Roseburg review., December 13, 1916, Image 1

ot Juv
ROSEBURG
REVIEW
MILLION DOIXAB SEASON.
Douglas County exports for the
present fall and winter season will
bring 11,000,000 new money.
BUSINESS 19 GOOD.
Good crops and high prices makes
money plentiful. Review advertisers
set the business.
VOL. XIX.
ROSEUURO. OREGON. KDMJSUAV KVKMNG, HUCTOMHEB l;l, 1!10.
are: i
No. 24."i.
PEACE PROPOSAL
AMKIUCAX EMI1ASSV IlKMEVES
(JKH.MAXY HAS NOT FLATLY
ASKI'.I) THE XKlTIiALS TO
START THK l'U.K'U MftiOTIA
TIOXS. GEORGE WILL OUTLINE POLICY
(li'i'iiinn Sea Forces Knlered S(Mflen
and Hulled Two Steamers Laden
Midi Contraband of War
Knroute to Knglnnd.
BERLIN, Dec. 13. The
American embassy believes Ger
many has not flatly asked neu
trals to start peace' negotiations,
but merely requested America,
Spain and Switzerland to in
form the entente nations that
the central powers were willing
to discuss peace. The diplomatic
corps considers the move a mas
ter stroke. "
Secretary Grew, of the Ameri
can Embassy, personally typed
the translation of - the note.
Chancellor Hollweg asked Mr.
Grew to send it to London,
Paris and Roumania. He also
asked the Spanish Ambassador
to communicate with Belgium
and Portugal, and the Swiss
Ambassador to communicate
with Italy.
Allies' Peace Terms.
LONDON, Dec. 13. The
United Press this afternoon as
certained from various sources
the allies' peace terms. Al
though unofficial, this informa
tion is believed to represent the
concessions Germany must make
to obtain peace.
Evacuation and restoration of
Belgium, Northern France, Po
land, Serbia and Roumania. Full
indemnity for devastation of
these countries. Restoration of
Alsace and Lorraine to France.
Cessions of Constantinople and
the straits to Russia. Indemnity
ship for ship for all destroyed
vessels. Adequate punishment
of officers responsible for Bel
gian "atrocities."
In all quarters it was empha
sized that the only possible
negotiable peace questions was
the disposition of the captured
German colonies and the limita
tion of Germany's future arma
ment. Will Outline Policy.
LONDON, Dec. 13. The
United Press was reliably in
formed that Lloyd-George is
preparing to answer Chancellor
Hollweg when he announces the
government's policy in the
Houses of Commons Tuesday.
Colotiel House Active.
WASHINGTON, Dec. 13. It
was learned that the adminis
tration does not intend to send
Colonel House, President Wil
son's personal adviser, to Eu
rope to take a hand in the Ger
man peace move. Mr. House
spent last night at the White
House. He conferred with Sec
retary Lansing briefly this
morning and then returned to
T.,. v..i-
Sea Forces Are Busy.
BERLIN, via Sayville, Dec.
13. The press bureau announc
ed that the German sea forces
in Flanders entered Soofden on
the night of December 9. They
halted the Dutch steamer Cale
donian and the Brazilian steam
er Rioparda. These vessels were
carrying contraband t o Eng
land. It was announced that the
Roumanians have resumed their
retreat, after attempting to
make a stand at the flooded Ya
lomita River. The Germans cap
tured 4000 men. They were suc
cessful in patrol engagements in
the Carpathians. The Austrians
repulsed the Russians in Tran
sylvania. There was artillerying
on the Somme and Meuse sec
tors. Night patrols clashed.
The western front was other
wise quiet.
CHARLES BRAND AND
ROY GRIGGS PUDGE
THEIR VOTES TO BEAN
It was announced here last night
that Keprescntatives-elect Charles A.
Hrand, of Garden Valley, and Hoy
Griggs, of Comstock, have come out
openly in support of L. E. Bean, of
Eugene, for Speaker of the House
during the next session of the State
Legislature, which convenes on Jan
uary 5. Telegrams announcing their
attitude in the Speakership contest
were sent to Mr. Bean last night by
Mr. Brand and Mr. Griggs. Receipt
of the messages was acknowledged
by Mr. Bean through today's' issue
of the Eugene newspapers.
