THE OREGON STATESMAN it ruai.isHKii tvtHr hmhuay morninu, Tas, Orsgon Printing and Publishing Company, PROPRIETO US. Offlolal Paper ef the State. TKHMa-l'eryer,:i,00 Six mcnlba.$J,UO. CVF"V"is nbnee are nrietninenin. Legal Tendernotee will hi taken only at their current value. HimiiIIUiii". uuy be m.'ffl by mall at the risk of the pub IHhfff, If iimilftl In 'he presence of a postmaster. SOMETHING TEW!! New Store, New Goods. r. M. coulter Hasjuat opened a largo and well eulcuted naeort uuint uf FAMILY GROCERIES I Which ha will exclianife for cuab and all kinds of COUNTRY PRODUCE, ALL KINDS OF COOPERWARE Kfffit en band and made to order, at abort notice and ut low ratoe. Tbe celbrated Clothes Wringers of Different Kinds. BASKETS, And a good assortment of , Useful Household Articles, Always In atortj and for tale at prices which CANNOT BE BEATEN. ' TO SMOKERS: OF MELKSCHAUil PIPliS, TOUACCO : AND MATCHES, My Stock Cannot be Beaten. Cull and wo me. I will satisfy anybody who wania U buy GOOD AHTICLIOS, Cheap for Cash, Pnst favnrt thunkfully roinombered, and future putrntmtfo ropcttully Bo'licifed. fXCull ut flint door north of Hans' Jewelry Storo, Coiimierc.H. itrect, ShUmii. 4Ut THE LA CREOLE ACADEM Dallas, Folk County, Oregon. Kav. W. 1). NICHOLS, Principal. , Toucher In Primary Department. The Academic Year will be divided into four terraa of eleven weeks nach. First Term will commence October 10, I8fil. Second Term will commonee January 'i, 1W5. Third Term will commence March 1, lUtii. Fourth Term will commence . EXPENSES. Primary, (14 (Ml nor term. Common Knulisu. $i l)u per term. Higher Knirlish. $H (Ml per term. Languagea, extra, 'i lib per term. . No deduction will ho made for abaeuce, except in caaea of protracted sickness. Mr. Nichola cornea among ua highly recommended aa an able and ctllcient teacher. NICHOLAS LRR. GEO. Tl LLOTSON, Executive C'oaimiitee. Pallaa, Sept. 2, 1804. OREGON IRON WORKS. JOHN NATION. a. a. HonoAM. A. O. GIBBS b CO., Mntinfocturcra of 1 ' Steam Engines, Eoilers, AND ALL KINDS OF MILLS; IIoiMinir Machines, Home Powers, Itcupcrs nnd blowers, Quarlz mills, Aiiiuliraiiiiiiiuu; Pans, and SEPARATORS) of the moat approved kind: COOKING RANGES, l'traii's, to. Pattern Making, in all its forms, connected with thia Establishment. . PLANS AND SPECIFICATIONS for Mills and all kinda of machinery furniahed to order, by an porienced druughtaman. a. c omits & CO.. Sncceasora to E. L. Jonea cV Co. Portland, Dee. 5, ItMil. 4 Itf 3D A. S H AWAY WASHING MACHINE. Patxntkd Jin. 12, 1SU4. STAPLETON & MYERS, Salem, are now manufac turing these machines, which, for cheapness, econo my iu uee, ease and thoroughness in washing, are Uniurpateed by any Machine of the kind EVER J'XIEXTEO. They also aril Ynnng'a patent gntta pcacha self-ad-justing Cl.urHKti U Rl.MEU,rtMh Is the best In use, and can easily be attached to their washing ma chine. (iive them a call. Manufactory next door to the Mansion lloue, Salem. May .10, x4. 13tf 040, 1.000 GroonbackM ! GreenlmckH ! friHK liili?ft murkel price will b pnid for all Legal M. lemur nnma ftnereu. Annlv noil tA Salem, Jan. .W, IH6"yl ' I. MrCLLLY. For Sale. i fi nfifi LEGAL Tender Notea, al reusonu eDllJ,, 'WW ble rates. Apply to Salem, Jan. 15, IHKSvl D. MrCCLLY. Kuiniiioii. John Kelly r. John Hull. In the County Court of I'nngiae count v, urogon. mO JOHN II I'LL, aaid defendant: You are horchr J. aummoned and required to be ami appear iu the County Court of Ponglua county, Oregon, at a reg ular term of said court to be begmi awl nel'l at tlie enurt-bonae at Hoecburg, in auid county, on Monduy, the third day of April, A. n. IHtw, and anawor the complaint of the plaintiff on file nirainsl von in the above entitled cause, and yoaare hereby notified that unleaa yoa no no apiieur and anawer said complaint, nlaiutilf will take a indgment against von for the aura of one hundred and ten dollara, with interest at the rate of ten per cent, per annnm from the first day of Mav, A. D. tool, and uis cnets and oisburwmenta In thia action. J. F. WATSON, 1'IIT Au y. Bv order of Hon. Wn. It. Willis, said Judge. Roeebnrg, Feb. 1 1 , 1ST, 5'.'w6 Summons. Forman Spencer, ritff, r. Flora and Joseph Savage ana Alexander Auair. uetia. in tlie circuit lourt of the State of Oreiron for Yamhill eonntv, April tern, Ik. Dill for Partition of Heal Estate and rvttleaienlnf the Title. r 1 1II E above-named defendant. Alesandt-r Ailuir. im hereby summoned, in the name of the Stale of Oregon, to be and appear at and in the eourl above named on or before the first dar of the April term thereof, commencing on the Hr'onrl Monduv nl aairi month for the year l, and anawer the complaint of rvmiHo niwuiTr in nv aunve entitled actum, who anea to obtain partition of the wrt lmlf of donation laud claim No. , Notiliciitinn No. Iitil, being the land beloDKing to the heira of Pliel A. taraae, aitn ate in Yamhil rountv, Orcirmi: and to setila il.. to the same. And if yoa fail to appear or answer. piaiuun win apply to ini conn mr nit, rni tnerein aemanaen. eir.nAKtfcic i.Anmi, Solicitors for Complaiuant. Dy onlcr of Hon. B. P. Uoise. Jndue of tlie Tbird rfauiciai tianrv reo. la, inrki. .uwopo UIIIIIIOIIS. In the Clrenlt Conrt of the Stale of Oreon for Yam hillconnty, April term. lHni. William Merchant, nhintilf, re. Antlrew Merchant et al., defeudalila. l1lt tor ramtiou 01 ncai rotate. rnllE above-named defendant. Alexander Undrew! A Merchant, rs avreby summoned and required, iu the name of the State