Crook County journal. (Prineville, Or.) 189?-1921, October 25, 1906, Image 1

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    Crook
Journal.
VOL.X
PRINEVILLE, CROOK COUNTY, OREGON, OCTOBER 25, 1906.
NO. 45
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i n r i r i m n i n n n n i ! r r rs i r
I WE WANT YOU I!
To Become Acquainted with our Clothing
Department .
For 30 Days
Only
We Make these UnparlaUed Prices
All $12.fi0 And $13.50 Suit go at $ 9.95
All 15.00 and 10.50 M 44 IMS
All 17.50 Suit go at 13.85
All 20.00 Suit go at 1535
All 3.50 to $4.50 odd panta go at 245
All 5 (X) (xld pant, go at 3.45
All 6.00 odd panta go at.... 4.50
All 12.50 Over Coata go at 9.95
All 15.00 Over Coat go at 12.45
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SHEPHERD
TO HANG
On the 30th Day of
November.
SEVEN YEARS FOR
Boy's and Children's Suits at Big Reductions I
These are New Up-to-date Attractive Garments
It Means Dollars to
You
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C. W. ELKINS
Shaniko Warehouse Co. ' 1 ( MM! BilK
General Storage, Forwarding
AND
Commission Merchants
Dealers in Blacksmith Coal, Flour, Barbed Wire,
Nails, Cement, Lime, Coal Oil, Plaster, Sulphur,
Wool and Grain, Sack and Twine, Grain and Feed.
Agents for Wasco Warehouse Milling Co's. "White
River" and "Dalles Patent" Flour. Highest price
paid for Hides and Pelts.
Special Attention is paid to
Baling for Eastern Shipments.
Wool Grading and
Stock Yards with all the latest and best facilities
for Handling Stock.
TJjark 2our Soods in Care of
"S.W. Co."
officers:
W. A. BOOTH, riwMwl
O. M. IkKIN. VIM FrMnt
Fho W. Wilson. Otthlw
omaoTOM:
W. A. Booth. O. M. Ilkim,
D. P. TtMT, Mid W. Witaoa.
Transacts a General
Banking Business
Exchange Bought
and Sold
Collections will re
ceive prompt attention
off
and Adams Fitzgerald
Found Not Guilty
Court Notes.
went in search of her husband.
She found him dead where he had
been shot at the barn. She then
screamed for Dakota to get help
Mrs. Zell tried to get the body of
her husband to the house but could
not alone. She finally persuaded charted with stealing a home
i
Shepherd to help her and together longing to William 8. Gibson,
they carried it to the bouse. n Mrs. continued for the term.
Zell asked Shepherd to go for help
but he refused, saying they would
hang him. Shepherd still carried
the gun and Mrs. Zell was afraid
of her own life. By resorting to
the subterfuge of making Shepherd
believe that they would lay the
murder on Dakota Mrs. Zell
was permitted to go for
for help. She got on her pony and
started for the home of Mr. Wil- I-
K Dorgan et al v Edwin O
I charged with assault with a
dangerous weapon uion one A. Ad
Keller of The Dalles, was continu-
led until next term.
State of Oregon vs. Oliver Er-
rickson, who lives on Bear creek,
be-
CIVIL CASE!.
H F Dietzel vs 8 P Conroy et al.
Cause for hearing upon demurrer.
Submitted without argument. De
murrer overruled.
Edith Ferguson vs Samuel J
Ferguson. Decree granted.
Antbon Ahlntrom vs D I A P Co.
Die mi need with consent of both
WANTED FOR
HORSESTEALING
A Badly Burned Girt
or boy, man or woman, Is quickly out of
pain ifBucklen's Arnica Salve is ap
plied promptly. G. J. Welch, of Tekon
ah. Mich., says : "I use it in my fam
ily lor cuts, sores and all 'kin injuries,
and And it perfect." Quickest Pile
cure known. Beat healing salve made.
25c at D. P. Adamton A Co., and Tern-
pleton A Son's drugstore.
