Crook County Journal,
IVHUsHim Y. KHV Till HfltW MY
THK JOI'KNAI. I'l lil.lSHIMi '
Col NT V 0( VH IA1 l'AI'KR.
Till" .lol llNAl. t t'H.T-1 Si tllC (.
l'liitptlllr, nk(.. )t li.'ii)-itiiMi.li(liituvlit)i'
'. S. mail in mt,nil ttutttcr.
St'BSCHIi'TlOX KATI'.S
IX JtllVAM'K
iKk Yum . , fl. 1
(ill U'HTH" - . "
Tlim-K Mrii '
TiinisoAY.ocroiiKii 1, iw:t.
AN UXAXSWKUICO Ql'KSI'IOS
Last Sunday' Orcjinnian contain
cd a reply to I lie ruent o,ucstioii
raised hy tin1 Journal rerardin tin
disposition of the f oOO sent from
this city last June to 1 used ns
Iieiiefit fund for the Heppncr suf
fcrs. The replyVas placed in at
ohscure column, and entirely over
looked the vital purls of the ques
tion raised. In answer theOrofon
iAn states the sum exjiended lo
them and the amount on hand,
which is all good and well. l!u
does the Orcironian nnderslanc
that the first thing wanted li
Prineville was credit for the sun
nt. Now inasmuch as that cred
it was never given, they naturally
want a statement regarding tha
particular $"i00. At the tinn
the approprulion was made Prine
ville was just recovering from tin
effects of a small-pox epidemic,
and the Journal ersonally knows
many who made personal sacrifice
in donating their contribution
These people with the others simp
ly want a statement regarding the
expenditure of their $500, and if
spent, credit for it. If not sient
they still think as was formerly
stated that it can he used to good
advantage in estahlishiug a perma
nent relief fund for our city. If it
was used for Uoppner's relief give
us credit, and a statement and we
will only feel thankful that tin
little mite did something toward
relieving the sufferings of an alllict
ed (people.
AXOTHKU CALL Ftili HKU.
Sneaking of myself, mention of
which was made week hcf. re last
I'm still the same Crooked river
hridge. The little .uitoliiographi
cal sketch, which was furnished for
the edification of the citv fathers
who have me in keeping, produced
some startling results. They put a
new rill in me. One new rih. The
doctor says 1 need some more
together with some new ligament.-,
hut I suppose I should lie thankful
for small favors. It's like giving
me cook a small raise m salary
about the time she is going to die
of consumption.
Temiorarily shaking, I'm nut
much Inciter off than I was Mure
the addition nf my new rih; that
is. things don't jar me quite so
hard as they did, hut to he very
truthful I'm sick. I'm sick of
my own existence, and sick of the
sickening wav thev try to natch in.
i' j
up. mat new rih must liave cost
.ne coy miners vi, cents at least,
an thats an awful lot In snend !
these hard times. Such
lure is sacriligous. hut it
FXi
Will
inli-
eo-t
more than that to bury me, and I 1
I Big Clearance Sale
fOwins to the Lare Stock of Fall and Winter Goods
Constantly arriving, our store room will be overcrowed
And In order to Get More Room
For the New Goods, we are compelled to throw all Our
Present Stock Of
p Shirt Waists, Straw Hats, Ladies' Goods
And Many Other Lines Into
lONE BIG BARGAIN SALE
THIS SALE WILL COM IMF UNTIL ALL AKE SOLI).
I MICHEL & CO.
may turn up my toes, and at t he
same unie inrn .town a lieavv loa.l
nf freight, next week, who knows?,
Smvtarv Hitchcock last
week
made public Its final division
gardingthe Warner Valley lands
that have been in litigation for 20
vears past, iiis Occision
was
against the settler and in favor of , pn'milted m any court of this
the Warner Valley Livestock Com-' sh,u' " "r t'," 1, 1SI4, Itn
pnnv, to which a patent for the ; ''s s,lf" brand shall be recorded.
lands has Iwn i.-sucd. However
Mr. Ilitchco, k always was a bitter
enemy to corporation !
