
Miss Jennings and that Mrs. Jen
nings had advised her to leave
Bowlsby and go away with the Jen
nings lamily. Mrs. Bowlsby, how
ever, said she would not leave her
children, and sho knew Bowlsby
would not let her tako them away.
Mrs. Jennings told Mrs. Bowlsby
at Mrs. Watson's to wait till Bowls
by died and then sho and Cleve could
marry. Harrol, a brother of Mrs.
Bowlsby introduced some new evi
dence to the effect that he went
with Jennings to tho postofilce to
cash a money order. On leaving the
notel ho asked Jennings if ho in
tended to go away and behave. To
which Jennings replied that he and
his friend had waited two nights at
the depot for Bowlsby and if they
saw him intended to shoot him as he
passed between them. Harrol had
been to the district attorney's office
and the chief of. police on receipt of
tho telegram from Mrs. Uatson to
ask for protection as sho believed
Bowlsby would kill her sister. It is
possible tho friend Jennings alluded
to in the talk with Harrol was Tom
Whltemore. This evidence of Har-
rol's is entirely new and never was
hinted at tho inquest.
The evidence was shortly after
concluded and Justice Goodman In
giving hi3 verdict said he thought
Bowlsby had been so persecuted that
ho was half crazed when ho did tho
shooting, and ho (Goodman) was
perfectly satisfied after hearing the
evidence, that Bowlsby had boon so
terribly tried that ho was not re
sponsible for tho act, and therefore
dismissed tho case. At this juncture
the people collected in the small
room of tho justice court jumped up
to clasp Bowlsby by tho hand and
congratulated him. Tho deputy
prosecuting attorney Immediately .r
dered tho sheriff to re-arrest Bowls
by and bold him without bai;, pond
ing tho filing of an information
against him in tho circuit mt
charging murder in the first dei;roe.
Bowlsby was much put out and
attempted to argue matters with tho
sheriff. This, however, the sheriff
quickly stopped and led tho pris
oner back to tho county jail. When
there Bowlsby toro off his hat and
coat and desperately demanded why
thoy did not hang him now. He
said, he had twice been acquitted
mnd but for tho deputy prosecuting
attorney ho would bo freo. i 1
In a talk with Judge McBride, be
fall: with Judge McBride, before
whom the case will probably be
tried In the circuit court tho judge
wa3 asked if he would make any
comment on the case or JuJstice
Goodman's action. Tho judge replied
ho knew nothing about tho case; that
ho had not read tho newspaper's re
port, and never did read those re
ports on cases which he was likely
to have to try nor did ho read crit
icisms of his Judgments.
He said, however, that ho had
heard "Bowlsby had been arrested
and that tho unwritten law had been
vindicated." Tho judge said he
know of no such thing as tho un
written law; that ho recognized no
such thing in this country and when
the peoplo spoko of It, he under-
,tnnJ M.ot t ,r.onn tho hacrlnnlntr .
- vv .w .- "" "J.man and. In his fury he told her he
uiuu law. xuia viuo uiuob ewiiuuiiv,
Is it strange that ho overlooks somo
WOULD BE MURDERER BOUND
OVER TO GRAND JURY
Justice Pennock Places Wife Beater's Bond At $1,000 Mc-
Klndsley Has Been Up For Same Offense
Before Evidence Yesterday
444444444 4 4 4. .J. 4.
U. McKindsley, the above- 4
named defendant, is accused by 4
this information of the crime 4
4 of assault with intent to kill,
4 committed as follows: v
The said It. McKindsley, on 4
4 the second day of July, 1907, 4
4 at Coos county, Oregon, then 4-
and there being, did then and
there unlawfully and feloul- 4
ously assault and beat Dora 4
4 McKindsley, the wife of said 4
' R. McKindsley, with intent her, 4
tho said Dora McKindsley, then 4
and there to kill and murder;
contrary to the statutes in such
cases mado and provided and
4- against tho peace and dignity
of the State of Oregon.
4- J. W. Carter,
4 Private Prosecutor.
.j. . .. 4 4 4 4 4 4 4- 4 4 4 4 4 4 4
Tho McKinusley case, which
ca-ised so much excitement in Marsh
field, was disposed of yesterday to
tho satisfaction of those who were
incensed about tho inhuman treat
ment which McKindsley administer
ed to his wife on Tuesday. The case
according to Attorney Farrin, was
the most brutal, and unreasonable
Instance of cruelty that has been re
corded in Coos County.