Although Mr. Bean will receive
strong support from the Southern
Oregon delegation to the Legislature,
all predictions indicate that H. N.
Stanfield has a shade the best of the
contest. Mr. Stanfield claims a total
of 37 votes, while 31 votes are suffi
cient to elect the Speaker.
Mr. Bean stated yesterday that Mr.
Stanfield was overestimating his
strength.-and that the-latter had but
25 votes at his command. Because
of this contention, Mr. Bean says he
will remain in the contest to the
finish.
W. H. Gore, joint representative
from Douglas and Jackson counties,
has also announced himself in favor
of SMt. Bean, according to word
teaching Roseburg.
I
mow sc'Hunri.K of iiati:s was
ItKCF.IVF.D BY THK LOCAL
KOl'THKItX PACIFIC OFFI
CIALS TODAY. ('All SHOIiT
AOF IS SKHIOUS.
MUST UNLOAD CARS PROMPTLY
l-iulor the Amended. Ieniiii'rae.e Hill
ing; a Graduated Charge Has
lioen Fixed .May Ilelieve
Shortage of Cars.
Changes in the demurrage and re
ciprocal demurrage rules in Oregon
as applying to inter-state freight in
carload lots have been decided upon
by the Public Service Commission
to become effective January 1, 1117.
Service of copies of the new order
nave been received in Roseburg.
Under the rules now In effect, de
murrage is charged by carriers at the
flat rate of $2 a day for each day
which cars are held by shippers lor
unloading or loading after a period
of 48 hours' free time has elapsed.
Under the amended ruling an
nounced today, a graduated charge
lias been fixed. The regular 4 8
hours of free time is allowed the
shippers, but after the expiration
of that time, the following charges
will be made until the car is re
leased: $2 a car for the first day or
traction thereof that the car is de
tained beyond free time; $3 a car
for the second day or fraction there
of, and $4 a car for the third and
aach succeeding day or fraction
hereof. The $4 is tho maximum
imount allowed by statute.
Provision is-made that when an
impty car or empty. cars are placed
n order and are not used, but arc
returned to the railroad empty, no
ree time will be allowed, but de
mirrage will be charged from the
irst 7 a. m. after placing or tender
ts follows:
Two dollars a car for the first day
r fraction thereof, $3 a car for the
second day or fraction thereof, and
54 a car for the third day and each
uieceeding day or fraction thereof.
MOTOR LICF.XSFS NFXT.
A number of Roseburg automobile
owners have already made applica-
ion to the secretary of state for
their 1117 license numbers, accord-
nc to word received here from Sa
lem today. There are approximately
34,000 automobiles in Oregon at the
present time, about half of which are
3wned outside of Portland.
TO HXIIIIHT AM.M.'I, PHTUIKH
Tho Roseburg Sportsmen have ar
ranged for the Anger's TliPater Fri
day afternoon. December 2 2, when
they will present a progra.n of in
teresting pictures and a lerture by
V. L. Finley on animal life In tr
hp.lf of the F'.ate Ga.ie Commission.
This pvogrim is especially for the
benefit of the children and la said
to conFlst of some of the best ani
mal pictures ever taken.
o
HOI, I, KG TO fvXPKAIX.
BKBLIN, via Sayville, Dee. 13.
It was announeed that the IMchstai;
assembles Tuesday to hear Chancel
lor Hoilweg's explanation of the mill
tnry Rituntfon on the southeast front.
LiQUOfl LAWS ARE
BEING VIOLATED
DISTRICT ATTOllXF.Y XFl'.NFIl
WILL KXCHANOH HOOZM AFFI
DAVITS WITH OTHKK 1MIOSK
(il'TIXO OFFlCKItS OF THK
STAT 10.
MUCH LIQUOR BEING IMPORTED
There Were n Total of 1101 Ship
ment of M(iior Into Douglas
County During the Month
of November.