Central Oregon continues to fig
ure
nenspaper writings, and
railroad magnates are said to
figure occasionally on putting a
horse car line into Prineville to
connect with the proposed line to
the moon. When the latter is
completed we will then look for
ward to a line leading into our sec
tion. Suggestion to the various govern-
tnont timber inspectors oorating
in Oregon! When a 'rson offersjotthe word of the brand, duly lice. As there is considerable feel
final proof on his timber claim : certified to be such by the county ing among stock men on nccounl
make him swear he is going to
work up by hand his whole ItiO,
acres of pine into wooden pins
nail down the lies he is telling
vou'
New babies now arrive in New I
Wkeityattlieratoofl'Jan!iour.j,1A , ,,
2SS a dav.StUO a month and llVi-
lill i,..r i r l,: . 1..
-
wards Isvoinins; the metroisdis of
western Hemisphere are now
sinning infantile proportions.
I lMr Hf-mn k In I'arar
Kditor Crook County Journal:
In your issue of Sept. 17th vou
made a great many mis
statements in your write up of the
Arch McKay ease.
Now I was present in the court
roin and was one o the attorneys
defending Arch McKay and there
fore I had occasion to notice what
actually took place at that trial.
It hardly got far enough along to
lie called a trial, llut the jury
was empaneled and sworn and the
opening statements were made to
the jury by counsel fur the state
an 1 defendant, according 1,1 cus
tom, and Mr. W. W. lirown was
called as a witness fur tie state.
He was asked a few preliminary
questions leading up to the intro
duction of the brand nf I.yle A
Brown, or preparing the way to
introduce it. Mr. lirowu said that
the brand of Lyle A- 1'r.iwn was on
ri-ord in'Cnsik nty, and that
the pa-r which the deputy dis
trict atlornev then showed to him
purported to he im-upy nf the said I
lirand ot l.vle A- lirown. The at-1
tiirney for the state then offered
the paK-r in evidence. Now that '
i- as far as any evidence ever gut i
in this case. McKay's name yrasi
never mentioned. The stealing of;
any steer was never mentioned inj
the evidence. The attorneys furl
the defendant promptly objected to j
the introduction of tl
paper!
shown to Mr. lirown ami offered
i,v H. ci.,t... n, ,,,,.. ,r ,.;.i
on the ground tliat it did not have
a certificate of the county clerk of
Crook 1
hat it was a copy ot
' t he record of the brand in tpies -
lion, lis introduction,, was ohjec-
,ted to on another iround which I
"'ion lan-r, mil ine wain ot
! 11 l'r"lH'r "'ftiticale was the
that the Judge sustained the
; mwn ""'
! The statute provides that nn ev
idence vif ownership by brand shall
as in said statutes provided,
after providing the manner
And
ot re-!
! cording, it adds: "Proof of tho'K'Oviu in
right nf any person to u-e such 'and hence
brand shall be made by a copy of
the record of the same, certified to
: ,,,, ,,,, , , .,
or in any county in which the far as the necessary statutory evi
same is recorded under hand and 'deuce is concerned. So Judge
seal of otlice of such clerk." llradshaw did not pass on that
There was no provor certificate "''"'ion; did not reverse himself;
attached to the paper offered 'in ev- of course his former decision
idence in this case that it was u!'" l'rok county must he assumed
copy of the record of the brand in I be the law of his court until re
question. And as the statute is
direct and emphatic as to how-
proof of the right to use a brand
! shall be made; that is, bv a copy
clerk, and this paper having no'of what thev think
such certificate of the clerk that
tojwasacopy ot the record of the
brand as aforesaid, Judge Iliad -
shaw could not do otherwise than;
reject me protlercil paper in evi -
dence. It whs not eitnou-ti'iit In
.lllflini It.imps ,in nfifii lnu-i-.tr nc.