of Oregon, to be and appear at and in the eoart airave mmed on or before the first day of the April term thereof. xV, and answer the complaint of Willuua Merchant, plaiuiin" in the ahova anlitled action, wlra auea to obuun panitioa f the east nail ol Uie aoaauaa iana eum oi at bert Mer chant, deceased, among the heirs thereof; also, the I . -i acre tract of land bought by said Kobert Merchant of Stephen and Kluahetb Heoochamp ; all sitaale on Nonk Fork of Yamhill river, in Yamhill coaaiy. Or ecoa. And if yea fail to answer, the plainiilf will apply to tne I onn lor tne relief in said complaint de manded. By orJer of Hun, K P Ilnise, Judye of M Judicial Diatrat. STKWAUD A. LAWKLNt K. March 1st, IStuwfei. ' AUornrya for Uunlid. VOL. 15-NO. 4. OREGON STATESMAN BOOK AND JOB PRINTING ESTABLISHMENT. WE linve lately received, DIKKCT FROM NEW Y01IK, per clipper abip Carrier Dove, and bark Alma, a new and beautiful Gordon Job Power Press, The LATEST and MCKT APPltOVED pattern, for the NEAT and UAPID execution of Job Printing, ..ITH AS.. Car3t, Prnitrnmmn, Bill Uentlt, Chrcki, Draft; Wag-Hill; Blankt, lAller-IIead; lUctipt liookt, Billt of Lotting, d'C.,4'C, and can auccesafullv compete, in style and promptueaa, with any orrica North of Sacramento. For the aatufactory execution of BOOK Work, we have an Adams' Improved Power Press, the mot perfect and complelt pre for book printing ever invented, mid in this department we are well anpplied with good material. We have also received an addition to our former slock of VA.HOY TV PH. audi us Scritils, Madiao aim. Texts, &c. and In the line of CIUCULAUS, "At Home," Wedding nnd Visiting Cords, can successfully compete with any office on the coatt. ORNAMENTAL PRINTINC. Our stock of FANCY INKS luta been increancd.Hnd by the addition of a rood hmoiI raent of Plain and UriiumetitPtl Curds, we are prepared to give en tiro Futifuctioi.. Our stuck of Curdit enibracun Silver Bfjrflerettt French Enamrtedj and JCmboaed, Weddhtx and Vnilinr, Illuminated Em boned, and Plain Colored, of many itew and beautiful dctigm. We defy competition in Lite State for neut and tasteful IKCOBATIVE I'KINTINO, nud having been Awarded ttio 1st Premium at tbcStato Fairs of 18(12 nud 1803, wo miikc tM tuaertiou without fcur of succeusf'ul contrndiftiou. PRINTING FOR MINING COMPANIES. With other material, we have procured Eleetrotyped 1'lalcs. Holders. Minimi Culs. Tint Hlocks &.C., and cmii till orders for Cerlillcatea plain or colored lie ceipta and CliecUs, promptly. IJTOrderi for Binding, can be filed by til. Our prices are AS LOW as can be obtained In the Sutle, and we ituaruntee satisfuclion with every order or NO PAY. Orders solicited. FT Specimens of work. Plain and Ornnmcnlal.can be seen ut the olHce. OKKGOX PRIMING & 1TBMSIIIXG CO. Addreaa, Statkshah OIKce, Salem. UrniKlrotli'H VEGETABLE UNIVERSAL FILLS. IT Ih frenernlly known that my nmt.dfHther was the oriifirml inventor of tliene remarkuble pills. He wns ascientitic man. and a ntedicul practitioner of the Old School. But be coming alarmed at the mor tality that attended the Blecilinu- nd Mineral Pruc tice, ho turned bin attention to the study of nature and the philosophy of disease, as also to the natural reme dial agent which be found to exist exclusively in the Vegelitirlc Kingdom. In his reaenrehes and investi gations, he became fully witiH fieri that the life wue in the blood; that by whatever name diseases wero dis tinguished, impurity of the blood wkb the source of all u simple and truthful doctrine, which, in reducing all diseased to a unit, neccwmrily established the fact that all were to be treated on the same general prin ciples, vixi by purgation. . Now the grand diiliculiy consisted in devising a veg etable compound that would invigorate, purify, and cleauso the blood, correct and rcgulnte all the niflbr ent secretions, and by purgation (Uncharge tlie whole mass oi tn onn u matter Horn tne uouy, witiioiu reduc ing the strength. A ft or thirty yeara of cloift applica tion, he eoimidered his object fully nct'oniplitihed in the production ot thette pi fin, whic'li liuve now been before the public One Hundred a ml Fourteen Yurt, and it is now (IKtij) nearly 31 years since Dr. Uran d roth's Vegetable t'uiversal Life Preserving Pills were iiret piRnei.teu to the American puuhc uuring which time their superior excellence and virtues have been extensively proclaimed bv raiterri and pamphlets, and a rapid ycurly increase of tlie tale of thorn el- lucted. To know what will rave life, tn know wlutt will restore healMi. Is u knowledge not to be hidden, I, therefore, as a man desiring to do my duty faithfully, have doited down sme of my thirty live years' expe rience with Hniudreth's Pills, "vhich are an effectual aHfietaut of nature, and cause the expulsion of acri monious Humors the occasion oi every sick nes. irfl ns admit that corrupt hnnior prevent the free circula tion of the blood, that Itrandreth'e Pills tuke out there humors, giving health for pain, and strength for weakness. No mnn is sick save when tlie principle of corrup tion gets the ascendency; llnindreth's Pills aid the Life Principle to regain ('he empire by removing the corrupt humor from the body. Many a time I have seen life apparently ut the last ebb, when these Pills were given, and hi a few Imnn the danger was past, and health's Hood tide gave (he patient renewed life unit vigor. Many are the lathers, mot tiers, sons, and daughters, thus saved. These celebrated