The district attorney's office has
information that there are a num
ber of people who travel from town
to town over the state receiving In
toxicating li(uor at the various
points, thereby evading the prohibi
tion law and obtaining more than
their allotted amount of liquor. When
interviewed regarding this condition,
Mr. Neuner admitted that he had
some information to that effect, and
stated that he would immediately
take up the matter of exchanging
liquor lists with the various district
attorneys, so that the same may be
compared in order to ascertain' the
names of persons thus violating the
law, and prosecuto them.
Another matter that Mr. Neuner
has under consideration is that there
are a number of people who solicit
names for the purpose of vising them
to obtain liquor. These names are
usually obtained from person:! who
do not send lor liquor or use it them
selves, out it frequently hap- ens that
such person receives the liquor and
then delivers it to the real purchaser.
When, aslted residing the law in
connection with this matter, District
Attorney Neuner stated that it was
an absolute violation of law for any
person to use another person's name
in order to obtain liquor. Ity that
method, both parties would bo guilty
under the law. An investigation is
now being made, and every portion
who 1m found to have used the name
of any tother person will foe prose
cuted. Not only will the person re
ceiving tiie liquor be prosecuted, but
also the person whose nane has been
used. There is no excuse for people
violating the law. This law has been
thoroughly explained, and every per
sfn who wishes liqjor can get it.
legitimately, but he cannot be made
a cat's 'paw or tool for another per
son who wishes to get i:i large quan
tities for the purpose of violating
the law. That is one of the -nost
despicable crimes. it not only in
duces a per&on to con n; it perjury,
but also subjects him to a severe
penalty, and the dist riot attorney
will use every effort to run down and
prosecuto these violations.
Oi'.rliig the month of November,
1910, there were 1 1 ti 1 shipments of
liquor received in Douglas County,
consisting of 1 744 quails of whis
key, 2170, quarts of beer, 2 ISO quarts
of alcohol, 4,ri quarts of brandy, 4 0
quarts of wine, 8 quar-t of gin. 2
quarts of rum. Various pharmacists
received 1 1 6 quarts. of alcohol, and
40 quarts of wine was received for
sacramental purposes.
.mi:s ark ih;sii:i;i.
Mrs. George Bolter .chairman of
the local charity committee, desires
to have all persons knowing of poor
people in the city to notify her at
her home on South Jackson street.
All cases reported will be investi
gated, and If found to be worthy,
they will be provided with their
share of the necessities. The charity
committee is hard at work and they
desire tho co-operation of the public
in order that they may handle the
task successfully.
FOUFCIiOSlKK Ol-1 MORTGAGE.
Judge Skipworth this afternoon
hoard the arguments of the attor
neys In the equity case brought by
S. A. Stanford, acting as trustee of
the First National Br.nk, to foreclose
a mortgage on certain property
owned by Mrs. Sarah Day. The mort
gage was originally given the barm
to insure the payment of two prom
issory notes aggregat'ng $0.01)0. The
evidence was taken nearly three
years ago, but the final arguments
were delayed front time to time un
til today. Attorney O, P, Coshow
a p per. red for Mr. Kaiil'ord, while At
torney J. O. Witt son represented Mrs.
Day. Judge Skipworth look the evi-
! dene under advisement and a de-
cision will not be rendeted for sev
f ral dcys.
;.IX IX AFFIDAVITS.
Comparison of the liquor affidavits
for November and the previous
j month indicate that the thirsty are
preparing for the lont? dry Hpell thai
! i tt) follow the next f'SBion of the
1 HU'p Legislature. There were ;iti7
more shipments of liquor Into Doug
! las County during November than
during tho month of October.
NATHAN FRANK FINED ;
FOR VIOLATING THE
LIQUOR SHIPPING LAW
Nathan Frank, a Roseburg junk
dealer, who was taken to The Dalles
by Sheriff Clirisman this morning to
face trial on a charge qf stealing a
revolver from a second hand store
there, was Monday arrested by the
local officers and later arraigned in
Justice of the Peace Riddle's court
on a charge of receiving more liquor
within 2S days than is allowed un
der the provisions of tho state pro
hibition law. The defendant pleaded
guiltv and was fined in the sum of
$20.