I
;sisungine piosecunon ironi vour.ioc su-er was sam lo nave neen
,. .i . .
e iv. aner ari? I I ne e.ise on iiii
a good certificate. The certificate
did not pretend thai the paaT an -
nexed to it was a copy ot the re -
cord in fact. Judge llradshaw ren -
dered quite an exhaustive decision,
and stated eery plainly several
times that the paper offered in ev
idence could not 1h allowed he
cause it was not proH-rly certified
to entitle it to he introduced in ev
idence in the case, and that he de
cided it solely on that ground.
The other objection raised to the
introduction of the proffered certi -
ficate of brand was that it ntiiiear -
ed that the crime was alle
have been committed not
I
later
than Dec. Ii, l!Mr, while the brand
purported to have I e n adoit d
and recerded not arlicr than
April 27, I'-Hi:',, nearly live months ,
later than the time when the ai.i-1
mal was butchered. I
In answer to this obieeliou Ju.h-e
Barnes stated that Judge llradshaw
had ruled in a larceny case in
j Crook county some vears aiio tha!
I the record of the brand could he
lntroiiuceil 111 eviilence althougli
recorded after the crime had U-en
committed.
Juilge llradshaw in sui iming up
his decision wherein he rejected
; - ' it nn? imi wr-
I other objection raised, passed the j lili. il to in such manner as In tn
j objection to the certificate by with title it to lie used in evidence
the remark as he sat down that he there was nothing for the District
was not prepared to say that it was Attorneys to do but dismiss the
the evidence offered for want nfp'"'n ll:,l'l, ''Vcn among careful
the certificate as stated
howed :
that he had decided as staled by
Mr. Karnes on that point over in
Crook county some years ago,
and stated that t lu re had always
been some doubt in his mind ns to
the correctness of that ruling, and
he had hoped that the matter
would get up I
-fore the Supreme
decided by that
Court and be
!
l tribunal once and for nil.
He in-
j timitted that he would not reverse
i his former ruling until he had to
nv loreo ot suiioiinr iiimiincnl or n
reversal in the Supreme Couit.or
by other Circuit Judges holding
contiary to him. That ho was in
doubt, he was frank to admit,- but
that in the condition this case was
in it was not up to him to pass up
on that point, as owing to the re
jection of the proffered brand ami
defective certificate then' was no
record of anv brand of I. vie A
in evidence in this case.
it did Hot appear h
legal evidence when l.vle, v. Itrowu's
brand was minuted or i-.v-,,,-.!...! ,r
i if thev bad I,- i ..
versed by himself , r the Supreme
Court.
So
you see vour article docs
Judge llradshaw a manifest joins-
i miscar-
it.riage of justice, I write this to
show you that it was not on Judge
! Itrad.-haw that any blaini
fill. -Mr
Urow ix (inl not know the
. steer ami couM not claim it except
I bv the lira lid iiimhi il A,,. I I....
;.. .i ;,,,,, , ,,. , , "
nol bis-nlle it
was recorded after
k.ii.l 1. 1...... 1 .
, .
t. n . ;i .. .. . . .
j ease. . Thev were not denied the
1 privilege of proving l.vle .1- llrown
: ownership of this steer if thev
: could by my other means ill
knowledge than by brand. Stock
men with few cattle or horses
.would he aide to swear to any one
of them iudcKiiihnt ot the brand.
1 lint it they rely upon pr.iof by
j brand as all stock men with large
hands have to do. the statute pro
vides the manner of such proof,
j '""I sjiecifies that there
i n""e other by brand. It
shall he
good
1 ':lw "''''f all, because il makes the
; brand on the animal prima facie
, evnlence.ii ownership nf the 1.
sun whose hr.iuil il ma) !, if
' brand is recorded and evidence
it properly inlrodiicetl, ami il is Oil
the animal in dispute: then the
burden uf proving that the animal
is not 1 1 in pruin-rtv of the imrii
,vl'"M; l,r'"'(l "i"" '-"lin l
v
! ll'e u""'r l,:,r,.v l'l''i'"ig' tin1
I animal.
