!m OREGON CDTY ENTERPRISE FORTY SIXTH YEAR No. 23. OKEGON CITY, OREGON, FRIDAY, JUNK 7, 1912 ESTABLISHED 1IM DEMURRER TO TRUE DELICATE BILL IS LOST GERMAN LEADER'S TRIAL IN JULY LAWYER lAYS ACT DI8CRIMI NATES AGAINST CANDIDATES IN FAVOR OF INDIVIDUALSCONSTITUTION QUOT ED Circuit Judge Campbell Monday ov erruled the demurrer to the Indict ment or tlualav Hchnoerr, Republican nominee for representative, cbargod wllh libeling C. Hchuehel, also a nominee (or representative, la an ad vertisement published before the re cent primary. Judge Campbell an nounced that the caae probably would be rallud for trial the lint of July. Tbli la the flrat Indictment filed und er Mention 15. Chapter 3, of the elnc tlon laws of the Hale enacted In 1909, and It will be a tent of the constltu tlonallty of thla section of the art Mr. Hdinoorr la president of the Deutsche Vereln of Clackamas Coun ty and vice-president of the (lerman Societies of Oregon. George C. Brow, nvll represented the defendant aud l.lvy 8Upp, Deputy District Attorney, the Slate at the h paring. The art under which the Indictment waa brouKht la entitled, "An Act to proline by Initiative petition, law to limit candidate election ex penaea; to define, prevent and plinleh corrupt and Illegal practice In nomlna tlona and elections: to secure and pro tect tho purity of the ballot, etc."Te conatlullon of Oregon. Boo. S, of Article 1, provides, that no law ahall be passed retraining the free expres alon of opinion or restricting the light to aiteak, write or print freely on any eubjert whatever." Section 20 of Ar ticle 4 of the Conatltutlon provides: "Kvery act shall embrace but one sub ject and matters properly connected therewith, which subject shall be ex pressed In the title, but If any sub ject ahall be embraced In an act which ahall not be expresn-d In the title. I auch ahnll be void only aa to ao much thereof, aa shall not be expressed In the title." Mr. Ilrownoll contended that See. 55. created a crime which had been heretofore unknown to the criminal law or the common law, and Is defin ed In Section 35, aa political criminal libel, and Inalata that there waa noth ing In the. title of tho, act to iudlrate that it waa Intended by the leclalature to create any new offense or to desig nate any particular offense, or Is there auythlng eipressed In the title of the a.-l to Indicate what tha pur pose of the legislature waa, ao far as creating the offense of political crim inal libel, waa concerned. Ilia next proposition was that Sec tion 35, provided, referring to politic al criminal libel, aa follows: "If the person charged with such crime ahall prove on his trial that be had reason able grounds to bolleve that auch charges were true and aia oeueve u was true, and that be waa not actuat ed by malice In making such publica tion. It shall be a aulllclent defense to such charge, but In mat event ano a imrt of auch defense, the author. and the printer or publisher or other person charged wllh auch eriino, shall alao prove that at least fifteen days before such letter, circular, promr. bill or placard, containing such false statement or statements was printod and circulated, be or they caustU to be sorvod, personally or in person uii on the tsndldnte to whom It related, a copy thereof, In writing" ur llmwnell contended that this waa a direct violation of Section 8 of Article 1, of the constitution of the State of Oregon, wherein It la express ly declared that "no law ahall be pass ed restraining the free expreseloa of opinion or restricting the right to speak, write or print freely on any aubject whatever.' His contention being that the only construction that can be placed upon the language que ed Is that In addition to proving the truthfulness of the charge alleged In the Indictment, that If a man waa a candidate for office, he would have to sorve a notice on the other candidate or candldtttca. If he Intended to pub lish or make any statement regarding them, fifteen days before doing so. Mr. llrownell contended that thla Is restriction on the right to print and to free speech, and contended further that the statute forces a duty upon a candidate for office or the printer or publisher of a newspapor that It would not force upon a private cltlxen. who would make almllar charge, and U therefore a discrimination and In vl olaUon of the constitutional rights of the defendant In this case. In other words, his contention waa that where tho law compels a candi date to serve a copy of whatever he Intends lo