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About The Coos Bay times. (Marshfield, Or.) 1906-1957 | View Entire Issue (July 4, 1907)
-"wmm,' jki ' ' ' I S&j Member of Associated Press. VOL. I MAHSI1FIELD, OREGON', THURSDAY, JULY 1, JM)7. No. 310. OBSESS' . I :::x Daily Edition fMltll u ttltil usE times want ADs SE BOWLSBY IN LAW'S GRASP 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. 4,44,4,44,44444,4444 4 ROWLSHY'S ACTION. 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 f 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 Jennings outright. 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, THE ABSORBED 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. 4. THE COMPLAINT. 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 liquor. Sallng's Testimony. 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 TRACK WALKER. 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 arms. 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 result stated. 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 FIRM BELIEF 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. HOTELS. 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 at least r W RESUMES BUN Enlarged Southern Pacific Steamship To Ply Exclusively Between Portland and Coos Bay MORE ACCOMODATIONS Will Carry 02 Flist nnd 20 Second Class Passengers New Third Mate. 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. m. 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 steamers better. Following Is a list of those who left for Astoria, Portland and other northern ports yesterday on tho steamer Breakwater: 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. Sotoyomo Leaves. The schooner Sotoyomo loaded and left down the bay yesterday. . She ia bound for Portland. Berwick Arrives. 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 Friday. 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 ago. 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 U V v sfl t r 4 I "P