I -ow tin n llmse w ho were dis
Now then llmse who
"ppointed in the result uf thL. J,..
j "ay case, might uu Wio is to
! ''lame for the miscarriage of that
case .-o far as (lie defectiv rtili-
iCi,U - ' ' lJrriK Well it was one
' "f lllusl' rt'''t'lciils that now and
""'O'ln ys and other peopli
Vour
County Clerk is not to Manic be
cause he is not an attorney, and it
is a technical job to comply with
the terms of this particular statute
and matters of eviilence in crim
inal cases are always technical.
The record came oyer to Fossil by
mail. The deputy here supposed
it was examined Is fore the clerk
Wall
AT
CUT RATE PRICES
1 10c Douhle Holla for .Ic. Vic Douhlo Itolln for ".Je,
i iiflc Douhle Holla for 10 c. 30c Douhle Holla for Inc.
li'ic Douhle KoIIh for I7Jc. l(k' Douhle Hollj for 2lc.
.ri0c Douhle KoIIh for 2Tk. IN'fiKAIN :i0e.
1
, Prescriptions Cut. Also Patent Medicines.
REMEMBER THE LOW PRICE STORE
D. P. ADAMSON'S STORE
-Is The
1IUY YOUlt MII.T.INKItY
. . ami
T.ADIKS
: : AT
El).
Suvccfwir to Mm. .Susie Slayton
l'i-to dale Millinery at less than city print1.
Drew Making I'arlora in connection.
sent It, hut he did lint happen to,
Mr. Ilui lies mi douht siipposid that
if it was not right when it came
that the deputy district attorney
would send it hack for cm union.
It laid in its envelope almost till
the moment of offering it in evi
dence and the catastrophe happen
ed. Mr. McKay was not Indicted in
the Lister case at all, though he
had been hound over, Perhaps
the douht in the minds of attorneys I
a In the introduction of evidence
of brands recorded subsequent to,
the comnii.-Mnll of llieoflciise may
have had something to no with
McKay not being indicted on the
other charge nrcfi rred bv Joseph
Lister. 1 do not know ns lo that,!
and I am no: going to discuss tl e
merits of McKays ease in the pa
pers. However I do not want the
picjudii-v that is against Mi
McKay and cattle stealing gen
erally to he worked by misstate
ments against our good, able and
upright Circuit Jid r, who did not
reverse himself and who is most
seldom reversed by the Siinrciiic
1 1 '.tiii'i ' i
- i
II. II. lllMIIHCKS.
Kossil, Oregon, Sept. St, I'.KKt.
till IIOXIIIII I IT II II.
II tllltll, tl
W lie a
1., l-lillht nl llullll, S- l.
Kttitor CivH'k Cutitiiy Joiintul:
n Ivw lint's o,i'fr'(.if ul'iuhitv'!! Wt'it-ler-
IiikiI, t Imi your tvu.iYnt nmy km-w vnitt-
u,-
new li-cll ill llm Iiruililu i-ili.-
, l""lKi
' "'''I' 1
il an city Imir itiiyi, uunilinu llu-,U-i'luii;i'
of eiiritu, licit luliiiirruw
lie ii ill m-li.-li 11111 liur aliil iiu.iia ntlnl ln-r
11..S1- luiiii-tls lilt- Onetil.
J ttay -iii ln're im
' li'iii in nn. liuiii-liiniinM-r, 1-
rvvelil
iinlitrv's Itriiii'li'iir is evi-r i'viili-iil. Vi'ninli-nMvlint
is like till I1IM-II111II11111; tln-n- 11 licit IMII
iliini ei-111 iiii.' ,il ilu ili-.-iri'i lo Ih liiilliii-.-itil
islli-il 1011I I mm Inav inn' 1-1111 sin-inl
llietl' lilu In Irnit-I. iliiiiiilultl' 111.1I1I1I1.A.
ilrivi-s. suit Uittitux tout lniieai sei'lieiy
iirv ull iiiiirnli,,ii hihI valiy illlti-ri'iil '
fr Oiv tilruk, li.ule want rmoit i-u.ii 111
miriiKii ratT ('uliliiriiiii. fruiii Mliicli we.
