Vol. XV. No 40.
CORVALUS, OREGON, N(VEMBER .15, 1902.
B. F. IRVIWB
Editor d p
i
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Largest assortment and best bar
gains ever offered. .
.Notary Public.
E E. WILSON,
ATTORNET-A I-F,
Office la Zlerlolf'a building.
Iff
ill
and Childrens'
.Than we charge for repairing you PAY
TOOiMUCH. If you pay less you don't
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well as it can be done and our price are
right for first class work. When was
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A full line of Watches, Clocks, Jewel
ry and'Optifcal Goods.
Call and see
PRATT
The Jeweler and Optician.
Thanksgiving
Good Things
that you can't do without. Tur
key may , be King, but we have
other luxuries that press His Ma
jesty very closely. We have the
best mince meat, raisins, currants,
fruits, and everything needed for a
delightful Thanksgiving feast. ,
P. M. ZIEROLF.
B. A; CATHEY, M. D.
. Physician Surgeon.
Office: Room ,14, Bank Building.
Office Hours f 10 to 12 a. m.
I 2 to 4 p. m.
ENTON TRACY
THE EYIDENOE THAT SENT-HIS
MURDERER TO PRISOS FOR
'., :-LIFE,
All Circumstantial, Evidence, but
it Leaves no Room for Doubt
as to HeatonVGuilt "Had
a Fight up in Oregon
and Betsy .Served
me Well." ' .'
A trial that will long: occupy a
prominent . place in the criminal
annals of Lane County, was' that of
Heaton the man who murdered
Benton j Tracy at Junction last
May, concluded last Friday. The
evidence was purely circumstantial,
but the threads in the web were
woven eo closely that the guilt of
the accused was not questioned in
the jury room. The incidents prer
ceding and following the six ehots
mat rang out irom me saioon at
midnight, when told by many wit
nesses on the stand, all pointed an
accusing finger at the prisoner. 'I
had a fight up in Oregon, and Bet
sy (his revolver) terved me well."
1 1 TT A. ?
a casual remark maae oy neaion
in California came up in court to
confront the prisoner, as did many
other accusing incidents of similar
character.
The trial began in Judge Ham
ilton's court, Eugene Thursday
November 6th and was concluded
last Friday. District Attorney
Brown, his deputy, L T Harris of
Eugene, and Judge McFadden of
Corvallis appeared for the prosecu
tion, Judge McFadden conducting
the examination of witnesses. The
counsel for defense were A C Wood
cock and L Bilyeu, of Eugene. Af
ter three hours deliberation, the jury
rendered a verdict of murder in the
eecond degree, and at 10 o'clock
Saturday, Judge Hamilton senten
ced Heaton to the penitentiary for
life. '
In Corvallis where Benton .Tracy
was well known and universally
eateemed.there was much interest in
the trial. - Below, the. Times gives
a complete resume of the testimony
as it was produeed in court.
The evidence showed that Benton
Tracy was a bar tender operating
the Monogram Saloon Junction
City for two or three years prior to
May 19 last. That at about 12:1 5
on the night of May 19th six shots
were fired, the first shot sounded as
distant and within a minute five
shots followed in quick succession;
that Burt Heaton was a gambler
"broks;" that 50 cents was given
him that night which he lost in a
game; that sundry persons' had
given him money at and about the
time to buy meals; that he was seen
in the stairway 10 ft N of the cen
ter of the front door of the Mono
gram at 11 p m on the night of the
murder; that he was seen by two
persons in front of the saloon with
in five minutes of the shooting;
that he was also seen at the door of
the saloon at 12:15 on that ni
ght by the SPRR Co. operator.
- : All these parties identified
the murderer as Bart Ray -the
deft Heaton; that Heaton had
seen about $500 placed by Tracy in
the till of saloon the same night as
Iste as 11pm; that Tracy with
a revolver at : his side with
five empty shells and cartridge box
open,, was on the drain
board back of the bar; that there
were foot prints on drain board
and on the top of the bar; that Tra-
vaaa Irillari roit.h a. d&o.siihra un
ion metallic, the ball going through
the body at an angle of 55 degrees,
striking the partition wall in the
saloon next to the billiard room,
the ball being-found on the floor.
Also that Tracv had dust on his
knees, thai where the blood was
found on the floor was in line with
the tracks on the bar and where
ball struck the partition. Drops of
blood were marked on the floor
from a point about four feet from
tbe opening the biilard room, back
of bar and to where Tracy was
iound and ioilowmg along, on out
side of bar to doorsteps in front and
back again. '
In one of the sacks in the till
which the murderer secured was
five or six dollars in dimes and
over one dollar in nickels. .Also a
buckskin purse containing seven or
eight $20 pieces; that Heaton wore
a black Derby hat, dark coat and
vest and was clean shaven, dark
hair and eyes and about five feet
seven or eight inches in height, wei
ghed about 150 pounds; that a man
answering his description; going at
a rapid gate was Been by the Harris
burg bridge tender at one a m two
andjthree fourth miles from Junct
ion depot carrying a Derby hat, and
something like a handkerchief with
something else under it in his left
hand; that at 8:30 the same morn
ing, he went to the boarding house
of Mr Ramsay atv Albany, asking
there for a room, and stating that
he had been out all night; that he
looked' tired and worn and that he
remained in' his room until dinner;
that after dinner he returned to
his room and remained until supper
and during the day did not leave
the boarding "house. He was, on
bUD niuutoa diauu, iuouiiucuuj uii I
and Mrs Ramsev as the same ner-1
son as Heaton.