print about a candidate; be fore he can bave the right to print It, that It Is a constitutional prec"ednt, which be ha to perform before he can do so. In other words. It la In the nature of a penalty or duty whjch Is forced upon an Individual who wish es to print or publish anything about a person, and Is therefore necessarily a restriction, because before any per son can print an article he baa to per form some act which makes It clear ly a violation of Section 3. of Article 1. of the Constitution heretofore re ferred to. HEDGES TO AS8IST IN 8CHNOERR DEFENSE. ' J. E. Hedges will assist George & Ilrownoll In the defense ot Gustav Scbnoerr, Republican nominee for, re presentative, Indicted on a charge of libeling C. Schuebel, also a Republi can nominee for repreaentatlve. In an advertlement published before the re cent primary. The trial probably will be held early In July. Mr. Schnoerr la Preildent of the Deutsche Vereln In Clackamaa County and Vlce-Preaident of the German Societies In Oregon. OPERATION Dr. K. A. Bommer sold Monday night that unless unexpected complications developed, Kobert Green, son of B. It (Ireen, who was accidentally shot Memorial Day by K. T. Fluids would recover. The young man was shot through the lower part of the heart, and through one lung, and the operation that waa necesaary to aave his life waa the second of Its kind that has been performed In Oregon. The other waa that of boy named Engle, of Molalla, who also wss operated up on by Dr. Bommer. The oieratlon Is on of the most delicate that could be performed, and Dr. Hommer Is be ing praised by his friends for bis suc cessful work. It la declared that bis record run In his automobile from Portland to this city aud hi operat ing Immediately upon his arrival sav ed the boy's life. KILLS HIMSELF LOUIS LEE, ONCE INMATE ASYLUM, FIRES BULLET THROUGH HEAD OF MAN HAD THRfATENEDTO TAKfllfE Letter Found In Home Revested Pre-! meditated Plan And Aaked Authorities To Find Brother I.ou!s Lee, thirty years of age, who lived alone In a cabin near iloring. dim! In the Oregon City Hospital ear ly Monlsy aa the result of a gunshot wound Indicted with suicidal Intent at his home Sunday afternoon. The ball plorced the man's bead, and he was brought to thla city shortly before be died. In a note left by him he declar ed that he did not rare to live longer, ey L. Iee visited hla brother ab Ait a and asked the authorities to turn his body over to his brother, Oley U Lee, who Is thought to be In Portland. Ol week ngo. Coroner Wilson, thus far, haa been unable to locate the brother and tho body will be held, for a day or two waiting Instructions from him. The following letter waa found on a bureau in tha man's bedroom by the coroner: "I cannot stand this any longer, so I have made up my mind to end It all. "I have written a loiter to my broth er. If an) body knows bis whereabouts pleaae notify him Immediately for to take charge of my remains. Consld erlng that the fact will be known soon er or later by my father and mother In Norway, I advise my brother to pro cure a duly sinned ana witnessed death certificate, and aend It to them so they can recover the Insurance. "I die with good will toward very- body and malice toward none. "May Ood bave mercy on my soul. "Louis Lee." J. A. Shank, who has been cutting wood with Leo for several months said Monday that he frequently threat ened to commit suicide. The man was found In an unconscious condl tlon In his cabin by Shank, who not ified neighbors. He owned a farm of ton acres. Lee came to this county several years ago and obtained em ployment as a woodcutter. Soon aft er he bought the farm and had boon paying for It on the Installment plan. About a year ago he waa adjudged to be of unsound mind and aent to the asylum at Salem. He waa soon dis charged as cured. TO HGHT SCHOOL SUIT The rase of Carl J. Hanson against Bchool District No. 1, of Mlwaukle, and the Hoard of Directors enjoining them from purchasing two acres of ground, which was authorised at the school meeting called for that purpose will be bitterly contested by the de fendants. The answer has been Died by the law firm of Dlmlck ft DTmlck, In which It la alleged that the land purchased la expressly in accordance with the resolution adopted, at tho school meeting, and the tract la cen trally located and Ideal for the school purposes. . The anawer further alleges mat tho opposition to the purchase la brought about by real estate speculators, 'In attempting to force the directors to