The trial was called before Justice
Pennock at 11:30. E. L. C. Farrin
appearing for tho State and George
Watklns for tho defense.
Three witnesses were examined be
fore the noon hour when court was
adjourned to 1 o'clock.
Saw Woman Kicked.
Thomas Duffey was the first wit
ness to the beating, and his evidence
was as follows: Mr. Duffey Is here
from Washington with his friend,
Mr. Saling, and they are traveling
through the country and camping
along tho routes they travel. Mc
Kindsley and his wife and step
daughter were also camped on the
plot of land near them In the vicinity
of the Odd Fellows' cemetery. Mr.
Duffey was busy with some camp
work when ho heard tho daughter of
Mrs. McKinstry calling. Ho went
where h o had n view of tho Mc
Kindsley camp and saw Mrs. Mc
Kindsley falling, as ho supposed
from a blow delivered by her hus
band. McKindsley afterward kicked
her while sho was prone on tho
ground. Duffey wont to her aid and
helped carry her inot tho tent
where nn attempt was mado to
rovlve her. Subsequently, on the
way to town, McKindsley stated to
Duffey that he would as lief kill Mrs.
McKindsley as not and that It was
worse than hell to live with her. He
added that when McKindsley kicked
tho prostrate woman ho struck her
in the face. The cross examination
ellctcd nothing more than tho state
ment that Duffoy did not consider
the defendant under tho influence of
T. F. Saling, the companion of
Duffey, was called next and his evi
dence was substantially the same as
Duffey's with the exception that he
was In a position to see more of tho
disgraceful affair. His evidence was
to tho effect that McKindsley struck
tho woman with his list twice beforo
sho fell and that ho afterwards
kicked her. Saling overheard Mc-
UlUUOiO O JU.JUBB IU1YBIUB UlU WO-
T7lHJnln..lfl m..I. ......1 .1
would break every bono la her body
of the flaws that cause accidents?
Bradley in Chicago News.
before he finished. Attorney Wat
klns on cross examination, asked the
witness if he saw the victim of the
assault strike the defendant, and
received a negative answer.
Defendant Was Intoxicated.
J. W. Carter, who made the com
plaint against the defendant, was
tho next witness for the State. Mr.
Carter, according to his own testi
mony, is a resident of Marshfleld, 49
years of age, and his occupation is
that of city marshal and constable.
Mr. Carter was called to tho scene
of the affray by telephone and while
on tho way out met the defendant.
Air. Carter, who has been in the ser
vice of the city for a number of
years, has become so accustomed to
Olivine out. nrimlnnls nml ntlior nunc.
. I tiounble characters, that he recog-
, nizeu iucivinusiey as me man lie
(wanted at once and accused him.
Tho defendant at first denied the
fact, but soon owned that he was on
his way to the city to glvo himself
up. The defendant stated to Carter
that he would as lief kill the woman
as not. This statement was made In
the presence of Duffey, a3 already
related. Mr. Carter was asked If he
considered the prisoner as being un
der tho influence of liquor when he
met him and gave an affirmative an
swer, saying he took a bottle of
whiskey from McKindsley while on
the way to town. He had no other
Mrs. McKindsley states that her
husband was arrested and fined $25
while they were in Roseburg for
kicking her. The citizens of Rose
burg knew of his treatment of her
and took tho matter up with the
Woman's, Condition Serious.
Dr. Mingus was the first and only
witness called In the afternoon by
the prosecution. His testimony was
of a professional nature and con
vinced the court that there was rea
son for holding tho prisono: until
tho seriousness of tho woman's in
juries developed. He stated that he
was called to attend her about 10
o'clock In the forenoon and foi'.nd
her In an unconscious condition at
tho tent on tho camping grounds.
Sho was troubled with nausea, and
Incoherent... Sho was taken to tho
hospital at his order. Today, Dr.
Mingus said, the woman's condition
was such that he could not say
whether brr Inlnrlps wnnlil tnrml.
nato disastrously, but there were in-
dlentlcinn nf Rnrlnns fnmiillf.nHnnH
and sho wns Htm dnmnntmi. arUpiI
as to tho probability of there boini,'
an injury to the brain, ho stated
that tho symptoms augured as much
The doctor touud tho following In
juries: the lip penetrated by a tooth;
a seemingly serious bruise on the
temple; an Injury on the jaw, and a
bruise on one arm. He was asked If
in his opinion, any of these were
caused by a kick, and replied that
possibly tho one on tho arm may
have been occasioned by this means.