The officers claim that Frank for
merly lived in Lane County and while
at Kugeno on November. 20, he re
ceived and receipted for two quarts
of whiskey, lie then cam 010 jvistv
burg and on December 6, received
another shipment of his favorite bev
erage. When confronted by tho af
fidavits, Frank made no denial of
the crime charged against him and
readily offered to plead guilty. 1
The officers believe there are many
cases where men get liquor In more
than one county, but becauae oi the
lack of a law whereby the affidavits
can bT made interchnngable, the vio
lators escape punishment.
MAY SOLICIT PARDON
FOR SLAYER OF EDNA
MORGAN, IS REPORT
Th at a strong effo"t v.r.s
made about two yer.rs at;o for
the pardon or- parole of Roy
Farnam, of Cow CreoK Valley,
who s now serving a term in
t!ie stale penitentiary for kill
ing Kdna Morgan, was an
nounced at Calori Tuesday fol
lowing the remiefirg of tho
opinion by the Supreme Couri,
according to tho Morning Ore
gonian. Tho Oregonian a'lso
added: "Information develop
ed here today in the light of
the strong dissenting opinion
by Justice Burnett, that an
other attempt will be insti
tuted soon to gain executive
clemency for the prisoner."
Farnam is now serving two
sentences in the penitentiary,
the combined terms of which
total a minimum JSof four
years.
POPULAR RIDDLE MAN
IS PLAINTIFF IN SUIT
FILED THIS MORNING
I. A. Donn, a prominent resident, of
Kiddle, tills iiiovnlng til" 1 u Brit for
divorce in the loral Circuit Court
nsaimit his .wife, Mrs. Itosa Dean.
Cruel and Inliiiinim treatment,
coupled with desertion wero tho chief
allegations contained in the plain
tiff's complaint.
Mr. and Mrs. Dean wero married
in Jackson County, Oregon, on May
II, 1901, accordiHK to the complaint,
and later nioVed to Itiddle to reside.
During the last th years prior to
their separation Mr. Dean alleges his
wife nagged al lilm almost contin
ually. He says she possessed a fault
finding disposition and his life was
rendered liurdonsomo hecause of her
Insults. On one occasion the plain
tiff says his wife threatened to shoot
him. while at nnoiher time she oc-
cused hlin of being intimate with
other women. Mr. Dean says I lit.
latter charge was absolutely falsr
and was without foundation.
On October 1!M0, Mr. Dean de
clares Ills wife packed her belongings
anilft his home. She has since re
fused to return to the plaintiff.
In addition to a decree of divorce,
Mr. Dean asks for the custody of
the minor child born to their union
and ait order declaring him to he
the sole owner or certain realestate
situated in Douglas County.
WANTS .IHHtK ('.WIS.
W. A. iiurr, local a.f.ent, for the
Ford automobile, left this afLernoim
for Portland, wl.ere he will endeavor
to secure two or three cartoadK of
cara at, once. Mr. hurr .vd the d
mand for Fordn in far in e:cess o)
the supply and that he bus more
than a caiload sold but has none on
band. The Kurd CiT.-i-e is installing
ti tire vulcanizing plant and II. C.
Waiter, formes ly f (be Motor Kliop
Oarage, will be in ch:ir. e of thin de
partment. i.AXD saij: pl.m:d.
The officials of the local Indian
AK'-rcy will hold another bunt snle
early next e;ir. a-cnnllng to nn an
nouncement, mad" recently. The
lands to be sold at tiiii n:ile are lo
cated in Northern California, Cook
and Curry count It, and in
Oregon,
K,!t eifc
FILED REPORTS
TWKNTV-TW'O ()!' THK SI.Vl'V-
I'TVIO ItOAU DISTHICTS IX
lOl';l,AS COVXTY VOTK S1K
i.U, TAXIOS I'Olt IIKiHWAY
I.Ml'liOVIvMKXT.
ABOUT $27,000 WILL BE RAISED
The Special Levies Itange l'Yom One
to Ten Mills (ieiieral Itoiul
1'liiul Will Hiilium-c Hie Total
Sum Available.