purchase land from them, in order to enhance the value of other property they have for aale further north ot the tract purchased by the Hoard & Directors. LEE CALLS WOMAN'S n M. J. Lee, of Canby, who haa been sued Mary S. Cronln for $50,000 for alleged defamation of character, says that be considers the action nothing short of blackmail. Ha declared he knew nothing derogatory to the wo man's character and had not made any criticism of her. Miss Cronln sued Walter B. Moore about three months ago for 100,000 for breach of promise but the case was settled out ot court. BORING FARMER AUTO CLUB TO BE E E NEW ORGANIZATION, AT BAN QUET PLANS IMPROVE MENT OF ROADS COMMITTEES ARE APPOINTED Starkweather Explains Bill Provldlnfl License Of $i For Each Horse power Riley Amuses Crowd Mutters of Importance to automo bile owners and others were discuss ed at tho r.rst banquet ot the Clacka mas County Automobile Club held Wednesday evening at the Commer cial Club Tha attendance was large and the members were enthusiastic over the prospects of the club, which was organised about two weeka ago. It was derided that the organisation should work for the Improvement of the roads of the county. A trip of the members to Mount Hood In tho near future waa planned. W. J. Clemens, President of the I'ortlan-i Automobile Club, called at tentlon to the necessity that the mem bera be thoroughly acquainted with their rlgtita aa well aa the rights of others using the roads. He declare.) that the pedeatrians and occupants of vehicles other than automobiles, Dan rlghta wblrb must be respected by sutolsts. He aaked for the coopera tion ot the club in the Improvement ot the Mount Hood road, and Invited Ihe members to attend the opening of the Portland Automobile Club House on the Sandy River June 16. 1L O. Starkweather discussed the proposed bill providing a license an nually of $1 for each horsepower. He said the money derived from this source would be a factor In improv ing the roads and the automobillsts would have the satisfaction of know ing they were aiding materially In thla good work. Prank D. Riley Vice-President of the Paclflo Highway Association for Oregon, said the work on the thoroughfare was pro gressing rapidly. Mr. Riley made ono of the boat addresses or tne evening, snd his humorous sallies were warm ly applauded. Frank C. Rings announced that the Rex Slgervllle road In Washington Countv had baas tinptevad and Would be ready for use Saturday. Mrs. John R. Rlsley Invited the members of the club to attend an en tertainment to be given by the Con cord Woman's Club at Concord tomor row evening. The entertainment Is to be to the husbands and other mem. bera of the families ot the members. Addresses aUo were made by Captain John T. Apperson, C. Schuebel and T. W. Sullivan. The club by a unanimous vote de cided to participate In the Portland Automobile parade during the Rose Festival and In the automobile parade In this city noxt Saturday. Committees were appointed as fol lows: ' Social runs W. R. Logtis. M. D. Latourette, William 8heahan, Charles Rlsley and T. W. 8ulllvan. Good Roads B. T. McDaln, John F. Rlsley, I.Roy D. Walker, L. W. Rob- blna. J. w. Roots, H. U. Starkweatu er and John T. Apperson. Finance T. W. Sullivan. W. A. Huntley, C. Schuebel and E. J.Daul- ton. Rose Show William Sheahan, C, W. Rlsley, H. 8. Moody and W. J. Wil son. BURNS SOCIETY TO GIVE PICNIC JULY 4 The Robbie Hums Society and the Scotch clans of Portland will bave a picnic, Scotch games,, Highland gamea Highland pipers and dancing at Ca- nemah Park July 4. Scots from all over the state are expected to take part There will be a baseball, foot ball gamea, races, putting the stone. throwing the hammer, etc Prizes for events will be given. The Oregon City committee Is composed of Major C. S. Noble, John Lowry, Kenneth McLarty, W. Roberts, Peter Forbes and others. The only possibil ity of a small attendance will be the want of transportation. Ono business man of Oregon City on hearing of this event volunteered Jf rash and $.1 for a special prize. Others who wish to assist can communicate wllh the committee. The exercises will be closed with old country danc ing In the pavilion. HOWARD II. JAMES t? ELECTED SUPERVISOR .The county educational board Mon day afternoon elected Howard M. James, of Estacada, supervisor of Dis trict No. 3, to succeed Carl F. Ander son, wno waa not an applicant for re election, having been chosen aa prin cipal of the West Oregon City schools. Mr. James haa been superintendent