MEDFOBP DAILY TRIBUNE, MEDFORD. OREfiOX. TUESDAY, DECEMBER 29, 1008. mn BEND JUSTICE, 71 Setback In the Case of Bill Wheeler and'Tom Stokes. . HIGHER COURT TAKES ACTION. Rovdrsea Decision of Judgo Hoko and Ordora a New Trial Fong Lee and Poke Smith In a Mixup Over an Un satisfactory Laundered Shirt. f''f S there any lonser any west?" plaintively asked Judge Hoke of Siiudy Beud as lie opened bis court the other morning with the air of a man who bad been dealt a heavy blow. "Is there any longer any west or any manhood hovering over this portion of the great United States? Has it come to It that a gun Is only to be used to shoot Jack rabbits! Have we got to call a bluffer's bluff by bal ing him Into court on a charge, of using violent language? "Two or three years ago I thought I saw evidence, of what they call civili zation creeping in upon this town of Sandy Bend, but I refused to believe my own senses. I thought It might come to it that we would some day have to wear paper collars and eat lee cream, but that the time' would HI! Y1XLH "HANDS CP !" AT 01)11 HAD II AN. eome when a man wearing two guns and n knife would boiler for Jestlee Instead of using his tools no man- could have lnnde me believe. I've got to believe It now, for I have the evl- fUiuce right before my eyes. 'My friends, over there sits Bill fW'heeler, and over , here alts Tom Stukrs. You all remember' the case. Kill Wheeler n its n sort of a terror around here for a year or so. He(wns never tired of reading over the list of ....... I... ,i,,..l .,it TTa lwtl.l t!ils town In nwe of hliu. No mutter Iwlil'f Vf Vfll.l lll.llltlll his tiltck. W WHS Lilav school children to his face. We wondered If he had the pand he tainted to have, but nolle of us eared i csiurlKieiit. We let blin Bwagger round :u:d run tlu town. Tears i -.rii-tr to my eyes wheu I think of It. f "T:i!:e a look .at Tom Stokes. You liplit travel a hundred milM and not ,iiul Hitoiiii.'r such huiublo-louklng kuss. tie's i;ot (lie face of u kW. He's as ::iiilile.as u lamb caughtln the bushes. ..: i ll know him too. He's been 111;. i 1 -jr lirouml this town for years. t:'s never had 1111 opinion on imy fiub .t. IIc'p always waited to nLCl'fi! Willi he nm.ioi'iiy. lie's been binned aim oleu-in-ore. times tlinn'be's got- hairs Ills head. Nobody would have wast- i a ei;rtri;ise to remove loiu KtoKes. 1 he died of sickness they wouldn't e Iiv a rave over two feet deeji '' Iti in. ..... T.;tu mouths n0 our Bill Wheeler tr'rrliinir for otlfTr woi'lds to con- ; lr. He got too Mi; for. Sati()y Bend. ,':-la(e wanted to tlml, a crowd lir which ' spme one would call lilui'a liar. , !u Act, be sot dog lonesome to be Oj bad ". ti.tn all through, and so he pulls up ' slakes and heads for Goldeu Hill,; He - Hud puns strapped to him. He: was if minted on an ambling eayuso. lie . Ijeld his head Ulgh. Ho bad money In ; tji pocket. We turned out and gave . Bin a farewell, and the last we .saw of Bim he 'was disappearing gayly (ver . tie hills. ' Meets Tom Stokes. f"And what hiippeneil him? Twenty j miles nway he meets Tom Stokes. It ' was still broad daylight. He was still feeling that he wanted some critter to iojpk cross eyed at him. He had them T; same guns at his belt. Tom comes ; along with an old pistol without linin ', mVr or trigger and consequently with . oat ft cartridge In It, and he yv'.Is out u. Hands upr at our bad man. . f'Gentlemen, does the : proud and btughty Bill Wheeler ride onward aft ' (4 one contemptuous glance at Tom aipl his bogus gun ? . 1 1 v SDoes he come to a halt and yell to "Tom to beat it or ;take the conse ; QoencES' ' ' ' ' rDoes he reach keerlessly behind " him and draw a gun and aend the hnnihle soul of the humble Tom fly ing to the four winds of earth?" "H-he d-don't. Kxcuse thl emotion, but he don't. What does he do? Well. It, was brought out on tbe trial. He climbs right down and begs for his life like a ten-year-old boy and lets torn strip him to the hide and take Ills cayuse besides. You don't want to believe It. but you've got to. He has owned up to it. Tom rides off with a .Win. and then BUI hoofs It back to Sandy Bend aud hunts me up to say that he's been robbed and wants Jes tlee When he told me the story in the Red Dog saloon, tit which place it ? Is well known 1 a in proprietor, my knees wobbled with weakness and my breath came in gusps. May none of you ever have tho feelings that came over me. I talked and talked, but still Bill howled for jestlce. "Well. I had to issue a warrant, aud after two er three days Tom Stokes was arrested and brought In. He de nied nothing, lie stood pat on the le.TOiids of the great west. I stood '. : ; v. !ih !:!:!. I tentenccd Bill Wheel er lo i.ix mouths In jail for allowhr; hi'.iv:-.;i to l-e robbed In that nnnncr, ai.d I told Tom to go and siu no more. I didn't icr.tend It was law, but jes ti:e. It v. jcslloo to ike record the v.e.t ban mr.de n::d Is seeking to up h !!. He went el to jail, but got a Kliytier fc'tvyer to appeal his case, nial the-higher court has reversed it on r:c. 1 H i d!re trd to give blui n new tvlr.l. Ara I going to do it? The man nni'-ng you who thinks so don't know Jede Hoke. Jcdge Hoke can resign, but l:e can't be drlv. He may be here lo uphold tbe law, but he's nlso here as t'.io ,ri!iirdii::i cf the rl.'