Twenty-two rond districts in Doug
las County have voted special taxes
with which to Improve their high
ways during the year 1917, accord
ing to a report tiled with County As
sessor Frank 1.. Calkins this morn
ing. The levies range from one to
ten mills and will raise approximate
ly $27,000. This money will be
available for road Improvement
work In Douglas County next year,
in addition to the funds which will
bo derived l'roni the general road
levy which will be ntado by the
Couuly Court following a special
meeting to he held here on Decem
ber 20.
The districts voting special road
taxes .together with the levy of each,
follow:
District
1
Levy
. 2 Mi
. 2 V!)
I II
2 9-1(1
7
fi 2-10
6
1
5
5
1
ti
fi
X
2
.10
fi
5
10
County Assessor Calkins spent part
of today checking over the special
road levies In order lo ascertain
whether they comply with the laws
governing road elections. The levies
will later be extended on the lax
rolls and turned over to the sheriff
for collection.
iii:t;i: l'lto.M iiaiiiuski i:c.
M. I). .Morgan, of I larrlsbing, was
in Itosoburg today on business, lie
is a newspaper man there and was
until recently owner and publisher
or Iho HalTlsburg lilllletin. Mr.
Morgan says Fred Heard, Jat une
time a resident of Yonralla, Is now
engaged In the mercanllle business
at llarrlshurg. lie Is doing a nice
business Ihere, according to Mr.
'Morgan and Is well satisfied with his
location. 7.
AI TOS ACCIDENTS.
Two near incidents with automo
bllen oceurred on the streets today,
one ear, believed to be a delivery
Wilson, n'rty ei-anliin through the
ratling of tho' Deer Creek bridge and
pluiiKins about 2 0 feet to ground
below. The ear Hwervfd after Htrili
hiK a deposit of gravel at, about the
center of (lie ntnn:t' re and was
prob'ibly thrown towan'H the railing
when the 8teirintf wheol was
wrenched f ro:n t be handH of tin
drivi-r. Anolher car, a Dodge, owned
1 y ('. O, Wi'ber. or lOdenbower, Hhld
ded into tho curb at. Slephi-nn r.nd
l.'tne Btreets this morning and ran
for considerable distance upon the
lawn of Ilobert tide. It was dam
aged to the extent of a denied fen
der. The delivery c;,r could not be
located thin nfiornoon, but it is thot
ft. Buffered Home damage.
.MKXICAN IS AmtKSTi:i.
" HorSTOV, Dee. i:t.-The Oovern
ment, charged It. Mler, a Mexican,
Willi ooiiHpiring to violate American
neutrality. Ten thousand pouimIh of
rifle ammunition was seized al (iai
t":!on. Mier's lather was war min
ister under I'orfirio Diaz.
ICFTI KNFD FHOM HKM).
!I''rrv I'eanou. a well Known
young man of this city, ret tu ned here
Tm-fiday iiight from Mend, Oregon,
where he has been located tdii 'e last
A, ay. He is eteployetl (y ihe South
ern Pacific. Company there, M r.
I'earson says Pend hi c.ie of the most
tli'Ilirht fti! itlace in Oregon and has
a bright future. There are neverat i
mills located there and they are all
operating on foil time. Mr. Pearson
experts lo remain in Itnebiirg until
after the holidays. lief ore leaving
Ittwburg he was employed by lb
Southern Pwlfle Itatlroad Company
anu laier in iocai reHiuiiiiinis.
MINING CASE ARGUED
" BEFORE EUGENE JUDGE
IN ROSEBURG TODAY
Judge Si-inwtirth, of Fuoie. this
afternoin listened to uruments for
and against setting aside an order
or sale ot certain property Involved
in tho case brought by the P.oseburg
National Hank agajnt lOd. Camp, of
Southern Douglns County,
The action originated when the
officials of the bunk brought suit
against Mr. Cutnp to foreclose a
mortgage on some mining property
in tho vicinity !' tunnel No. 7. The
mortgage was given, according to
tho plaintiffs to secure a certain
loan itindo to the del'enilanl. At the
lime or the hearing a judgumt was
rendered in favor of the bunk and
au order was Issued authorizing
foreclosure of the mortgage. An
execution was Issued some time later
mid the properly was sold In accord
ance with the court order. Mr.