of the Estacada schools fortbe last tour years. J. E. Calavan waa elected to suc ceed himself In District (No. 2 and no successor baa yet been chosen in place of Mrs. Emtlle C Shaw, who has been elected principal of the Wichita school. The board will probably All the remaining vacancy next week. R PARAD CHILDREN'S PARADE TO BE SHOW FEATURE One of the prettiest and most un ique features of the Rose Festival next Saturday will be the Children's Parade, which will start at 11 o'clock iu the morning. The pageant, which will start at the Hawley Mill, will be headed by the Girls' Oak Grove Hand, and will be reviewed at the Judges' stand, Seventh and Main streets Manager Freytag of the Promotion Department, said Wednesday that the parade Ml the children tbla year would bef ar tiiperior to that of last Decor ated go-carts, baby ibujcgles, tricycles. toys, etc., will be gioong the little floats In the parad. Many children In various parts of die county, as Well ss scores In this city, have been fil tered, and It la believed that the "lit tle parade" will be the blggeat thing in a way of the big festival. E BIGGER CROWD THAN THAT Al BOOSTER CELEBRATION IS EXPECTED SATURDAY ADDITIONAL PRIZES ARE OFFERED Woman's Club Announcea That Ba bies For Show 8hould Bs Registered At Public ity Office Oregon City will have one banner day next Saturday, when the annual rose show of the Clackamaa County Hose Society, will' be held. It Is pre dicted that there will be a larger crowd in the city even than that on Booster Day, which waa some crowd. Mrs. A. C. WarneoPresldent of the Society jtnd her assistants have work ed harder than ever before to make the ahow a big success and it la a foregone conclusion that their efforts will result In the biggest demonstra tion ever known In thla clt. Mrs. Warner announced Tuesday mjhmMmc b arfdiuua the claajej and prizes enumerated on the folders which, have been distributed that W. P. Hawley had offered a handsome cut glass vase for the beat exhibit of six new roses since 1906, and that O. K. Freytag had offered cash prizes for the best displays of pink and white Calarney. She also announced that folders could be obtained at the ofllce of the Publicity Committer and Harding's drug store- The Woman's Club announced Tues day that lbes for entry In the baby show to be given at the Cung-egation al churvn In connection with the Rose Festival could be registered at the Promotion Office. The program for the day will be as folic ws 10 11 A. M. Music by Concert Hand, Seventh and Main streets. 11:00 A. M. Childrn'a Rote Paiade. Headed by Oak Grove Girls' Band Starts at 12th and Main, Review at Judges' Bt?nd, Seventh and Main streets. Ends at Twelfth street 1:30 P. M. Automobile parade. De corated automobiles. Decorated mot orcycles. Headed by concert band. 2 P. M--Baby Show at Congrega tional ( !mrch. Eleventh and Main streets. 2:3o r M. Rose ahow cpejs at Busch'a ball, Eleventh and Main streeU. 2:30 to S P. M. Coisert at enltnnce to roso rlow halL S:li to 4 P. M. Concert at Court house. 4:15 lo b P. M. Concert at Sixth and M.tlu streets. fi:15 to 6 P. M. Concert at Sus penaiot. bridge. 8 P. M Awarding of prixci rose ex hibit t.t l unch's Hall. The children's roso ahow parade will cor.it rise many unique features The following addit.oual classes have been announced: First l est Indian costume $l: sec ond beat $1; first best Scotch 13: sec ond beat 11 and $1 (or boat out of town division. Work waa commenced Tuesday on the Clackamaa Southern Railway Company line, beginning at Oregoa City, and an officer ot the Company said tho work would be pushed all summer and the force will be Increas ed from time to time ao that the road will be completed and in operation In to the Molalla valley before falL The Company baa worked against great odds by not having tha lartv support of kll citizens who will be benefited materially by the completion of the line. With the assistance of Stephen Carver and the people of Ore gon City, and those who live along the line the road can be placed In oper ation into the Molalla valley before October 1. It la the Intention to complete the road from Oregon City, Southerly and confine all of the wirk at one end ot the line so aa to get It In operation from Oregon City to Beaver Creek, aa soon aa possible, so that the road can be used In hauling to market logs lumber, cord-wood and piling, aa there Is a great da! of that material In that section awaiting transportation. RO DAY IWtXNHfl GEBHARDT GOES FREE AT HEARING