.'hfs of man. He'll lr.dle nut law when he thinks law will hit the care In Hand; when he C::v:t thl::'.; i o he'll ladle out Jestlce. "To::i Stokes, y u can walk out as bcfi-re, und If I was you I'd hit an other climate fur awhile. Bill Wheel er, yen r:-n r.lso take your departure. Thrro v. 1!1 : e no new -trial for you. You will Lave to pass through a crowd oui.-:!de, and if you' don't like the re marks and o;lK-r tlilt'.rs hurled at you ns you ro r.o-ne Is to blame but your self. Pandy Betid won't . never nestle up to yc u e.'in. and uiy advice to you Is to keep nway from here In the fu ture. "",'e have cue other ease on the, docket. It is I'oke Smith versus Kong Lre. Io!:c has never been classed as a bad rvin. Most of us have sized him up as a critter that wouldn't tight un it he had to and would then shed u bnr'l of blood. He has nlways carried guns, but he had no notches cut in the stocks as tally marks. Nobody cared to elbow hl::i. mid nobody took him for a parson. My own private opinion was that he'd show sand if the time ever came. . Poke Tadly Used Up. "Well, the time cniuc yesterday. He bad a shirt up In Fung Lee's laundry. He went up to get It, and there was some dispute about tbe quantity of gravel stones and burs that hud been clubbed out of it previous to washing; also as to whether Fong wasn't re sponsible for some of the new rips aud holes. At any rate. Poke started to take the shirt nway without paying anything, und there was a row. Poke hud his guns. 1 don't claim that he Bhould have done any shooting, but I do couteud that he ought to have used them to get out of tbe affulr with dig nity. Did he do so? When bis yells bad drawn a crowd he was found burled under a heap of unwushed gbirujaud Fong Lee had them shoot lug irons in his possession aud has got them yet. As soon as Poke could dig his way out he hustled down to the Bed Dog aud, me and hollered for Jes tlce. Didn't want to go back with the gun, I-offeretl to lend him and have it out with the heathen, but Jest wanted Jestlce. "When Jestlce Is demanded in thi: court, jestlce shall be had. I shall hue Fong I.ee $2 and costs; for having r. pair of sqiiitit eyes on him, and ho can keep the two gnus and the shirt h? took away from the plaintiff. I'oke Smith is free lo walk, out uud :how himself to his friends around town, and if lie- isn't patted on the back aud called a hero mayl-o b' c:wi figure o'Jt why. "Don't let It go out that this court either 'favors the Chinaman or Is op posed, to him. What this court favors Is a man getting his clean shirt whe:I he goes after It. and if he hasn't, the sand to do.it it's simply a question o what they culls lapsus linUuni. and i!: Chinese have nothing' to do with 'II. That's all. Court's adjourned." ; , ' . ' M. (iC.VD. 'A Double Disappointment. NOTICE OP ELECTION". ' Be it ri'solveil. by the city council of tlio city of Mcdford, Orogou, the I'.uyor approving, th:tt there be uud is ln'iiby i.nU-rcd a ;t'UTHl elect ion in sud cty to bo held cm Tuesday, Janu ary lJ,.!Mrfj, for tho election of m:yor fur the term of two viars. A councilman from the First ward for tl e tf-rtM of two yearn. A couucilnianj frmu the .Second ward for the term of two years. 'A councilman from the Third ward fur the term nf two years. And such other measures as shall be lawfully submitted at said election. The following polling places, judges and clerks are hereby designated for the several respective wards: First ward Polling plnco, Commer cial club, room 3; judge Y?. H, French; judge aud clerh, Chas. W Davis; judge and clerk, A. C. Hubbard. Second ward Polling place, Hotel Nash S'tmple room; judge, ,lohn S. Ortli; judge and clerk, John Summervilto; judge and clerk, Wm. Vlrich. Third ward Polling place, City Hall; judge, O. I.. .Schermerhorn; judge and clerk, Scott Davis; judge and clerk, H. A. Thieroff. Tho foregoing resolution was passed by the city council December 20th, J90S by the following vote, to-wit: Wortman nye, Merrick aye, Eifert aye, Trow bridge aye, Olwell absent, Hafer ab sent. Approved: J. F. REDDY, Mayor. Attest: BEN.T. M. COLLINS, . Recorder. - He I suppose, then, we may as v.V.J break tiie eimaKnirut and say v hv.vr- botb been disappointed fit love; . KlieTlHav.ejijni to be nu other d'fi-,? elusion. ' jvWtliujvbt I had .mi:,: and I eeri.'iluly thrmglit you had. -IUJ-' tlmoro: American. Toa Much For Him. tl lies Tho m:m who makes those UiOvi;:g picture. dumped up a;'ah;.;t hH firt i'nliurc tod::y. .Jiles Iiow w;as t lift ( GMep iht tried to -makd a 'Aioviny pl.