Camp now asks to have the order
confirming the sale Bet asldo on the
grounds that the property sold in
cluded certain personal belongings
of the dol'endant. Attorney H. L.
Eddy appenred I'or the lioseburg Na
llonal Hank, while Attorney Albert
Abraham represented Mr. Camp-.
Judge Skipworth has taken the evi
dence under advlseinent. and a de
cision will be rendered by him later.
o
Xt:V LAW .11.1 Y I1U ADVOCATKl)
inn, dim; imkknts hukponsi-
lil.K I'Olt Di:i,l(,)t ll.NT CHILO
HKN SUIMUATK INSTITl TIO.N
IS XUKIIKK.
MAY AMEND PENSIONS , LAW
Kx-Ooveuior West Dinmsse the
"MuimKemeut of County Poor
l-'ainis" and the Case of (lie
Indigent Poor.
Unification of all county farms,
fixing the responsibility for Juve
nile dliniuenty on tho parenlM, and
amending the wldow'o pension lam
to nialto it more effective, were the
three chief mailers attracting tho al
ien I ion of tho county Judges and
comiubisionerH of Oregon who are
at present in Bension In Portland.
Judge U. W. Mnrsters, County Com
mlHrdoner H. F. Nichols and Com-nilssioner-eloel
W. 10. SI. John, of
Sutheriin, are among tho I ougla
Con nly officinbt who. are aUendfng
tho convention.
Deputy Dist rlct A I l.orney Chnrlen
W. Ilobi.son opened the dlKcuaslon on
"Problems Incident lo the Care ol
Children, Wards of Couuly CourtH."
At r. ItobluHon urged M'greffatfou of
hi ven lie cases ho that t lie bov who
wan dependent but not criminal
would not bo contaminated by the
boy who was crlimiuilly Inclined.
"Tho detention ho.ne, whero there
h: no Ko;iregal.lon hi a first class
t raining ground for crooks, was bis
positive asHeriion. lie pleaded rm
some action from the county ofN-j
el ills that would allow hoys to be i
cared for In s"par:.to institutions',!
iv here they could be (might. Indus-1
t rial pursuit:). j
Kx-f lover nor Owr.ld Veid , ivh o
opened the dtscusi-ion on "The Man
agement of Ihe Couuly Farms anil
the Care of liie indigent. Poor," urged
the unflication of all county farms
under Ntate ml minim ration.
In so doing he said he thought (hat
?20 per inmate could be saved the
lav.;ayern per month.
.lodge T. J. Clceton, of Multno
mah County, asserted tnat the wid
ow!:' pe.isinn law world fall inlo dls
i f:ivor. if not in'o dtsv.e, ii" mil
amended. Me said that as the law
slendu It contains cl. uses that dis
crimlnaln in favor of llio:e widows
who have properly that does run
brio; t'.icn an income.
"The pensions n-e M e'ven at the
present time," said .1 udge Cleeton,
"without taking into consideration
the value of i ropertles or equities of
the ",icow, In so'-M' crses It Is found
thai a widow anplylng for a penr.ion
has pro'.eriy valued up to $lh.'HMl.
Since it bean; her no income she is
entitled, under the lav, to the ;alue
relief as is the absolutely yVMliule
widow.
"(t lent lines the taxpayer vho is
forced to hear tho burden of the sup
porl ol such w idow s a :e in poorer
financial ciivum:-iances tit: n the ap
plicants."
As amendment.! lo the present law
he simwesicd tint, ff.f.t.'a jsci'lion be
Interpolated to define the clause
"m holly dependent upon their labor
for ti ,iort." lie suggested that as
long as a woman bad proiertv worth
more than $ 1 ourt dw would no
(Continued From Paga 1.)
Jl'STU'K M'ltltlDlO HKI.I) THAT
THK VI'.KDICT IX THK KOY
I'.lltXA.ll CASH WAS AliASOX
.1111, K .1X1) H IS .ll'STIITKl) BY
.THK KVIHKNOH,
EVIDENCE OF TRIAL REVIEWED
JmlKe Burnett Dissented On the
(ti'ouml That Hearsay Kvidenee
Was Admitted Over the Ob
jection of IH'fensti.