--niliil lull a lilt itiiys iiicii. I
I.iinI cii'iiini! la (-iinq.iitiy Milli II liuly
llielhl Iniln lie yliiji t well! In Wtokllil
(link, where we wen- eiilerlaliieit liy llie ,
1 1 11 k 111 in iiutiuniil IhiiiiI. 1'liii. I111111I is hit
liy M. IIi-i'kit. 11 tii'NiLtn liiiiiilituinlr nf
w.irlilivufe 1'i'lnll.itlnii, mill in i'.illiusiit nl
ilitti-n-nt niitiiiliiiHliiy lint lliey urc iniislly ;
kniulkils. It is Ihelr till, y In iln leitlilliK
full lOVf H llik'tltly i-iilleerl nl line uf llie
ninny jiiirk in toiil uiiiiiiiiI llnMuliilil ,
Tin-, riillcerl ii itlwuy-. II vent ul' the ility ;
hi llie e.kil nf lluien iiliiil llii-.lll.le illow.l
ill Millie illli k, Willi while eniivtls ilnH-s. j
mill Willi hi wis-ilieiirl mi lit unit, Juinxj
ilie iiu-rry i-rnwil nf lr.iiie.it ri-erenliiili
M-ekers, mill all lilen in llm nni ie nl iln
l-nies tltiil sull ilreaniy tiiui.li' licit enr
ries inn- away, tluit ri'-ls the nvries mill
-liniiitiile- 1l.1v ilriiiiiirt.
lint I llill-t i'liiilii;i Irnlil M llliliielit In
l.n'1. mi l will ijivi' 11 liiicf ili'seriiliiia nl'
Miit.ikni I. ht will ul a. it (iiuly nl ns
saw I l.iiluv I irnili' 1 llie Lli.!i,i.K nl ll
j UniiTliineiil l(,,T Cniiiiiii-Hiniii-r. This
ll(-r e ,.,y is llilllel nl) nil j-lmul ill I lie
-aine iiiuiie, nut lu-ni n ii hay mnl trails
I' Inn lulu, au,l js 1 iimpiM,! .if nliniii
11)0 ' II III leleit H-r-i)IIH wild snnift 'ia ullei).
itmils, tiv-iciuii Hint iniiiii.iriei. Thi
n'ttli-iui-nt is uuiii-r llie. nuis-rvislnii u the
It.lWlliitl KllVlTllllll'lll, ttml ii. Hitiuiiil in
eiive luiek ul wliii Ii ruini ieri.'ii.lii iitarly
elilN thiiu-tlliilii nf feel lll(li. wiole nil tin
littler siile llliTI- i i lintliiiu; liut wali-r. tlmn
lilnkitii; i'-;iK- iiujink.ilili- nr the luifiirlti
iilltes. The Mnlilkaf leier MMtt.-mcll! 1 1 riiiu-
p IM'.I nf Ill-ill little wlllte hilllililiKs. il Ih-iiii-lifitl
ehiln. anil liiiitilK una tliiNlH
nf eliini!ii,"siii ii-lii-, nii.i a uii.nl hatiil nf
m-l-feiilllH. tttlt witliul tile lieiltlun Itllil
aiiitutiini iifltiin iiviiiK m-ui!i-in- thv nw-
f.ll e-ill'liliiiii ot' I'll- leper. i very eviilelil.
They crave ill-nth anil wlu-H the littler
enllieil In their relief rejnleiii( tllkPS llie
pliicr of wirrnw, the srti leiin-lit limul
plays "Tlu re ll lieu lint Time in tin- DM
I'iiw-ii innlglil," Viiukee Ilill.," ele,, uml
u Kinaiue Iri-li wake hilinw-s the hurinl.
