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About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (Jan. 29, 1904)
DAILY CAPITAL JOURNAL, SALEM, OREGON, FRIDAY, JANUARY 29, 1904 FOUR MS. MURRAY HOLDS DIABLO . Crookham discharged from CUSTODY BY JUDGE HORGAN Cotttt Decides That No Felonious Intent Was Shown on tne Ttiai Attorneys for Mrs. Marry Notify Al. to Keep Hands off--the Horse Will Remain at Salem At II a, m. today Judgo Morgan dls- tie -nil bills, nsking Castro what his hargod tho prisoner, nnd hold lliat no hill was, to which tho latter replied felonious Intent had been shown. The ho could not tell. Cnstro said to Mrs. xttmtxly In the raw wnB a civil action Murray that Crookham was moro rat He refilled to hind dofondant to the tied than she wan. grand jury. r p. Tallilngton Knew Murray, Dr. HtronK and Mr. Crookham, nc- and met Mrs. Murray at his homo, eompanled by Constable Lowls, went since hor husband's death. Sho told to tho Ited Front llvory stablo, whoro witness sho had leased tho horso tc Diablo was quartered, and tho animal Castro for half tho receipts for thn was formerly turnod ovor to thorn. 1004 season. In rnmniinn with tha and Uiey In turn announced that the late Mr. Murray's roquost Lator met animal would romaln In that barn, and her qu State street, when somethlna warned tho proprlotor to allow no ( was said about tho contract. When ono to havo tho horso or removo him telling of hor contract sho soemod sat from tho bam, ezoopt on the ordor of ono of then?. Diablo will romaln In Salem. Testimony In Case. Tho hearing of tho caso of 0. T). Crookham, on tho charge of stealing tho stallion "Diablo" from the fair grounds, was concluded yostorday af ternoon, whon tho court reconvened at t p. ra. Sovoral moro wltqossoe Jor tho stato woro heard, followed by thoso for tho defense. Alpha Man soy, Castro's stable boy, was tho flrat witness called. Ho said ho was a groom In Castro's omploymont; was with Castro at tho fair grounds when Crookham took tho horso. Mr. Crookham. Dr. Strong and Mrs. Mur ray camo nfler tho horso on tho 26tht Did not hoar conversation nntll Crookham attempted to opon the loor to tho stall, whon witness warned Mm to deslsL Did not seo Crookham opon tho door. Saw him lead Diablo out of the gato. Heard Castro ask for his authority to tako tho horso. Mrs. Murray told thn witness that Castro had no lease on the horse Isfled with tho nrraugomont Cross-examination Castro worked horses for witness, and latter was In terested In kcoplng "Diablo" In Salem and Improving tho breed of horses hero. J. A. Poolor Know Murray and met Mrs. Murray iftor hor husband' death. Was Introduced to hor by Cas tro. Sho told him that sho had ar ranged with Castro to keop tho horso nnd Murray's contracts would bo car ried out to tho letter, so far as wit ness' Interests woro concorned, Cas tro had kopt tho agreement. Ho In. troduced a chock given Castro In imv. ment of sorvlco, nnd a receipt slgnod y castro and Mrs. Murrnv. (No cross-examination.) Sam Castro recalled for crossoxnm. Inatlon Did not romombor bolng told not to run down tho reputation of "Diablo." but to buy him choap. Do med Having told Perry Mauxv hnf Mrs. Murray was craxy. The Defense. Dr. V. 13. 