Tills are composed wholly of me dicinal herbs, and do not oontain any mercury or othr mineral, being perfectly harmless to the most tender aie or weakest trame; vol sure to search out tne cause of sickness, and restore the health if taken according to the directions. Let no one humme ther are too weak to bear the effect of these Pill, which put no weakness into the frame, but draw weakness ont. A few doses will be get confidence, and then the bean ties of purgation will gradually become unfolded to onr view, which, en forced with lli-andreth Veifetable Universal Pills, is able to cure every disease where 1 he organs are souud, and prvatlv increase the average of human life. I hare now need on mv own person, nnd prepared and administered, ltrnndretb'a Pills for iliirty-tive years. I (relieve they are the best purgative in the oril; ana wnn tins meou-Hi quality they nave also tonic effect. And as I am of the lirm opinion that inflammation and fevers are caused by corrupted blood not being timely evaruated, because it regurgi tate, so to speak, over the whole body, and thus cor rupts the sound Mono mat shoiiia. nourish an tne mem bers, and actually destroys and paralyzes members or organs that are unwound; and as X k'now that these Pills have a direct effect to remove all corrupt blood and acritnonion humors from the body tn fact, all humors below the vital standard or uealtu; so 1 should be guilty of a irreut sin, did I not do all in my power to propatrate the nse of a medicine which is possessed of properties so calculated to save, and increase the average of humnti life. The public servant, BK N.I A MIX BKANDKFTH. It. I). Principal office for Hrandreth' Vegetable Universal Pills, HiiANIUiKTll'H M'lLIUNU, New York. W. V, IIKAttDKKTII Offlc.it CRANE & tiKlUHAM 8, Kan Francisco. For sale by mil respectable dealers in medicines, ly A CARD FOR THE uiuMUii;iv,i!iiiiiv,i;iiie OF FHA.t ISCO. BADGER & LINDENBERGER, J(o. 411, 413 and 415 nattery Street, Cor. Mercaaat, Saa t ranciaco. Importers and Wholesale Dealers. ENTIRE NEW AND FRESH STOCK! TK would call the attention of COUNTRY MER Tf CHANTS to onr usually larKe stock of Goods. Onr stock comprises every article in the Clotliina ami Pumiehina; line. We hare constantly on hand the larvcst stock and irrenteat variety of Cassiinere and Wool HATS of anv house in San Kranjisco, and nor Eeiree for them Goods are lean thau those of any onse, aa we receive them direct front the niannfactn rer'a cnnsinnment. OitraitH-k of Winter and Spriiiu Gooda ia particnlarlr atttartire, and the yreat feature to the Country merchant la the unusually low price Uu Than Iht Cost of Importation ! W'e also keep Ilia STAPLE ARTICLES in the Dry Goods liue, which Gooda we have purchased in thia market under the hammer, and are ohVritif Iheia at New York Curt, and less. We pnhlwh thia card in order that we aiav make new acquaintances, aud iiulore those who hare not heretofore parchaussd of as, to call and examine onr stock. Good Article! and Low Friceil Are the rreat inducements to all who pnrchaa to sell avaia. Merchant, who boy of aa ean make a a-nod proilt. and sell to their customer, at a low figure. We remaia, respect fnllv. Yoar lltn-dtcnt Senranfs. BAlMiKK UNHKNIlKUriKR, Wbolemie Chahinir and Hal Warehouse, Koa. ll, 41.1 aud tli llattrry street. Han Francisco, Jan. 7, ICMo. loit. A Card. DR WARINNFR having returned In hi. farm er Bethel, will rive si net ettrntioa to nil rail in the hue of hi profeeeioa. Bethel, Polk eooiriy, Oregon, Hot. W, lar.l Ivpd fulfill SALEM, lOKKKSrOSDKH'K. Kl'uiwh Citv, March 4, 1RIU. OovmiNnii A. C. Oimis 1'haii Hmi Will ynu please state, whether at the time 1 recently met ymi In Port luud, and went lit company with ymi to Kurt Vnu cniivet, I used any iiitluviice with you to huve Air. ltitf. don, uf this county, or any other frcnlleiniiu of bis company, rejected by the hoard convened at Halcm to examine tncir unless in cnmniann tne iiuantry com- tiany raircd iu this and Douglas countie.-? or if I lave st any other time, in any tnauncr, lined my Infill cma in relercuce to tliece appointinciits, And ir an, in what way? Uesncctlullv, ymir obedient servant. B. J, Penura. Btatk op OREnim, KxKOt'Ttva )bi'Ahtmrnt. I 1'oiiTi.ANn, Murcli 7, Incj. f D. J.PtNtiaA, Ksq Dear Sir: In reply to yours of the 4th iuatiuit, I have to say, that at no tune did ynu try to iutluencujue to have Captain ft. UiKdnn.oratiy uf tlie oltlcera of bin company, rejected by tlie Military Hoard. It would have been of no avail if yon had tried to exert such InHuence, for 1 do not have the np- Iioiiitinent of aucb hoards nor nny control over them, have the honor to be, sir, very rciiiiodfully, your obe dient servant, A.'C, (timts. , . Euukkb Citv, March 4, IMS. "Captaim DHAKitand others, forming the Military Boiird of Kxainltiers recently convened at Snlem Urn ti.kmkn : Will you plense do me the favi f to statu, wlietlier I have at any time, In any manner, directly, or Indirectly endeavored to liiHucnco ynu to reject B. Uigdon as Captain, Mr. May us First Lloutcimnt, nnd J.(l. Phillips na BccimJ Lietucnant, of the mil 1 tit ry company re'iontly raised in Lane and DnHlaa counties? An eurly uuswet' is desired. Respectfully, your obedi ent rervunt, . 