JUST
ARK
800
Pieces
VED
Pieces Granite and Tinware, Many l OU pn
ss worth 35cents. Spedal at A 2
See our New and Up-to-date Line of Ladies' Footwear
Many Sizes, Forms and Styles to Select From
Boys and Youths two and three piece suits. Some
Extra Values at Low Prices
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CLAYPOOL BROS,
The death sentence has been
passed upon Fred A. Shepherd.
It was a solemn meeting
at the court house last evening.
Everybody knew from the verdict
returned by the jury that the first
death sentence In the annals of
Crook county would follow and
many gathered in the court room
hear the solemn words pro
nounced. A motion for a new
trial was denied and Judge Frazer
ordered Shepherd to Bland up and
receive his sentence. The prisoner
waa asked if be bad anything to
say why sentence should not be
pronounced at this time, and not
making any response the judge or
dered that be be taken within
twenty days to Salem and deliver
ed to the superintendent of the
penitentiary, and on the 30th day
November, of this year, the
superintendent shall take you to
the court yard of the penitentiary
and bang you by the neck until
you are dead, and may the Father
of us all have mercy on your soul
No crime in the history of Crook
county has excited such intense in
terest aa that of Fred A. Shepherd
for the murder of B. F. Zell. It
was a succession of crimes. Ex
pectation was wrought up to such
high pitch that when the case
was called Monday the court room
was jammed with an eager and ex
pectant crowd.
After finishing a civil case Mon
day morning the Shepherd murder
case was called. The jury was se
cured in an incredibly short space
of time a little more than an
hour was consumed and before
the noon hour the case waa well
under way. District Attorney
Menefee outlined the case for the
prosecution and Attorney Barnes
for the defense.
The testimony showed the facts
in the case to be just about as pub
lished in the Journal at the time
the crime was committed. That
on the morning of September 24th
Shepherd, with a gun in his hands,
appeared at the back door of the
Zell house and at the point of the
weapon ordered Mr. Zell to throw
up his hands, and at the same
time threw Mm. Zell a rope with
which to tie him. Instead of do
ing as commanded Mr. and Mrs
Zell jumped out of bed and ran
out of the front door, going in the
direction of the barn. Shepherd
followed and when a few feet from
the house fired at the fleeing
couple. This shot did not take ef
feet and Zell and wife continued
their flight. They passed through
the driveway of the barn with
Shepherd in close pursuit. In
running through Zell yelled to a
man named Jein Bjorndal, better
known as ''Dakota," who was sleep
ing there, that "he (Shepherd
was after them." Dakota was
awakened by the first shot and
saw two figures dressed in white
running through the barn pursued
by a man dressed in dark colored
clothes. He could not tell who
they were but knew Mr. Zell by
his voice. When they passed
through the barn Dakota heard
another shot fired. This was the
fatal shot. Mrs. Zell then testified
that Shepherd caught her, took her
to the house and assaulted her,
It was agreed bv both sides to the
case that they would accept Mrs
Zell's sworn statement of the facts
and save her the ordeal of reciting
them on the witness stand
soon as she could get away
from Shepherd at the house she
son, who lives in the neigborbooa
Meantime Dakota had aroused a
ditch camp some two miles away,
and several men were at the Zell
house by the time Mrs. Zell got
back. Shepherd's arrest followed.
Shepherd was tried for his life
on the plea of insanity. His con
duct from the time of his arrest
and throughout the two days' trial
waa a puzzle to everybody. Shep
herd is a young man between 23
and 24 years of age, medium sized
and weighs about 150 pounds.
His features are not ill-favored
and do not indicate that he is a
man of depraved instincts. His
complexion is dark and swarthy
and was not affected by his con
finement nor by the fearful charge
under which be was held. A slight
mustache adorned bis upper lip.
His personal appearance at the
trial would not bear out the fear
ful crimes laid at his door. At
the selection o' the jury and dur
ing the wrangling of the lawyers
as to qualifications he was the
most unconcerned man in the
room. He was chewing gum in
cessently and when a sharp ex
change of words would take place
between the attorneys he would
grin and wink at his friends in the
audience. Nor did he lose his
composure during the trial.