8trnnc ItnoM.jr.f c... t ranclKco, and n brothor of Mrs. Mur- I wanted to make arrangomonts to keep tho horse, but Uioy could make no acroomont Tho horso will' not be removed from Salem, but bo hero the coming season. Told Castro they wore ready to pay him for caring for tho horso. Know dofondant for 18 i Crots-oxamlnntlon Did not say the .horse would cortalnly go to Callfor- lina j 0. D. Crookham Married Mrs, Murray's slstor. Was noting for Mrs. Murray In taking charge of the horso. I wont, to mo siauio oi uiauio, ana mci Castro, and told him that Unless writ. , ton contract they would romovo the 'animal. Demanded 'horso. Took lock off the door, but did not battor It. Took out horse and led him to town. When town was reached Crookham 'was arrested by Constable Lowls, and horso placed In barn and cared for. (No cross-oxamlnatlon.) Dr. J. A. Richardson AStteadod Murray during last illness. At time of death he also treated Mrs. Murray. She was In a highly nervous state dur Ing husband's sickness, and nftor his death sho went Into an almost total collapse. Sho was norvous, almost hysterical, and witness roared It would bordor on Insanity. This con , tinned up to tho tlmo of her) trip to California, about Novembor 1st. Cross-oxnmlnatlnn Troatod hor continually from her husband's death to hor trip south; sho was In a norv ous, emotional condition, threatening solf-destructlon, hor grlof bolng the J cause. Ho was compollod to give hypodermic Injections of morphlno to , quiet her. Troatod her slnco hor re turn. Hor condition now vory much bettor. no-direct Sho was In condition to bo easily Influenced to mako almost any kind of contract. In hor mental condition sho was unstablo. Witness ofton urged hor to loavo business mattors alono, and go to California. ThlB closed tho testimony In the case. Adams Citea Authorities. JUST PLAIN KILLING Mrs. Price Who Shot Her Husband in Kansas City Is 'Acquitted on the Ground That sue Was at tne . Time Emotionally Ima le Kansas City. Jan. 29. Mrs. Lulu Kennedy Price was today acquitted cf murdorlng hor husband, on the pica of emotional insanity. This was her second trial, the first resulted In con vlctlon, nnd a sontonco of 10 years Three years ago sho shot six bullets Into hor husband, kicked tho dying man In tho face saying, "You'll never betray anothor girl," Tho causo of her killing the man was his suit foi divorce, he alloglng tho marriage was unjustly forced upon him by hor fath er and brothers with rovolvors. JfjSr First Km jf m a Need 1 A R wage., j m. Now Made to Stappiy J lL a Demand gc Mi .EfiaW. More than u Million Sold fm M r:r"'i" .-.-" - - zrz sir to rair grounds. Met Castro, ana asked latter how much his services r-arliiK for tho horse were worth, as they wen anxious to settle. Castro Mrs. Murray what terms she would glvo lilin, when something waa said about a commission, but no agree ment made. They worn willing to set CRUSHES OUT THE LIFE 10 ,Jl&fT&&B$fo IT!! yPSawfl MSii XSVHH II JM M il?3 Till tnmit- tfuifliu u i . . . Hvhur th .. iJ 7 r.-?n" .," Pu,,,Xe uf wliol. aystem. sinful wci,fM lJT P-I throughout the conir coloi.l ...i..i... i "'."'' "I'lMJor the irroins. a red r.iub n,i become lmte, nd Iht ffiinl ewU Miy' !'lC, IM0H,h a,,a thro' i ." , " vegetable iuxtetlieuts S s ; dry up th. m. ad drive In th. duLiT W.L 'r."!". a,ul Ptih. smh for our homo treatmeut ImviIt 7i ..J; . ""weutly. uavicc or special Worna ' ooW - mcswiFrspecino co.. Atlanta, ga. fM9 v o-uai?ts I 904 Constviiriinr English Shapes. Auto Gears. Cushion Tires. Tangent Spokes. QMfoooq, and Qljye FitUshes, Folding Gatts. i The House Furnishing Co. iZ2Z! Salera A!bMy. r '"""'iiiitmammmWtt Mr. McNnry waived argumont. Mr. Adams rovlowed tho authorities and proccodod to apply tho samo to the caso. Tho question of Crookham's al leged Iarcony had boon lost sight of. Tho olomont of felonloun intent was not prosont in this case. In a caso boforo tho supremo court. Judgo Thayer had held that where a man took a steor undor order of and