11. J. Pkhura. Salem, March 10, 10A. B. J. Pikoha Drah Sir: Your oommiinhiition of the 4lli limt. la received. Ill reply we have the honor to state that you never attempted, directly or Indirectly, tn InHuence the action of tlie Examining Board, in tlie examination of Messrs. Iligdmi, May and Phillips, aa officers of tlie company of infantry recently raised In Lone and Douglas counties. Very respectfully, your obedient eei vanls, John M. Diiakk, (.'apt. 1st Oitn.Cuv., II. CAitrRSTHR. Asst. Kurjr.. lstOiin. Cav., Examining Board. Sai.rm, Unw.cis, llnrch 10, 18G.i. In connection with tlie auUject mutter uf tlie abovo correspondence, the iindeMKiied desire to any to the public. Unit a Ixiaid of nfiieers to cotiHiHt of John M. Drake, lnt Orexon Cavalry, Captain Charles Lulnllet, 1st OiOKon Infantry, and A k:-Want Kiirvcnii Horace Carpenter, 1st Oregon Cavalry, a'ere ordered to as aemljle at rUilcm, Ironi time to time, to examine the olliccrs appointed by tlie Unvemor of Oregon for the 1st llcftimciit Orcjroii Infantry. Theordrrs. emanating from llcaibiinrtera, District of Oregon, directed that two meiuhers of the Board should constittitea quorum, In the accidental absence of a third ; and that tho ex amination should extend tu the loyalty, moral charac ter, physical ability, general information and r.ptitude for the service, of tlie applicant. The Board convened on tlie 1st li of February, 1W15, Captain I.afnllet absent, and proceeded to rxnviine Messi-s. nigdon, May and Phillips, appointed by the Governor, to command tlie company raised in Inne and Douglas counties. The examination of these gen tlemen was satisfactory on all point except Unit of " general information and aptitude for tlie service," In which they were found utterly deficient. They were rejected. The Board In this case, aa In all others of the kind, was subject to no control, or intliieiieeof any character, but the judgment of its mcmliera. their eenseof duty to the service and their conscience. Responsibility in tbh matter rota with the Board alone. Its member baro no desii-o to avoid it; they could not, if thev would, as their action may be made a subject of mili tary investigation at any time, by the authority con vening the Hoard. Joint Drakk, Cnpt. Ogn. Cav., II. Carpkntkr, Asst. Surg., Ogn. Cav., Kxtimiuing Board. FALSE AND EIU0XK018 IXC03IE RKTl UN'S. We have been requested, by tho United States Assessor for thia district, to publish (lie follow ing oouimuiiiontiuii just received from the Tremury Department : Treasury Dept., Office op Inter. Ukv Washinotion, January 1), 805. Compluinta continuo to lie received at thia office that ninny persona liable to income tax fail tn make full returns. Those complaints Imve become o general that I deem it a duty I owe tn tho palilio aerrioo to on.ll the attention of Assessors to theauhjeot, Mint they tuny exert the neocrsnry dilligeuce to remove, if possible, the enrtsf. Any taxpayer who render ant rue return commits n tripplo nfTeiiso: First, ngninat the country he ili'friiuil;'iecondly,ngninst hit neigh lior, wlinin Im injures hy casting upon liitn a larger share of the publio burden than he ought to brnr ; and thirdly, agninst the law, which ia violated both civilly and criminally, and which demands lor the act a doubling oftho debt a a recompense and punishment for the ctiine as a retribution. Erroneous return are due sometimes to ig norance, sometimes to cnrelessucss nnd inad vertence, and sometimes, also, to a deliberate purpose to defraud the Government. When their correctness is suspected, Assistant Asses sors ought not to hesitate to muko the neoessnry inquiries, in order loasacitnin thetrulh. Oth erwise, Iheir duty is not performed. Delicacy under such euirens tunens must ho laid aside, and respect for wealth, influence or social position must yield to the higher obliga tions of oflicial responsibility. Honest men, when properly interrogated, w ill not in general refuse satisfaction tn Government officers, nud the dishonest should unt lie fullered to escape under pretense of sensibilities too nice U endure a disreputable imputation without olfense. A cheerful' sulitu'ssiou to a proceeding which a due execution of tho law requires, is demand ed in time like these equally by patriotism nnd good sense, aud an appeal lo tiioso pos sessed of such qualities will seldom fail to pro duce the desired response. If any errors nre believed to exist, it is not necessary to assume, in the first place, that they have been coni mited willfully ; but. on tho contrary, it may be well to advise the taxpayer tn amend his return, and lo accept it if lie avails himself of the opportunity. If he refuses to do so, Seo tion 1-1 of the late Act authorizes a mode ( f proceeding, which, if vigorously pursued, will eviscerate the truth. Taxpayers who are not cognizant of their resnouaibililiea ought to be iulormed of them, and lliose w ho ore unable to make ont their re turns, out to be kindly assisted by the Assist ant Assessor ; but willful and incorrigible of fenders should be made to recognize the power of the law in Ihe prompt and sure visitation of its penalties. Let Assistant Assessors under stand that it ia their business nnt merely tn take returns, bnt to ascertain whether they are correct, and when they have reason lo believe them incorect, to act as already indicated. When amntrensed assessment is sworn dowa on truly, the ease should be reported to Ihe Assessor, who should, when probable cause appears, in stitute an investigation, and make it searching and thorough. A false return, even though accepted wilhont alteration and tax payed, baa no binding effect oo the tiovernment. When the Iraud ia dis covered, the Assistant Assessor may make