JUSTICE OF PEACE HOLDS CON STABLE KILLED LINDLEY IN SELF DEFENSE EVIDENCE IN FAVOR OF DEFENDANT Browned And Hsyes, Counsel For Ac cused, Make Strong Pleas Verdict Applauded By Crowd Following a dramatic hearing of several hours Justice of the Peace Samson Saturday afternoon dismiss ed the charge of murder against Aug ust Gebhardt contsable and promi nent farmer of the Stafford neighbor hood. The court held that Cebbardt shot Robert Llndley, a farmhand last Sunday evening In defense of himself and wife, following a party at which beer waa served. More than 100 of the defendant's: neighbor attended the hearing, which waa conducted In the circuit court room, and when the verdict was rendered, the applause waa deafening for about a minute. At leaat ten of his neighbors testified to Gebhardt's good character. The moat favorable testimony for the defendant was that ot Dr. Hugh S. Mount who attended the wounded man. The witness told of an ante mortem statement made by Llndley, in which he said he started the flgtt w hich resulted In his being shot Al though the bullet pierced his heart IJndley lived nineteen hours after be ing shot Gebhardt testified that La went to the front gate with Ryan DeNeul the last of his guest to depart Upon bia return to the houae his wife and Llndley were standing In the kitchen door. The witness said Llndley made a remark about his carrying a pistol Gebhardt replying that he had a right to carry a pistol. Gebhardt then In formed Llndley that he wished to pay htm off and asked what was due. .Indley said I owed him for three- and three-quarters day's work," said the witness. "We walked into the kitchen and be struck me knocking me down. I arose and he struck me again." - - - - TJhs witness said he could not re member everything that transpired but he thought he waa struck three times or more One blow knockea out a tooth. Then, according to Gebhardt Llndley struck Mrs. Geb hardt several times, and the witness and Llndley again came together, the pistol being discharged while Llnd ley held to it This testimony was In the main corroborated by Mrs. Geb hardt Both of them, although not re membering all the details of the trag edy, told straightforward stories which Impressed those present as be ing true. Harry Peters, who lives near the Gebhardt home, and waa one of the guests at the party, testified as to Llndley's disposition. He said some time before the shooting Llndley with a 22-cailbre rifle threatened to shoot a bottle in the back yard. Harry Geb hardt a 17-year-old son of August Gebhardt told the man not to shoot at the bottle as it contained vinegar. The witness declared that Llndley said he would shoot anyway. Geb hardt atepped between Llndley and the bottle, Llndley warning the lat If he did not get out ot the way, "1 11 put a hole through you." Peters says he took the gun, Llndley offering no objection. George C. Brownell and Gordon E. , Hayes, counsel for the defendant in summing up declared that the shoot ing was in self defense. Both made strong snd convincing arguments, and won the sympathy of all present tor the defendant and his wife. Assistant District Attorney Stipp, who conducted the prosecution said he wa positive the circumstances leading up to the killing were not the same as related by the defendant and his wife. - The prosecutor said there was nothing to show that Llndley in tended to kill the couple. "It la one of these case In which the facta probably will never be known," asserted the prosecutor, "but it is preposterous to think the true facta have been given at this hear ing." - MILLWORKER SEEKS y Victor Wasiljeff filed suit Tuesday against the Hawley Pulp & Paper Company for damages for Injuries re ceived while working In defendant's mill January 2, 1912. The plaintiff alleges that there were pulleys eighteen fet above th main floor of the mill, and belts were run from pulleys to the machinery be low, and in order to atop the machin ery which waa operated by the plaint iff. It waa necessary to ascend to the deck above and throw off the belts from the revolving pulleys by band, and in performing the work under orders of the foreman, his hand wak caught between the belt and the pul ley, and his right arm waa crushed and broken and permanently injured. Plaintiff further states that the de fendant waa careless and negligent by not having proper devices for ad- tustlnr the belts, and that if proper devices had been used rhe injury would not have happened. He aaka $10,000 damages, for the Injury to