The defense called Mr. Warren, a
local painter, who was nearby while
tho beating was going on. Tho gist
of his ovldence was that when ho
nnd Duffey carried tho woman into
tho tent that she pleaded for them
not to leave her. as he, meaning Mc
Kindsley, would kill her. Ho also
stated that he did not see the pris
oner kick the woman.
Defendant on Stand.
Tho defendant was placed on tho
stand by Attorney Watklns and be
fore he had proceeded far with tho
examination, ho was Interrupted by
an objection from Farrin, who wished
what he termed ancient history ex
cluded. Arguments occupied a fow
minutes and tho court ordered the
evidence admitted. It developed that
the woman had left McKindsley once
In tho company of another man, and
afterwards secured a dlvorco. They
were remarried shortly afterwards.
They were first married at Oregon
City about six years ago, and havo
IN COOS BAY
Mathew Voney, a St. Louis Man, is
Optimistic Regarding Future
of This Section
OWNS PROPERTY HERE
Believes Eastern Capital nnd
Warmer Welcome to Visitors
Would Help Materially.
Mr. Matthew Voney, who arrived
recently on the Alliance from St.
Louis, Is here for tho summer to
look after his property Interests
about hte Bay. Among his holdings
are tho Fruitvale addition on the
east side, Center addition west of
Marshfleld, the Golden property on
C street, the Bernltt property and
the Irwin house and lot, all of which
he purchased two yaers ago, with the
exception of Center addition.
Several people from the outside
have lately come to Coos Bay and
told scarehaed stories of an unusual
stringency In the money markets
throughout the country. With this
In mind, Mr. Voney was asked how j
serious the situation is. His reply
was rather surprising after having
listened to such depressing tales
from others. Mr. Voney said there
had been a slight tightness about
three months ago, but there was no
apparent trouble now nor had there
been for some time. He is very op
itmistlc regarding the future of Coos
Bay and believes it is destined to
become a great city. St. Louis, Mr.
Voney's home city, is undergoing
remarkable improvement and pro
gress is the watchword all along the
lino in the 1904 World's Fair city.
Eastern capital and a warmer wel
come is needed on Coos Bay accord
ing to Mr. Voney's impressions.
Blanco. P. Rennhel, Seattle; Al
fred Rodine, Allegany; W. Depew,
W. S. Paige, Portland; G. A. Han
son, Coqullle; Dr. Tatom, Coqullle;
A. G. Ham, Coquille; Burd Dully,
Coqullle; E. W. and Mrs. Gregg, Co
quille; Dr. W. E. Truax, San Diego;
Harrison, Myrtle Point; Oscar Brun
dln, Beaver Hill; A. E. Emington,
Coquille; J. J. Owlngs, Coquille; P.
F. Roulleau, John Mlchelbrlnk, J.
H. P. Conlogue, L. and Mrs. Cowan,
F. Rouleau, oJhJn Mlchelbrlnk, J.
F. Conlogue, A. Dcroshle, Miss A.
Miller, Chas. Smaile, Harry Dering,
Burton Sanders, Guy Rose, Thos.
Wilson, E. Smaile, A. E. Kime.
Control. Arthur Paert, Coqullle;
K. P. Lawrence, Coquille, E. W. and
Mrs. Gregg, Coqullle; W. S. Galin,
Baever Hill; H. Geddes, Coos River;
O. J. Seeley, Mrs. O. J. Seeley, Jobe
Dunham, Vistor Berglund, J. E.
Oberg, L. Wick, Jesse Taylor, Frank
Ward, W. Riee, Roy Gonger, Walter
Weber, R. Hlllman, Chas. Stldham,
J. S. McGee, John Hiler, E. M.
Dawes, Wm. Ferguson, Frank
Pritchard, Oni Gelhighau.
hQOa. moving about the country most
Of thO time Since. In tllO Cl'OSS ex
amlnation Farrin brought out a con
fession from McKindsley that ho had
been, arrested and fined at Roseburg
for beating his wife. Tho trouble
was started, McKindsloy testified,
over forty dollars which the wife
obtained from him, and which he
wanted to regain.
Held Under $1000 Uoiul.