owner, it was not stealing. Thero was no larceny Intended. In 11th Oregon, stato vs. Swazy It was held taking cattlo off rango undor mump prohonslon was not a crime. IjvjHato vs. Eastman 19th Paclflc, taking a maro to securo a debt duo for wacos. hold to be not a crime as it was dono In open day and without felonious" In tont In 18th Mloh., People vs. Hlllho'uso, hold that property tnkon In good fnlth under a claim of right without felonious Intent, was not larceny. In 83rd Alabama, Black vs. Stnto, a man charged with stealing a hog, taking was open, notorious and avow od, nnd no secrecy or denial, tho mnn was dlschnrgcd. There was a strone presumption of Innoconco. In 7nh Oeorgln, a man charged with stunting a bell, taking It undor a fair claim of right was not larceny. Mr. Carson's Argument. In this caso ovorv fenturn r . w -- vwftvstSM- mat intent was nlwent. If such civil controversies woro pormltter to )jo tried on a criminal charge, thoro was no use trying any civil suit at ex pens of private parties. This was really an action of rnnlsvin ito.a t stat expense. It was a prostitution of R court of Justice to carry on such lltl 'nation to rlht civil wrongs. Under .... R...n ,(l liM procedure for re wvry of the horso the taxpayers foot the bill. The quostlon of a lease hi castro was the point at Issue. No we imagined for a moment that a horse had been stolen in im. ... There was no pretense of a contract. -.. .Murray having ben shown td be hysterical and mentally unfit to wake a contract. If th iVii .. over reachel trial It would be shown that no contract xUiMi t,. u... n no crime committed and thaw ho iminuatlon for a civil suit Mr. Slater's Aroument The prisoner did nt nr, .. ... the owner of the hor. Mrs. Mur. 7 u. m. owner, qualined by a lease. Castro kaJ B .. . ' .. 8hU. The. criw n i.M taVlng mi reftwvlag by trewpais tho .irnr or aiMKaer for his owa ad- aatage. The tew of the state woa vtolated. as the OWB .."! wiwt th. uu :z ,: t was lath, Hghtfulpoeo; Ooham took the u L. ewa bands. Oastra h..i ...A ...;" Kreat restraint In ,Z " " w lu twd of f9rea. xirTZ w ww m ted tht nT! v Murnyp a,iBlt. J taat Castro had a oaatract TTa tha state, n tl. ?"? ft'JJJ Bryan'o Sister Dying. Lincoln, Nob., Jan. 29. Physicians this morning say Miss Nanny Bryan, slstor of Wm. Jennings Bryan, can't survlvo tho day. Sho Is dying of per itonitis. Bryan has cancolled his lec- turo dates, and is hurrying homoward from New Jersey, whoro ho addressed a meeting last night. Ames Gets Free. Minneapolis, Jan. 29. Tho stato bu promo court today knocked out the indictment upon which ox-Mayor Amos was convicted and sentenced to tho ponltentlnry for malfoasanco in ofllce. He is now free, as this Is prob ably tho last chapter In the notorious scandal. Clove JHay c Russell Goes to Panama. Washington, Jan.' 29. Russell, tho Amorlcan charge d'affalroa at Cara- THIN PEOPLE want to get fat andlfat people want to cet thin human nature. If you are fat don't take Scott's Emulsion. It will make you gain flesh. If you are thin Scott's Emul sion is just what you need. It is one of the greatest flesh producers known. Not temporary gains but healthy, solid flesh that will fill out the body where it is needed. There's nothing better than j acotts iimulsion for weak ness and wasting. .SCOTT&UOWNE, i,, StrMt uw y fc Just rocoived a car load of the finest clover on tho markot. It is clean and has that green color that mnkoo hay good. W-fi-H-HH-HWH-H''W; 'Hill 8 lllM I H"H-fH4 : A Voice From II Friedman . . i l H li 1 Ihif ..Sul .K. In! I l.f M m n t 1 11 v ri'T'i k1 i"!1 1'T'i-iT'i 'i r i i i i it ; : : i ;; Since I havo boen prevailed up-; ; ;on l by mnny of my frlonde to ', , .iviuuiu in QUH.