his arm hich e says Fas rendered him in capable of performing work. SINGLE TAX MEASURE IS FILED BV UKEN SALEM, Or., June 1, (Special ) W. S. U'Ren filed with the secretary of state today an Initiative measure pro viding for single tax In Clackamas county. This la the second initiative bill to be filed for submission to the people at the next election. The title of bill Is as follows: "A bill for a local law for the coun ty of Clackamas to exempt from taxa tion all trades, labor, professions, bus iness, occupations, personal property and Improvements on. In and under land, to require that all taxes levied snd collected within said Clackamas county aball be levied on and collect ed from the assessed values of land and other natural resources, separate from the improvements thereon, and on and from the assessed value of public service corporation franchises and rights of way." MISS M'CORD IS II JOSEPH 8HEAHAN. FAR BEHIND, AWARDED 8ECOND PRIZE, $100 IN GOLD WILSON THIRD AND BROWN FOURTH Four Hundred Subscriptions Added To Morning Enterprise Which En hances Advertising Value STANDING OF THE LEADERS Miss Ruby McCord 2S7.000 Joseph Sheahan 88,200 Kent Wilson 29,800 John Brown 10.000 Miss Ruby McCord wins the auto mobile. Joseph Sheahan wins the cash prize of $100. The big automobile contest of the Morning Enterprise came to a close at T o'clock Wednesday night and the judges. E. H. Cooper and C. 8 Scnraiii, fiuifched tne count in reoeru time. Soon after the count com menced it was apparent that Miss Mc Cord had obtained a lead that could not be overcome. Her hard and faithful work throughout the period covered by the contest won the $785 5-passenger Ford automobile for her. This contest has been a notable one In newspaper history. In the start Sheahan Jumped into the game and took a lead that startled aU ot his competitors but Miss McCord waa not to be daunted and she worked per sistently, covering miles of territory in her effort to secure subscriptions to the Morning and Weekly editions of the Enterprise that meant votes for her. She has always been keen to take advantage of special offers and double-vote days and haa left no stone unturned to win. The Enterprise congratulate Miss McCord. She deserved to win, and is entitled to all the pleasure she can possibly get from her new car. Four hundred new subscribers have been added to the Morning 'Enterprise list as the result of this contest The weekly edition haa also benefited to the extent of several hundred, giving both editions a wider circulation in every section ot Clackamas County and making this newspaper ot en hanced value to the advertising field. ROAD TO PORTLAND Construction of the railway from Cottrell to Sandy, a distance ot 5 and one-half miles, by the Northwestern Railwar Company, is considered as sured. A committee from the Sandy Commercial Club, Messrs. Denholm, Dixon, Eddy and Esson, has succeed ed In securing rights-of-way for the entire distance through the farm lands so it is announced here, and grading Is to commence within a short time. The branch will connect with the Mount Hood Railway at Cottrell, and thus provide Sandy and Sandy district with railway connection with Port land. Arrangement have been made with the sawmills to supply ties and bridge timbers. The people of Sandy and vicinity are elated over the pros pects of getting railway communica tion with Portland. COUNTY HEALTH BILL IS 0. K.D BY STATE According to a bulletin of the State Board of Health Clackamaa County's health la way above par, thank you. And the number of births In the coun ty make the number of deaths look like thirty cents, another cause for congratulation According to the bulletin there were 29 births and 10 deaths in January, There were sev en cases ot typhoid fever and one case of smallpox. In February there were 36 births and 15 deatha; three cases of typhoid fever and one case of smallpox. In March there were45 births snd IS deaths. No contagious or Infectious diseases were reported. WINNER OF AUTO SHOOTS HUSBAND, THEM KILLS SELF MRS. PEACHIN SENDS TWO BUL LETS INTO POLICE SER GEANT'S HEAD TRAGEDY IS IN TENT AT WICHITA Wounded Man Taken To Hospital In Portland And May Recover Coroner Mikes In vestigation Following a deliberate plan and moved by jealousy, Mrs. Leona Peach In shot and wounded her husband, a sergeant of police In Portland, aa he lay in bed, then killed herself. The tragedy occurred early Saturday morning, at the Peachln home, a mile south of Wichita station, on the O. W. P. line. Peachln