-ture of two men playing a fcame of chess. Clih ugo News. ,- Servant Girl Problem Explained. We couldn't keep Jnslt? Or Bertha or Rosle: We (IMn't full Mabel or Nell. The problem that vexed us So madly perplexed us a Vt nought an ttpurtment hotel. The problem was ended The night we attended The season's succftss on Broadway. One look at the chorua Of ladies before us Explained where the trouble all lay. For kitchen bred Josle And Nellie and Rosle Do stunts In a pony ballet. While Perth a and Mabel. Who mtulcd oa U-bla, Are -IyM fitlrt danreT today. -Puck. More Light for Less Money Sixty-three per cent of electric current saved by using TUNGSTEN LAMPS. 32 Candle Power Edison Lamp uses 110 Watts per hour and would use in iooo hrs. , 110 Kilowatts which at locts. a Kilowatt $11 32 Candle Power Tungst&d J Lamp uses 40 Watts perhour and would use in 1000 hours 40 Kilowatts which at 10c a Kilo watt 4 Net Saving1 in 1000 hours in favor of the Tungsten Lamp $ 7 Rogue River Electric Co. Successors to Condor Water & Power Co. Of fice,' 206 West Seventh Street. Phone No. 355. Opposite the Big Electric Sign. Furniture Drops ! Great bargains before we move. Watch our win dows for specials. An elegant line of Fine Display of Rockers Medford Furniture Co. Hot Air ' i. Won't Raise The Wind You can raise the wind, better by buying Med ford property at present prices and sit down at your own fireside until the advance comes next spring. - ., There's always "something doing" in Medford, and indications are that the coming year will see more- building, .more street and sidewalk improve ment and a greater advance in values in Medford than ever before. ' ' Fall in line and don't' lot the procession run over;vou. ' ' - "- ROGUE R1VIR Iffl COIVFMY EXIWRIT BUILDING . I HAVE ON HAND Newtown Pippin -AND- Spitzenburg Trees THREE AND POUR-FOOT SIZES. ALL OTHER VARIETIES IN ANY : : : SIZE DESIRED : : : L. E. HOOVER MEDFORD, OREGON. Agent Yakima Valley Nursery. A Map of Jackson County ' . ''7 '''-.- ' v The Tribune and Southern Oregonian is having made at great expense a fine, colored, lithographed map of Jackson county.' . This maji.will show all cities, towns aiid villages, rivers and waterways, section 'and 'survey lines, railroads anll projected rail roads, wagon roads, forest reserve bounda ries, election precinct and other data need ed by everyone, ; All ''.townships shown in colors. '"':' Ilhis up-to-date mapswiH be readyN for distribution some time in December. ,;It:will lie sold only through The Tribune- and Southern Oregonian. '' This will be your only chance to secure a Hiod map of Jackson county, as all ntap edi tions are out of print and plates were des troyed in the San Franeisco fire, necessitat ing new plates made at an enormous expense. Further details later. Ready soon. AT THE SERVICE OF j , ' DEPOSTITORS AND CLIENTS Tlio Jucksnn 'onulyf B:m; places lit tho cervico tit iff d'pitfiitors nntl olienU tll best fnivliticn iu b.i liking. J The of firo'K aro jileuscd to reniler coiiiiBfl ami iic1'k'o' 011 linuneir.l mutti.TS. Aci'oiinln, puttje-t to flicclt, iut 11 vitcd. ' ' ;' , . i Safe dopoBit boxes to rent, 44' porj CAPITAL AND SURPLUS w. VAWTKU, Pro.ide.t ' u. K. l.ikuLjKY, uaaluar i State Depositary. $125,000 SATISFACTION a is -always a iU-nsiiri1!c norintitinn, no mutter what tho oci'asion. Thriri-.-'or-', -to in Hiiro tho fijplin wlicro jnwolry i c.oncorncj, won elmuld miiko your nol";: tion from tho stock of Martiu Ji Ititlly. Our K'fl havo tho clmriii of of fectivo nosa, tho value of nrtintin .exccljcnco it ml tho htghoxt sffui'lnnl of i woiltnniiiwliip. MARTIN J. REDDY Jewelry and WatchCD 'I . r NEW YEAR'S DAY FORMALITIES require ftnrl etiqiiotto dfinnnda that proper roMpoct be p:iil to your dress when 'culling or nttoiiig any function , oa that day. Th?reforo perfect fitting rlothrs must bo worn. To procure such garments you niunt employ a tailor thor oughly verned fn tho requirements of stylo and fashion. Have your ward robo mad" by Kreuzer & Co. and you will he eoiiHeiniis of what it to be perfectly Hntwed. J. A. Kreuzer & Co. Importers and Dealers t PALM BUILDING, MEDP0RD, OR.