-U1, i naro uxca up . ,iu Lore ai in aiaio street, andt . .havo a nlco new stock of a! :: Furnishing Goods J ::Hats, Clothing, Etc. :; I wlthdrow from advertising so' ' I Ithat wo might havo moro tlmo in) ; ! hich to bulla our shelving, etc." ' ..Wo nro now ready for business,; Hand thoso In want of any of the! ' abovo lines or oil-goods, we will!; bo pleasod to havo call at J 49 State St.i! White & Son '-' Feedmen and Seedsmen ::3010om'lSt, Phone 17S1 tnm i mi Hiiiiinmi iiiiHioiiniiimniii Real Batgams In Real Estate ? inTffcii fnHHw SSIWMfef xKftiRSESI ens, has been ordored to tako charge "i uio American Iogatlon at Panama during tho nbsenco of Minister Bu chanan, who lenvos for Washington next weok. it Is belloved Russell will succoed nuchnnnn as minister. Toll us what you want: we'll flnA ttint A. HA !-. ..!(. ti I I I I I I I "v" ""'' -uu Kt iuu uuu ui i y.. rr-. , . , , rrwM-rrWH- t your invostmont. $5500 200 ncros of landthatwlll cut 8.00Q.OOO foot of Umbor and steam powor sawmill in good running order, capacity 20,000; ono logging engine; large amount of avallablo tim bor at 50c stumpage. If pur chased now can, bo had at the oxtromely low prico of J55W; land and tlmbor alono worth tho prico askod. Farms, fruit and stock ranches, largo and small, for sale on easy terms and low prices. $1600 Farm, 40, acres, all In cultivation, fair barn, four milos from Salem, prico $1600. A safe Invostmont, that should sell quick. Wltawa, Prof. Jameson. Bldrledge block, rooms R nH u parlor. Psyslc and Phrenoglst Palmist A wonderful man. wnn.inrfi ... tutatretlOH of this iHftoH . o-v 1UUU B strange power mU8t be witnessed to be bsllev!. Hell rend Mur past and present life, simply from the marks of f-T h- lwn m 0U thft nteP- tatlon in buslneea. in mnrr4n ... . social life, HB w1i. ,all ":. " '" " w waai causes aucces aad rti..ra i- .... when and how. He u . i .' Uad you la superstition or myeUc Simply he will read your life ..' onco. As a proof vou mv ... Bible at home, and ,,u w, fln(, . in jhwk of Job 37:7: -JI ..i.i. ... . haad of every , ut a WW, wwk.- DtMUtM. lwf. Janesm. Hs advloe aay be the HW of JwiraaBflBeM. OrBee hwtn. 9 a. m. 7.tA Sunday.. 10 to, ya , to'6 Pretty Safe Rule to.Go By. ),.. . t.here ,s a '"ng that the heart or lungs, blood or liver, brain or norves nro diseased, nt onco com menco to ,nntn i, .'." ?;r F is tho foundallon of th. t0 -., uut ui uvery aoo Commonco XLXL&srimsrz i,Ii i. . . "'senses wh ch havo CASTOR I A Por Infants and Children. Tne Kind Yon Have Always Bought Dears tha -rf Bignaxurooff wo04w0 Imported Btilfes ' .... uu a!ortment of HYACINTHS TULIPS .--rb(;:i; 7,Z;"?.. "';; '" -wy reduced. ; Savage & Fletcher i! Dealers In () FH' GRA,N AND SEED i; 322-324 Commercial bi". i I r - M i A Business Talk t Fired Htttst&Co.t 2 Office In Murphy b!k, (upstairs ODDOslte Bush's bank. W-H-Hh-1 1 1 1 1 H I II I n m Deutecher Klelderladen. i We havo a nice, clean ea- reiy now stock of CLOTHING AND FURNISHINGS We keep no books. Sell for cash because wo are Selling at such extremely reasonable prices anyone can buy from us. Our expenses aro light; we don't havo to get big -profits 2 w live. Thorefore, It will be a saving to you to deal with tie Y. M. C. A. Clothing and Goats Ftrrntenings Y- M. C. A. Building, EMIL KOPPE, Salem. Proprietor. White Plymouth Rocts ENGLEWOOD POULTRY YARDS C. F, Ruef, 'Prop. Setting of 15 eggs $1.60. Breedr of Pure stock Whtf -Pi!,,!, nvks ex clusively. Thev am pnnA layers J aeldom eL Salera. Or. l-JW flfwNPflf . ---'i"V--g--- PHMW