Whether he realized the enormity
of his offence or not was a conjec
ture. Doctors examined him as to
ib sanity and all pronounced him
sane, witnesses were Drougm
from his old home in Lien county
and they testified that be was al
ways known as a weak minded
hnv. Ha waa pjisilv led and as hp
j !:,;
Filot Uutte
Hyde. Continued for the term.
E Dorgan et al vs Lizzie E
Hyde. On motion of plaintiffs
attorney the case was dismissed.
E Dorgan et al vs Walter S
Hyde. Cane dismissed.
E Dorgan et al vs A W Boone.
Cane dismissed.
E Dorgan et al vs J W Boone,
Case dismissed.
E Dorgan et al vs J F Spinning
Case dismissed.
E Dorgan et al vs Marie Spinn
ing Case dismissed
E Dorgan et at vs Mary J Pow
ell. Case dismissed.
E Dorgan et al vs Elnora C
King. Case dismissed.
E Dorgan et al vs Etta M Clark.
Case dismissed.
E Dorgan et al vs S M Bailey,
Case dismissed.
E Dorgan et al vs Minnie M
Whitsett. Case dismissed.
E Dorgan et al vs Oscar C Hyde,
Case dismissed.
Shaniko Warehouse Co. vs O G
Collver. Judgment by default.
D I 4 P Co vs Corwin H Bar-
nett. Summons quashed and set
aside.
D I & P Co vs Sarah E Barnett.
Summons quashed and set atjde.
James Cram vs Ella Cram
Case referred to D L Dufur to take
testimony and report same to this
court.
Rock Island Plow Co. vs Will
Wurzweiler and Arthur Hodges.
Defendants allowed to withdraw
demurrer and file a plea in abate
ment.
L M Douglas vs L E Douglas.
Judgment by default in favor of
Gave the Officers the
Slip.
A DARING ESCAPE
True Billi Found at this Term
of Court Against Chester
Gorge.
grew up seemed to grow worse.
developed from the testimony that
while he was not considered bright
his weakness was on the woman
question. His attorneys made a
good fight but they could not over
come the preponderance of evi
dence. The jury was given the
case after supper Tuesday evening
nd in about thirty minutes re
turned a verdict of gutlty of mur
der in the first degree.
The State of Oregon vs. William
Hogg, James Adams and Ira Fitz
gerald, charged with stealing a
calf, and also charged with steal
ing a horse, was tried last week.
Ira Fitzgerald, who was charged
with being an accomplice of Hogg
and Adams, demanded a separate
hearing. This was granted and
he was found not guilty and was
ordered discharged from custody.
Hogg and Adams were convicted
on both charges and were sentenced
to seven years each; three for
stealing the calf and four on the
Development Co vs
L H Dorrance. Motion to dismiss
denied.
E O Hvde vs Naomi Salomon.
Non-Suited.
A Ad Keller vs A P Dawson
The defendant given until after the
trial of his criminal charge to file
his answer.
Pilot Butte Development Co vs
S H Dorrance. Motion to with
draw demurrer allowed.
D McMillan and J D Honey man
vs E F Batten, A M Drake and A
L Goodwillie. Jury instructed by
the court to bring in verdict in
favor of plaintiff for the sum of
$1250 with interest.
H F Dietzel vs 8 P Conroy and
the Madras Milling anl Mercantile
Co. Judgment by default in favor
of plaintiff for $6252.76.
Chester Gorge is a man that is
badly wanted by Sheriff Elkins.
He has been stealing horses in
Crook county bv the wholesale
and the sheriff located his man in
Grant county. On October 17th
Sheriff Ambrose of Grant county
was telephoned to arrest Gorge.