After listening to tho arguments,
Justice Pennock hold tho defend
ant under bonds of $1,000 to ap
pear beforo tho next grand jury.
Tho case required a secure bond tho
court believed, owing to tho uncer
tainty of tho injured woman's con
dition. McKindsley could not fur
nish tho bond and consequently will
bo a guest of Sheriff Gage until tho
next term of court.
Mrs. Kinsley's daughter of
ten years is being cared for by
Rev. Thurston's family during tho
illness of her mother.
Penalty for Attempted Murder.
Tho penalty for tho crime of
which McKindsley Is accused is from
one to ten years in the penitentiary.
It was considered ho would be
charged with wife beating, which
carries a penalty of fine, Imprison
ment n jail or lasheB, but Attornoy
Farrin thought tho evldenco strong
enough to hold him on a chargo of
attempted murder and so drow tho
cbmplalnt with the belief that Mc
Kindsley could he put where ho
would ceasewjfe beating for a year
Enlarged Southern Pacific Steamship
To Ply Exclusively Between
Portland and Coos Bay
Will Carry 02 Flist nnd 20 Second
Class Passengers New
The steamer Breakwater arrived
from San Francisco yesterday for
the first time since she went on dry
dock some weeks ago. Sho carried
no freight or passengers from the
south as she is to be operated on the
run between here and Portland In
the future. She left yesterday af
ternoon for that port via Astoria
The ship will return from Portland
Tuesday, sailing on her return trip
to that port Wednesday at 11:30 a.
The vessel was partially remod
eled while In San Francisco and now
has more cabin room and Is also ar
ranged for handling additional
freight. Two new steam wenches
with heavy rigs have been added.
Since the new arrangement of the
cabins Gl first-class and 20 second-
class passengers can be accommo
dated. Edgar Simpson, who has been oa
the sailing schooner Echo, was oa
the Breakwater yesterday for the
first time, In the capacity of third,
mate. Mr. Simpson has been going
to sea for a number of years on sail
ing vessels and has handled a large
number of "schooners," but likes the
Following Is a list of those who
left for Astoria, Portland and other
northern ports yesterday on tho
Miss Johnson, A. F. Esterbrook,
Mr. King, F. W. Triplett and wife,
H. Nixon, D. H. Parkhurst, Dr. G.
W. Leslie, B. J. Howland and wife,
Miss Curtis, Win. Curtis, F. F.
Young, E. W. Clay, Joe Johnson,
Capt. Boone and wife, J. F. Wilson,
Wm. Lancaster, M. Poole and wife,
John and Robert Beatie, Chas. El
ford, R. Matson, Matt Olson, T. G.
Best, Henry Spangler and wife, Jas.
Spangler and wife, E. C. Hansen,
Miss Alice McCormac, JJ.J W. Mit
chell, Sam Marsden, S. Dermot, F.
Raap and wife, C. Remschol, Joe
King, D. Robb, E. A. Lund, M. Car
ter, O. W. Hlldebrand.
The schooner Sotoyomo loaded and
left down the bay yesterday. . She ia
bound for Portland.
The gasoline schooner Berwick ar
rived yesterday from Roguo river to
tako a cargo of coal and groceries
to Wedderburn for R. D. Hume. Sho
will also stop at Port Orford to de
liver freight. Sho will probably sail
liuiUIs Motor Boat.
Bert Lynch yesterday started tho
construction of a twenty-foot mo
tor boat, which ho hopes to have
finished by the first of August. Tho
frame of the entire boat is to bo
made of oak, making her a staunch
little craft. Sho will be fitted with
a six-horse power Gray gasoline en
gine. SPOKANE SUES RAILROADS.
Spokane, July 2. Corporation
Counsel L. R. Hamblen has filed no
tlco on different railroad companies
doing business in this city that tho
municipality will start suit against
the companies to recover approxi
mately $20,000, said to represent
overcharges mado on plpo-"i'l ma
terials used in making the receru ad
ditions to tho water sorvlco of the
city. This is tho suit that was au
thorized by tho council several weeks
4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4
MACHINERY 1UIEAK8. 4
4 Owing to an accident which 4
4- rendered one of tho Times' 4
4 linotypes useless yesterday af- 4
ternoon and night tho piper 4
4 Is compelled to omit sovoral 4
4 columns of news mattor, 4
4 44,44,4 fr'frKj' 4,44,4,4