the proper increase, aud if the taxpayer shall swear I down tha assessment oo the inoreascd return, he may be proceeded against for the perjury ; or, which is Ihe better way, instead of the in I crease being made, an investigation may be Had under nectian 1 1, the Just amount or duly ascertained, and au hundrrd per cent, added to it hy way of penalty. If an Assistant Assessor is destitute of the needed intelligence or vigor, his place ought to be speedily supplied by one better fitted for it, I and if Ihe number if Assistant Assessor ap pointed it not sufficient to work the district, the l lad should be eoniminicated at once to thia ! ofhoe. i The ipeoial income tax, if fairly assessed ! and collected, will produce more tkao thirty- tve millions of dollars. It depends nu the As sessors and their Assistants mainly wbothir j Ihe expectations of the Department and the I country, on tlie subject, shall he realized or disappointed. ery reepectlully. JoKKrit J. Lewis, Commissioner. I'rrstsinni Holland Oiilt. THIS nn'li desired article ran now be found al I'.KI.l. A II It 1 1 UN H These oai. bare ri-erirrd Ihe lliithesi Prrtniamsti the ilneiron Kirne Kir . , u . ., K IIAKIl.rA-V Pttlrm, Narrh I I. a. OREGON, MONDAY, MARCH 27.' 186i. ME DKLAXKI Ml It I) Kit TRIAL. The trial of George P. lWo and George linker, accused of the murder of Daniel De laner. who wns murdered at his residence on the 9th of January Inst, came on for trial this Stat day of March I8G5, In the Circuit Court of Oregon for Marion county, Hon. R. P. Boise, presiding'. TESTIMONY rOR TIIR STATE. David Delaney, sos) of decerned, sworn and testifies aa follows : . I was silling hy my firo at home, nbout a mile from my father's house. The little boy came to my hnuso on the 10th of January Inst the boy that lived iih father. The buy said that the old man wits killed, nnd "Jack" (this Jack was tho watch dog). Mr. Pate and I started to go to father's. Mr. Pate went to Wni. Delaney's, and I rent to Simmons', for others to go with us. We got George Miller, VYm. Pnto and Wni. Delaney, and went over to father's and found him dead in tho yard. Mr. Simmons followed us soou after. We found the door unrated open, apparently with a stick of firewood laving near; found Ihe house jumbled op; closets broken opou; a demijohn of roulusses burstcd open and run out. Horn witness was shown a diagram of the premises of Mr. Delaney, which he behoved to be cor rect, and explaiued tho same to tliojurv. The front door and the closet doors were hurst open those that could not he easily opened, were chopped open hy au axe ; couple of marks on the outside door, apparently done by an axe; the trunk In the house was chopped open i the closet in which father kept his papers was opened hy the axe ; some " rnmnging," but not much, was found tn bo done up stairs. From the house to the gate was almost thirty or forty feet. I was among the first that ex amined him ; ho was lying on his back ; found him shot In tho breast aud in the head. Found shots had also lodged in the poroh and work bench on the porch. I assisted in removing the clothes of deceased from his body. Father aud Mr. Beulo were acquainted. It was gen erally supposed ia tho community that father had a good deal of money. Mr. lieule has said as much as " ho supposed fnther had a good deal of money "can't say that Jicnlc had ever said he knew father's business. Father kept the dnte of tho month on the slate ; the last date on the slate is in flutter's handwriting, and wus the Uth dny of January. I havo some knowledge of the amount of money found on the premises after hit decense hy ourselves. It was ubout $2-1,000 j most of it was found up stairs, in barrels of corn ; $3,000 was found in tha graiuary. Mr. Keale and Mr. Baker have been acquainted with each other tiino or ten years. Crost examined by Logan for the defense Mutt of the money was found in two barrels of corn, op stairs. Prisoners have been acquainted with each other eight or nine years. One of them worked for my brother, Daniel Delaney t other hands worked for brother at tame time. I knew they were acquainted ; heard them speak of each other. Baker worked for me eight or ten years ago. Here was a good deal of testimony about the wood -home. The wood house it put up against the other house, and is a kind of a shed. Two bedt in the house, back from the firo-plaoo. Some an pearnnce of things having been moved, up stairs ; tlie up stairs all in otio room. 1 he bar rels of corn, three in a room, could be easily seen by any one. Fnther had lived on that farm ever sinco 1845 to my recollection. The children lived there with him most of the time. After Ihe children left there, the negro woman stayed there with him; the negro woman had I ho children ; the little boy Jnuk was otic of negro womiin's children. Mother left about one yenr and a half before the murder; she was helpless and could nut be well taken care ot tnero ; she was tnken toonenl my brother s. Re-examined by Prosecuting Attorney. Father lived there alone for some lime. Mr. lieale went out into lhat vicinity frequently ; frequently seen him out there packing a gun. Father's clothes huve been in my custody since mcy were uiuen irom tnenoayoi the deceased. Here the ololhes were ixhihitcd to the jury, ihe apron and vest showing ilmt holes.) By the Defense. Had Mr. Bealo n "01111111" in the neighborhood I Yes, sir, he had. Mr. Benle frequently carrid a gnn ; ho has hunted some there. Mr. Beale't usual road tn nnd from hit claim, wat through our neighborhood; it would have been out of hit way to pass by father's. William Delaney, ton of deceased, testifiet: I am acquainted with the prisoner ; I huve known Mr. lieale sinco 1843; have kiinno Mr. Baker for some time. Mr. Pat-) camo after me on the 10th of January; said father nas killed. We went and found hither d.