While at the boarding house he
asked Ramsey: what time the train
left for the.BQutb, and was 'not seen
by the Ramseys after the night of
May 20th, which waa the night after
the murder. He ' was next seen
and recognized on the night of May J
21st, 12 miles from Redding7 Cal
ifornia. He owed one dollar to party
who ; met him there and said
he had funds to take him (o Sacra
mento and Arizona, where he would
get an agency. He said that he
had had a hard fight up in Oregon
and that Betsy referring to his re
volver had served him well; that
he sot to Redding after 11 p m on
the night of May 21 ft and slept on
a lounge in the parlor at Mrs Mai-
tin's boarding house, that night;
that he ate breakfast there on May
22nd at seven a m and said he was
ravenous, tnai ne had notmng to
oat for about two days; that he
came through as blind baggage and
beat ths railroad company. After
breakfast he went to bed and sent
his clothes to a dyer's to be return
ed at four p m on May 22nd. He
ate dinner in a pair of pants fur
nished him by Miss Martin, which
belonged to her brother. "Slivers"
his mistress, aud who at Eugene
purported to be his wife, was at
Mai tins when Heaton returned the
night of May 2 1st. Heatsn had
left Bidding on the 1st of May,
owing Mrs Martin a debt of fifty
cents.
1 Immediately after breakfast,
Slivers went out shapping and- re
turned with new hat and veil, belt,
kid gloves, new gaiters and " pocket
book. Before the return of Heaton
Slivers was 'broke," Miss Martin
picked up the pocket book from the
table in the presence of Slivers
and Heatoni saying "We've got
the stuff." Slivers replied, "Burt
got me this present," referring to
pocket book and purchases. "Burt
has done real well, we've got the
stuff." Heaton joined in, striking
his pockets with both hands, We've
got the stuff, here and here," strik
ing his left breast. y Miss Martin
said "show your stuff; talk
dont go." Thereupon Heaton took
from the inside of his vest a long
buckskin purse, and referring to
what was inside it, said: "That's
gold coin," Miss Martin picked up
the pocket book on tbe table. As
she did bo, a small piece of money
fell on the floor. Opening the
pocket book she saw a $lo and a $5
gold piece the balance in the. book
was silver. Bonnett the man who
washed and cleaned the clothes
brought them to Heaton at 4 p m,
Heaton paid him therefor $3 all in
dimes. Heaton paid Mrs Martin
the 50 cents- and his bills for the
time since his return all in dimes
and nickels.
Heaton remained at Martin's
house at all times during the 22nd
day of May. He said he had re
ceived a telegram from Al at Red-
Bluff and would leave for that
point at 10.55 that night. Ha leh
Martins with Slivers at lo p m.
was arrested bv sheriff Withers on
July 19 at Wells Nev. The Sheriff
read the warrant to him after the
arrest.! Heaton said "It is very
unfortunate for me that I left there
that night. I went north two or
Lthree stations. The Sheriff said to
what station? Heaton replied "I
guess I had better not talk any
mora." No freight went-iiorth from
the time of the shooting until 8. 5
p m May 20th. At the time" of the
arrest the sheriff took a revolver
from Heaton loaded -with 45 Union
Metallic . cartridges Sheriff Burns
of Redding the Chief of Police of
Reddiug and the constable and
also Miss Martin each testified that
they knew the revolver and had
known it for month?, the chief of
Police having the sole custody of
it for three months after Jan 19o2.
CONTINUED ON SECOND rAGE '
T GUILTY
SCEXES IN COURT ROOM AFTER
RELEASE OF PRISONER LONG
CONDEMNED. ' v-i
Acvuittal of Molineaux at Second
Trial Spectacular Phenomen
on in Mid-Heavens With
7 Brooklyn Bridge Afire.
New York, Nov. 11. Roland B
Mollineux was set at liberty today,
after spending nearly four years in
prison and being once condemned
to death and twice placed on trial
for his life for the murder of Mrs
Katherine J Adams. But 13 min
utes eufficed for the. jury to reach
a verdict of acquittal.
Molineux, wno was brought .into
court as eoon as it was known '. that
the jury had agreed, was apparently
as unconcerned as he was through
out the trial, and gave no evidence,
of emotion whan the word that es
tablished hia innocence was pro
nounced. . His aged father, Gener
al Molineux, was deeply affected
and could with difficulty respond
to the greeting of his friends who
pressed forward to offer their con
gratulations. Among the first per
sons to re-enter the courtroom was
Assistant District Attorney Osburn
who seemed to be nervous as he
waited for tfie'verdict. Immediat
ely after the rendition of the ver
dict the prisoner was formally dis
charged from custody, and left the
courtroom With his father and coun
sel. In passing out of the build
ing the three were cheered by a
great crowd that gathered in antic
ipation of the acquittal.