Gorge was found at John Day
and was placed in charge of a
deputy who started at once to
bring him to Prineviile. On the
18th while at Dayville the prison
er was allowed to see his parents
for a few minutes. Proceeding on
their way to a place seven miles
below Dayville a man on horse
back and leading another horse al
ready saddled overtook the deputy
and his prisoner. Gorge then
thrust a pistol under the nose of
the deputy sheriff and held bim
up. The deputy was relieved of
$30, Gorge remarking at the same
time that it was county money
and that the officer didn't need it.
The deputy was then ordered to
get out of the buggy and was told
the direction of a farm house
where could stay all night. The
man with the horses took the rig
back to Dayville and then struck
out for parts unknown. This was
the last seen of Gorge or his res
cuer, it is well known that Uorge
is a desperate man and the wonder
is that the officer allowed him out
of his sight. As soon as Gorge
got into the house to see his folks
he had no trouble in getting the
revolver that he used in holding
up the deputy sheriff. No blame
is attached to Sheriff Ambrose,
who is known as a capable officer,
but the deputy is censured for his
carelessness. Sheriff Elkins is
much disappointed at the frustra
tion of his carefully laid plans to
bring a noted horsethief to justice.
He had hoped to be able to take
him to Salem after this term of
court. The Grant county officers
have been instructed to spare no
expense in capturing Gorge.
CROOK COUNTY
MINERALS.
Crook County at Pendleton Fair.
J. N B. Gerking, the well knon
pioneer of Athena, is at the fair
the charge oi stealing a norse. -th choice exhibit of wheat. ai.
btate of Uregon vs. John . veil, . d timothv from the irrieat
charged with murder in the second K digtrict near Bendi Crook coun
degree for the killing of William
Pugh last May, was called Satur
day. The jury found Dell guilty
of manslaughter. The judge in
passing sentence upon Dell was
visibly affected. "Laws are ex
pressed in general term.," said the
judge, "and do not fit every case.
Your case is peculiar and would
nead a special law to cover it. I
do not believe you are guilty of
any crime, but it is my duty under
the law to impose sentence upon
you. I therefore sentence you to
one year in the penitentiary and
to pay a fine of $1." This is the
minimum sentence under the law
for manslaughter. The judge told
ty, where he now owns a large
tract of irrigated land, and where
he resides most of the time.
Mr. Gerkine has an attractive
exhibit on the Umatilly county
pyramid in the east end of the pa
vilion. Oats over six feet in
height are on exhibit, wheat four
feet high which yielded from 25 to
40 bushels per acre and timothy
four feet high, are displayed by
Mr. Gerking.
lhese products grew upon raw
land and were irrigated but twice
during the season, but made ex
cellent growth and yielded well
Mr. Gerking is well pleased with
Oook countv and will farm ex
the prisoner that H his tnends saw tensively there from this time-
fit to get up a petition for a par- East Oregonian
aiAii A iAin in f hn van noct
The best, lightest running an
to tne governor. cheapest sewing machine is found at
The State of Oregon vs. Dawson, I A. H. Llppman & Co. 'a
The exhibit of Crook county
minerals deserves more than a
parsing mention. Ores of gold,
lver, copper and lead, zinc and
antimony were shown, as also nug
gets of placer gold from the Ocho-
co deposits, coal from the Hay
Creek measures and from the
Ochoco, with various hydro-carbon
compounds, including asphaltum
from various parts of the county.
The gold and silver ores from
Ashwood and Howard are as rich
as can be found in any part of the
globe and the veins are strong and
deep-seated. Through the south-
and south-eastern portion of
the county occur mineral belts de
serving attention and it would be
well if some interest were taken by
the people who reside in those sections.
Mr. Thronson, who was in charge
of the exhibit, wishes to state that
he will gladly examine and test
any ores sent him from anywhere
in the county, free of charge, in
the hope of stimulating an activo
interest in these resources of this
county. He has given the instruc
tive portion of this collection to
the high school of Crook county
and will add to it from his work
ing cabinet, and by this means the
school will be provided with a
working series of ores, rocks and
minerals, which have been gather
ed from all quarters of the globe,
and which will be a valuable aid
to all interested along this line,