Two liiiuin -ieiil tiien- whs miiti.-ieiit anil
mi itiv'tiltinli fr.iiu the ttver ent ullleiiil
1 1 ilee iiiipiiiiy him luiek iiitiish tin. liny was
Kkelly welenmeil hy us 11II I it-mire y,,u,
Tnliiiirruw we priMiee.t nn our Jmiriiey mill
in my n--st ltt-r I slmll try anil ileserilie
my iiupn-.isiiin nf the I'liilippinen,
I,. M. I
Paper
Place-
. .
FUIlNIHTIINfJS
: :
BRADFORD'S
Nothing hail ever equalled it.
Nothing can ever itirpasn it.
Dr.King's
New Discovery
ForC:
IH OHM una M-iliM
A Perfect For All Throat and
Cure! Lung Trouhlci.
Montr liukir II hilh Trill UoltIM rrM.
Subscribe
JOurnat.
for the
O'Ncil
OYSTEK
I!. I', IIOCI.S, MuniiHVi'
Good Moals and Rooms
Miller liuildinj!:, Prineville, Ore jen
KISII AN I) (lAMU IS SICASON
IIUKAD AND I'l KS Koll Til K TIIADK
SPECIAL RATES
N. A. Tye
Boys' and Youths' Jack Knife Shoe,
A Itamr Steel Jack Knife With Kvery Pair. All ,-ucs itnd
Widths. Price Kron, $2.25 to $2. SO Per Pair.
We Also Have A Full Line of Mens'
Shoes. Also Ladies, Girls and Babies.
CLEARANCE SALE
ot our Summer Hats at Cost in ordir to make
room for our New Line of Winter (ioods.
Hies carry . entagiuii inlo your Inmie. Taneh fool catches
them. ' '
N. A. TYE and BROS., Merchants
ftlacksmithing That
Is I Ik- Kind Vou (ict it -
J. II. WKiLFS
(SniTi'iittir Ii)
( OIULTT & KI.KI.VSS
A Stock ot Kami Machinery
You will find
inCVCLLSof all food makes
at"'s;s
Kamhlers,
Imperials,
others. A j(iiil line ot Bicycle Htiinlrii'K AT HIIIITM.
WATTS MARBLE 1 GRANITE WORKS
Watts & Baker, Prop3.
Marble and Granite Monuments
All Kinds of Stone Work '
FIRST CLASS WORK AT L0WKST PIUCK8
Second Street, The Dalles, Oregon
m w vw
Dally Between Prineville and Shanlko
scinoDnu: j
Leave Hliiiniko, B p. ni. Arrivm at lVinevilli. (1 a. t,
Leaven I'rinevillii 1 p. m. Arriven at Hlianiko I a. in.'
First Class Accommodations
j. J'. Worris S
I Seneral TJJerchanciise
Till. ...11 I, i: i... ...
,...,,. nn.,.. it rauiiiiimiiimm, if i'ii'iir,ng out a i
t' -M.tS Htock of inons' an.l boys' furiiisliings in order i
to make room. You'll lim! inaiiv bimmlnn t
theni. Talk is chonp but if you'll call and inspect our W
!W frimln oiwl iii,,u, Af....'ll n...l .1 . . i . . Ht't
t&...... mi... r,iu- i iiu ii ii,iii
selves.
r
...New,,.
IJAKI'RY and ,
LUNCH-HOUSE
Mis. Nellie Hriggs, Prop.
A Spvolully MnJv tit
i'lnu lev Cruuiii.,,
Ill 'Hie lliilldliig liiiiiiv.il'
O.cupkd qy Mm, Mclangnil
"J
lll'us.'
HOUSE
TO BOARDERS
and Brothers
Pleases
ulm Hon hand
Ideals, and many
w ww w
mem speiimiig for them- W