-nd iu the yard, and the house broken open. Miller and David Deluncy were along. Here witness took the diagram aud explained the position of alfuirs about the house. The door was hurtled open by a stick of wood about a large as a man could Well lilt ; two marks with poll of Ihe axe over the lock ; dour was lucked by the but tons on the inside, aud had the appearance of having been bursted open while it wat buttoned fust, the butlnni being attached to the casing, and the casing was forced iu. The window were usually closed by father by boards placed 011 the inside, and then fastened in by cross bars. Father usually kept a knifo and pistol hy him, and also an axe on the inside of the house fur defense. It was generally supposed iu the neighborhood that father bad a good deal of money. The trunk was opened by an axe, and everything appeared to have been jerked out "helter-skelter." We found some three or four empty purses lying arouud that father usu ally kept money in. We found an old-fashioned inkstand, with a paper in it giving an account of Ihe amounts and locution of his money. Hit general custom wat never to go out or doors after dark. Defense here objected to proving outturns of deceased. Witness tart that de ceased always dnoo up bit business tn lime to close up bit house before dutk. I don't know mat lie wat nlraid to tUty there, but ha wat afraid tn be caught out after dark ; be thought 11 ue got bimtell shut up in Ihe bouse, no one could hurt him ; that wat hit idea about it. The body was tfroin thirty In forty feet from the gate ; head towards the house. Itaker and Beale were acquainted with each other. We crossed the plains with Beale In 184:). Beale thought lather brooght niouey icrose the plains, About two weeks lie (or the murder, lieale went out and bought a keg of butter of father. I expect Beale was at intimately acquainted with lather's affairs, at any of bit own sons. Beale and I bare talked about father's money, we concluded that father must have about gjO.OUO. -1 don't think Baker knew the boy Dceie uiu. We examined for Irackt at the lime of find ing lamer; iookso around and looud tome tracks, but never fairly ttruck Ihe track until Mr. lleatlriuk (the Sheriff) onm. Here nit- nest took Ihe diagram and explained to the jury bow the tracks led of! from the bouse in a circuitous direction, over a rocky point, keep ii t on tbe rocks as much at pnatiblc ; went en about a quarter of a mile, to where a burse had been lied. I J lie Horse waa hitched to a white oak, in a bunch of lira. T he horse wat about a quarter of a mile from the home, but the route the murderers took to reach the house wat much further. Father's boose i about eight miles Iron here. After Ihe trackf reached the house, their general course wat toward Ha Inn. The tracks wound backwards aud fur wards, in a ng zag manner, follow inr fern ridgei and bushy placet, so aa lo avoid being IraueJ. From the appearaocea, I thoald think the hone had stood there au hour or t ; he was iu au out-uf the -way place, and would uot hate been noticed by a paeeer by 111 day-light, un h at lliu burse had made a uoiae. There was alee the ap,raiio that some one bad been I here, aiu Die bursal. I lie re, ami stood fur a while before leaving with Cruet examined. I am the administrator ol my l.iihet cslaie. 1 think tbele wat I no axet In the house. Mr. Beale and I have talked about father's money a hundred limes. I hnve talked with other people about it. Mr. Beale settled out there in 1851. Mr. Bealo and father wero well acquainted 1 we were all friendly with Mr. Beale; Mr. Beale purchased vegetables frequently of father; Mr. Beale could go '0 father's nt easy at I could. I ex pert I told Mr. Bealo that ho could get butter at father's. As I came to town onoe. I met Beule going not with a horse and wagon t he inquired of me to know the best way to get into fnllierV Ro-examincd by Prosecuting Attorney.-' The boy showed us how ho 01 uld look the door and fasten it by the bullous : and done it very readily. They kpt a dog there that belonged to me; ho wat tied to the work-bench on the porch, to at to allow him to past tbe door. I saw thudog on the 11th day; he wat nearly to my brother'! house : had been shot, aud could just get up when down. There wat allot holes also through the boy's clothes. IJ111110I Delaney, sworn. Is a ton of the murdered man. Knew that Bealo and Baker were acquainted. Baker worked at my place one winter, and Beule boarded there at tho tame time. , It lint been my father's custom to fasten up the donrt and windows at dark ; kept arms fur his defense ft thot-gnn, It wat supposed in the community that father had a good deal of money. Benlu was intimate with father. 