Is at St Vin cent's Hospital in Portland and al though shot three times, twice in the bead, he will probably recover. It aeems probable that Mrs. Peach ln waa suffering of mental aberration. due to jealousy. Her father and mother, who slept near, had not any warning of the deadly fit and are strongest In declaring the wounded husband blameless. Sergeant Peachln lives In a small borne for which he ia paying. Just within a block of the Wichita school His wife's parents, Mr. and Mrs. C. Krigbaum reside at Eatacaaa en a SO-acre farm. They came on a casual visit Friday and while a nandful ot let ters announcing the homicide to fol low rested in the cupboard of the Peachln home, the old people had no Intimation of a tragedy prior to the first shot about 4 A. M. When the Krigbaums reached the Peachin bame about 7 o'clock Friday both the sergeant and his wife, were there, he in the best of spirits and she rather quiet but normal During the evening walks were taken about the little home. About 10 o'clock the family retired, the Krigbaums taking the bed in the little two-room building and the Peachina taking a cot In a tent adjoining the house. Before re tiring Sergeant Peachin aaked hla mother-in-law to be sure and not let him sleep beyond 4:30 A. M. aa he wanted to get an early start tor Port land. ... . ,.- . Mra Krigbaum awoke at 3:30, and in the dim light thought ber clock in dicated 4:30. She called to her daugh ter, who responded, examined her own timepiece and replied to her mother that she waa too early. No further word passed, so far as the parents can state. About 4 A. M. three shots were fir ed in swift succession inside the tent Leona was heard to call, "Mamma!' Three more, shots followed at rapid intervals and by that time the alarm ed parents had reached the sleeping apartmnt of the couple. Mrs. Peachin had fallen to the floor with a bullet wound in her heart and waa killed in stantly. Her husband, still on the bed and badly dazed, was clinging to one wrist ot the dying wife and mum bling "Take the gun away from ber." Mrs. Peachtn's night clothes had caught fire from the close proximity of the pistol when she turned the pist ol upon herself. The first waa ex tinguished, neighbors were summon ed. Dr. J. T. Townley, of Mllwauklb called, and Coroner Wilson, ot this city, notified. Sergeant Peachln had one bullet wound through the scalp in the mid dle i the back ot the head, which hod apparently deflected upon the bone and ranged downward, Instead of pen etrating the skull. Thla was the am shot fired, while the husband waa ly ing prone, with his back to thla wife. As he turned to face hla wire, anoth er shot entered hisj right cheek rigut at the base ot the bridge ot the nose. and ranged backward, the exact lo cation not having been determined. A third wound was found through the fleshy part ot one finger on the left hand. - A number of letters, some ot them incoherent, written by Mrs. Peachin, all dated May 31, announcing that she intended killing her husband and her self. In these she constantly refers to another woman or more, and says she could not stand the strain. She also says In one that she tried to kill him before, that he has told ber he would soon go to live with another woman, and makes other statements which are not corroborated by any member of the family, and Indicating that she labored nnder a hallucina tion worked by a jealous fit In one she says "Everett wants me to clean his revolver tonight: I will clean it but not for the purpose he expect" "We had a few words last night" said Peachln at the hospital, "but I thought they would lead to nothing serious "although my wife threatened to kill me at the time. She has been 111 for a long time and I knew her to be extremely nervous and hysterical. We went to bed and I was aroused this morning when she arose about 4 o'clock. I called to ber and the ans wer was a shot, the bullet striking me in the back or the head. My back waa toward her. Aa I turned over she fired again, the second bullet hit ting me In the face." DOZEN PETITIONS FOR DENIED. ROADS At least a dozen applications for new roads were denied by the County Court Wednesday. The petitioners asked that the money be provided from the general fund. Judge Beatle explained that the court had announ ced In January that no money would be expended from the general fund for building new roads, the court hav ing decided that such appropriations would be equivalent to taking money from one district for nse in another.