District Attorney George Neuner
this morning received copies of the
decision of the Oregon Supreme
Court in the appealed case of Roy
Farnam, who Is now nerving a long
term in the state penitentiary on a
charge of killing Edna Morgan, of
Cow Creek Valley. Tho opinion writ
ten by Justice McBrlde contained ten
pages of cloBoly typewritten copy,
while the concurring opinion of Jus
tice Harris covered 22 pages. Tho
opinion of Justice Burnett, who dis
sented to the decision of the other
Judges, contained 117 pages. Six
Judges beard tho case al the time It
was argued before the Supreme
Court.
There wore a number of very im
portant legal (uesllons Involved in
ihe Farnam proceedings, and the de
cision of the Supreme Court, was re
ceived with much satisfaction by
Judge G. F. Skipworth, of Fugene,
who presided at the trial, and Dis
trict Attorney Georege Neuner and
Special Prosecutor Dexter Hlce, who
handled the case for the state. Had
ihe decision of the lower court been
reversed, it is not probable that the
,:ase would have been retried, for the
reason that some of the most import
ant witnesses have left the state.
Justice McHride, writing the main
opinion, says:
"It is conclusively proved that the
defendant lured this poor, fifteen
year old child into a barn remote
troiii human habitation, and that bo
either murdered her outright, or In
.in attempt to produce an abortion
io protect, uiiuseii irom wi eonse.
tueuces of his own lust so dealt with
tier as to bring about her death. The
evidence- was such that reasonable
men, while, they might agree as to
the fact that an unlawful homicide
tiad been committed (and I cannot
eo how reasonable men could come
lo nay other conclusion), might well
differ us to the meana by which, or
life intent with which, the offense
was committed. Under such circum
stances it was eminently proper for
Ihe grand jury to charge that it was
committed by means lo the grand
Jury unknown."
In the latter part of his opinion,
.Dial ice Mcllrlde again says: "The de
ceased, a poor, mot herless child of
fifteen, was Incapable of consenting
lo an assault upon herself, or upon
her unborn child. It Is sickening to
speak of her consenting to the act.
It was as much a forcible act as
though some scoundrel had met her
upon the road and knowing her con
dition had seized her and in the at
tempt forcibly lo bring about a mis
carriage had killed her. I am aware
of the common rule in regard to rape
and tho defilement of children; but
those wero exceptions to the general
rule In regard to consent which, for
tunately, an improved sense of de
cency has removed by statute and
which should not be extended beyond
the limits lixed by a generation less
scrupulous than ours In regard to the
chastity of children,"
Justice Harris, In the opinion con
curring with Justice McHride, says:
"There was ample evidence to jus
tify Hie jury to tlnd that the defend
ant at some time after 10:15 loft his
home on Hlack Hess, passing the Gil
liam house, 3 miles distant, when
llrown says he saw a horse and rider
going west, and that pursuant to an
igreemeiit ho picked up Fdna at her
homo and proceeded on to the Ii cant
or barn, three-fourths of a mite
away; that as they reached the bars
10 dim got the horse at the center of
the road and went toward the barn,
while Itoy rode the mare a little far
ther west down the side of the road
and then went up the hill north of
the road and after tying his horse
joined Kdna and went in the Heamer
bain and subsequently produced an
ibortion upon her; that to conceal
ihe crime be set. fire to Hie barn,
made his exll through the door at Ihe
west end of the :died, went to the
fence, crossed to the north side of
he road and on up to the place
where Ihe mare was tied and then
Marled for home, passing the Gilliam
house at about the time when
ilrown heard a horse cross the
bridge, and arriving home consider
ably before 5 o'clock on the morning
or the !Mh. Moreover, the shot heard
hv Mrs, Dewey and the three pieces
of lead found by Harry Wilson fur
nish sumo evidence, at least tending
to show that tho defendant did not
stop wilh an abortion, While the
evidence is circumstantial, still It Is
be stronger both in quantity and quality
(Continued on Pbko Six.)