1 left in March 18ti4 ; tho boy Jack came back after I left. An argument wat raised in the house as to whether Jack oould fasten the up per button, and thereupon Jack went and locked the door and fastened both the lower and upper button. I knew of lather keeping mouey iu the closets. Cross-examined. Mr. Bealo wnt intimate with father and ourselves. Mr. linker worked for me one winter, and Beale came and wout during the winter, and was nnt more intimate with liuker than men would naturally be. I have talked with 0 her 11 en nbout futher's money ; always .waived the matter when spoken to by any one ; do not think that Beale tallied about it moro than others. . Mr. Smith, sworn. Was noting Coroner in mnkitig Hie, inquest over the dead body of Dan iel Definey, deceased. Went ont on Ihe 1 Ol l of January, found Mr. Delnuey dead, lying near tho corner of the hotisa. I Hero witness look the diagram nnd explained the position of nuairt.j examined the body, t imid it straight, tuok oil' the clothes, found him shot with buck shut and smaller shot a great many shot the shot was uot u center shot, most of the ohargo taking effect 011 tho iusido of tho arm, tome striking in the breast; also a shot in Ihe head, done apparently hya pistol bull, striking in the hack of the head. Mr. Smith described the door-fastenings, as related by Ihe Messrs. De laneys. The bouse wot " rumnged ovur. chninher nud closet doors being bursted open, Sco. I noticed shots about tho porch and wood hotiso. Some of the buck-shot passed ill rough the weather-boarding. 1 heard, on Friday even ing after tho murder. Mr. Crust and I stood in front of Strang's tin shop, iu Salem, talking; soon 1 saw Mr. Bealo in Iront of us. Beale inquired if Cross had purchased Delaney't inrin, and also it they had Ion ml any of De hincy'i money. Some one snid they did not think Delnney had much, lieulv replied he Knew nutter, llutl he could ooiint up nver $50,. 000 that he knew Delaney lo have. I replied " George, yon know a good deal of Delaney's uusiuesa." 1 et, says he, " 1 know moro about it than Delaney't own hoys." Beale also re marked that he believed that it was the "nig. gert " around here. I replied, " white nigurers, George." He alto said that " there was get ting 10 oe too many a a mggert around hero. anyhow." Boulo nlan said that he had a U. 8. I rensury warrant for tome $000, of Delaney't. in hit possession for aoinc time, to evil for Mr, Delaney ; did not sell it, nnd then returned il, On cross-examination, said that he belieretl the little negro Jack was possessed of us much sense as children, ordinarily. Dr. Swigifet, sworn. I was called by the Coroner to uesist in making an examination of uie ueau liody ol Uauiul Delaney, deceased. rounu mm nt ueiiire detortucd, with arms drawn up; had received three shots, one in the lelt side by shot-gun ; think thi shot entered tho pericardium, (lining membrane of the heart). Was also shot iu the head hy a pistol ball. Described it in sureical Inneuaire. &0.1 Think that Ihe shot in the tide, or that in Ihe bend, either would have been sufficient to pro duce denth. The shot in the tide, if it entered the pericardium, would have killed him in fif teen minutes. The Doctor, at the end of hit examination, gave nolice that be bad not been summoned " In attend. J Wiliam Taylor, sworn. I vrn not nemtinted with Baker; wat with lieale : lieale was nt mv house on Ihe 81I1 of Jnn. lost, seven or eight miles irotn neroj drought some hornet out there un Sunday in the afternoon ; he staid all night ; slept with me; had a knifo and pistol wiih him; aiuiu wiin me 1111 Monuuy morning ; tent my team to low n I lint day. iieule was iu the habit of coming lo my home ; whan he left my house he slatted toward town; Whitsel lives two mile and a half from my house, not on tbe road lo lown; Mill crock bridge it on the road from my house lo Delaney't ; Whilael't it on the couite toward Delaney't. I hnro heard licaie speak ol Delaney't moving ; Ileal said that he had been packing applet for Delaney in a very narrow room ; raid there wat two nail kegs in the room: no nails In I hem: struck the kegs with a hammer, they were very soiioj anu ne neneved there was money In them. 1 uis wat toout lour yean ago. Crost examined When I taw Beale last he Wat traveling toward Salem about one hundred yardt from Ihe house ; I think Bealo had two coatt on, the outside Cimt had been dark, but was faded out tome. Re-examined. I think Beale't pittol wat a small sized one ; I remarked tn him why have you that pistol here on Sunday I he replied that that pistol had saved him in teyeral fusses. The hoy Jack a niullutto was culle J. De fense objected to his testifying, on the ground that negroes could not, under the law, testify in a criminal trial where awhile man was on trial. Objection overruled. Jack it about teven or eight yean of age. To try bit intelligence, he wat asked if he knew what a lie wat, if a chair wat called a hat if that would he a lie t An swer, " yon bet it would ; asked what kind of a place bell is I Anawer, a place where moat of people go ; asked if it wns wrong to lie ? aaid It waa; said he did not understand whnl it wat to be twnrn ; did not understand what it wat lo be a witness, and other questions. Logan made a speech against admitting the boy to testify, arguing that the boy had not sufficient intelligence to lake the oath. Mallory sioke in favor of admitting bim. The Judge sustained the object ion in a very able opinion on the point raised, and rejected the boy a a witness. J. II. Whitsel, sworn. I live about seven miles frntn here. I think I know Bealo ; taw bim on Ihe morning of Ihe llth of Jan.) he iu qnired of me the way to Mill creek bridge; I uireoled him lo the bridge ; it wat not Iht one on the direct course Id Delaney't ; our house is on the course from Taylor' to Delaney't. Beale had on a duik ooat and hat. Cross examined. I directed bim to the lower bridge ; it w on tbe road to Kalein 1 be started toward the bridge; he wat afoot) had no inn. lieale had a blaok velvet watch guard on, I no ticed it sufficient In call my attention to il. I am not acquainted with lieale. In going from oar house in Delaney's, the upper bridge it on lb direct route. Ite-exannneJ There I no pnrticilatly di rect road from onr house In Delaney't; man on f'st eiaild g by the lower bridge. -eroe-exinined. 