From the Criminal (Jourt build
ing Molineux went to the Oity
Prison. In making his way to his
old eel), and thence to the front en
trance he traversed a considerable
portion of both the old and the new
prison, and everywhere he went the
news of his acquittal went too, and
the prisoners cheered him. He even
went through the women's depart'
ment, where there were very .many
1 1 I,.
wno cneerea mm.
Molineux, accompanied by his
father and two of his attorneys,
entered a carriage and was driven
to his father's house in Brooklyn.
About 3000 persons, cheering and
shouting, surrounded the carriage
and greatly delayed their depart
ure.: JThe keepers of the Tombs
Prison came out and shook hands
with Molineux, and many people
waved handkerchiefs from the win
dows in the street.
When the word was brought to the
courtroom that a verdict had -been
reached, court officers shouted for
order and a hurry call was sent for
Judge Lambert, who was-not to be
found in his chambers. It was 3:28
when the notice was received and it
was 3:45 when Judge Lambert took
his seat. He notified the audience
that there must be no demonstra
tion, and then instructed the Clerk
to put the question to the jury.
"Not guilty," said the foreman, in
reply to the formal inquiry, and
Molineux, who had been standing
to receive the verdict, Bank back in
his chair. There was a burst of
applause.but it was speedily quelled
by the court offkers. Judge Lam
bert ordered the court cleared "and
told the jurors to remain in their
seats until it was cleared. Then,
aftea counsel for both sides hadcon
gratulated each other and the jury
had thanked the court, Judge Lam
bert ordered the formal dircharge of
Molineux. A crowd of at least IttOO
followed, cheering General Molin
eux and his son as . they left the
courtroom with Messrs. Olcott and
Weeks. Ex-Governor Black, who
reached the side-walk five minutes
later, received an even greater ov
ation than bad greeted Molineux.
New York, Nov. lo. The new
East River bridge, in process of
construction between New York and
Brooklyn, was damaged to the am
ount of at least J5oo,ooo tonight
by a fire that four hours raged : 335
feet in the air, on the summit of the
great steel tower on the New York
eide. ' There was probably no loss
of lives. ; v - :,.
Owing to the enormous height
of the tower it was impossible to
reach the fire with any apparatus
in tbe Fir Department, and the
flames," after devouring - all - the
woodwork on the top of the tower,
siezedonthe timber falsework of
the.' two foot bridges suspended
from the main cables, - burning
away the supporters. . Nearly l,oo
0,000,000 feet of burning lumber
fell with a or ash and a his3 into
the stream. The falling foot bridge :
carried away a score of lighter ca
bles and guys, which trailed in the
water, rendering it necessary for
the purpose of safety to" stop - all
traffic up and down the river. Tha f
steamer Puritan and other crafts : .
hhad narrow escapes while running
the gauntlet ot the hery brand 3 '
that fell in showers from the burn?-! C
ing bridge. ' r . " '
The fire was the most spectac
ular conflagration that has everbeea '
seen in New York. , .
; Washington. ' Nov. 10. The i
question of the control of the Isle ' '
of Pinea was brought today directly !
tojthe attention of President Roose
velt. A delegation of citizens of the
United States residing on the Isle
of Pines was introduced to the Pres
ide nt by Senator Cullon, Chairmsn ?
of the Senate Committee on foreign
relations. . The President was infor
med that more than half of the is
land is now owned by American
citizens, and that many had made
large investments on the island '
under the belief that the United
States would own.it. As a result
of the turning over of the Isle of
Pines to the Republic of Cuba for
administrative purposes things are
said by the delegation to be in a
chaotic state on the island. There
is not a notary public or a judicial
officer on the island . The delegation '
is informed that the Republic of -Cuba
claims the Isle of Pines and
proposes to establish prisons, penal
colonies and leper hospitals there.
Such a course, if pursued, the del
egation indicated to the President,
would wipe out every dollar inves
ted in the island. - ' :
President Rossevelt . has prom
ised to consider the subject but in- "
cated no line of procedure he was
likely to take. .
President Roosevelt has'8ked
the Secretary of War to make a re
port on the situation reguardin g
the Isle of Pines as it was at the
time of the withdrawal of the Uni
ted States from Cuba, and also on
the Erovernment of that island dur
ing the time the United States was
in control in Cuba.
New York, Nov. 11. A terrible
struggle in which Dr-Hyde, of Bel
levule Hospital, was seriously in
jured, has occurred in an ambulan
ce while the vehicle was being driv
en rapidly through the streetof this
city. The ambulance had picked
up an almost unconscious man at
Union Market and started to tbe
hospital. Dr Hyde, the ambulance
surgeon, was sitting alone near -the
door when the patient suddenly
leaped to his faet ,andwith a scream
fell on the doctor.
The driver, fearing his team
would run away, if he came to the
rescue, headed toward a police sta
tion, lashing his team into a wild
run. ' Arriving there, it required
the combined efforts of four men
to unlose the hold of the madman
upon the unfortunate surgeon. The
latter's injuries were found to be
severe, but not fataL
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