'I he nolle hy (lie lower bridge is both brushy aud billy, there 11 also a nig tiougn 10 cros in gn,g ,j uis ,,wfr nnuge. 1 ne grouna ny luo upper bridge It open. Nicholas Hhrnm, sworn. -Am acquainted with WHOLE NO 732. both the prisoners ; I saw Beale at Taylor's on Ihe 8th ef January; asked him when hu wat go ing back to town ; snid lie did not know when, or how 1 taw Baker next day, tho Uth. ho wat going up Mill creek t I was coining to tnwn ; Baker had a double barreled shot gun with him, and was riding on a dark bay horse; my brother had some conversation with him I when about sixty yards off heard my brother aay to Baker that " there is some ducks over there ;' unxer was uliont as far from nir brother at I vrat. but paid no attention to the ducks; met Mr. Lewis soon after 1 Lewis went on up tbe road. Peter Bilyeu. twern. I amacqnainted with the prisoners , I was at Rente's saloon on the l)lh of January until 9 o'olnvk in the evening ; Beale never staid late in his saloon ; Beale waa not at his saloon thai evening. At nine I nut ent the lights, locked op and took the key to Mr. Adkius who wat in llaker a home a few doors distant; found him there with a Mr. Hoxio and a couple nf half-breed cirLs ; I know of Baker having a dark bay horse ; never heard lieale talk ol Delaney's money. ,' 1 Cross examined. -It was not Beale't custom to stay lata in hit saloon. I think Adkint left the saloon about teven o'clock that evening leaving me in charge. - . A. II. Dny, sworn. I know Beale by sight ; I don't know Baker; I left Salem about nine o'clock at night on the evening of the Oth uf January ; 1 went out of tmvu witu Mr. Reotor. Out 0110 mile and a half from tnwn by a sohool house met two men, one on horseback the other over in, Ihe field afoot t. remarked to Hector that it was strange to find two men out that way at night ; their faoes looked dark ; the mas on the horse had the rim of the hat pulled down over his face ; I said, gaud evening to him, but he made no reply ; was riding a dark horse. Cross examined. Xbout a mile and a half from town when we met them ; clothing looked dark ; couldn't tell exaatly ; bat rim turned down ; the moon was about three hours high ; '"oW I I supposed the faoe wat made dark on account of tho bat rim being turned down. Enoch Reotor, sworn. Am not acquainted with the prisoners ; have seen Beale ; on the evening of the Oth of Jan, wat on drill nt the armory in Salem ; went out witli Mr. Dny ; live seven milus from town. Mada the tame statement with regard to meeting the men at Mr, Day did. Martin Chatnberlin, sworn. I am nnt ac quainted with tho prisoners! I livu four miles Irom town, the other side of Pringle't sohool housu; attended drill hi towu 011 thu evening of the Oth of January ; went out of town sunn al ter Day and liector; saw a mau and horse in the corner of tho fence near Mr. . Davidson '1; the man hud on a light oolored oont ; hit faoe wus turned from tne ; I rode pntt iu a walk ; the man wat about thirty feet from me. Crota examined. Oould not distinguish whether the man holding the horse was nu Iu dian or a white mnn. - Mr. Eliza Yocum, sworn. I am acquainted wilh Beale, but am uot with baker. 1 reside in par) of the same house that Boale lived in on tlie Oth of Inst January ; I heard tome nne come into Beale't room about ten or eleven o'clock at uight ; beard him say that ho had gut lost in coming borne 1 said thoro wat mud in hit eyes yet 1 be inquired for something to ent ; he went out and trashed, and came back and inquired for the key of the saloon ; weut out again and atnid half an hour ; heard him ask for bread and butter. The partition be tween the rooms it thin ; I am satisfied in my own my mind that it wat Reule'i voice ; have heard him talk iu there before. Robert Baker, swum. On the Oth of January lust I was at D. W, Jones' shop In Salem ; be tween nine and eleven at ulglit heard some one washing ; Mr. Pleasnutt wns sleeping with tne ; he got up tn too if the person was washing iu tho rain barrel; heard Pleasanta ask, " It that ynu, (ienrge ;" beard replied. " It is," aud also " are you soared ;" when Pleasants returned he snid it wat Beale. Cross examined. Said that he did not know thut.the person washing was Beale ; did not know Beale't vi he. , D. W. Jones' twnrn. I havo a shop on Com mercial street, in Salem ; know Beule ; know Baker w lieu I see him ; went inio my plaoe on the night of Dili of Jan. about eleven o'clock linker nnd 1'leasanls wero sleeping there; know of BeAlu doing seme painting last sum mer ; had black clothes on ; beard Beat talk nf the Delaney murder in my shop; heard him say that Delaney had been very suspicious of persons ; bad suspected him ; never heard Beale speak of Delaney before the murder ! Beale said money was getting precious when lliey killed men for it. Cross examined. I did nnt think there w at anything moro peculiar iu what Beale said, or iu the manner of his saying it, than what other people snid, J. C. Brown, tworn .1 am acquainted with ik-alc; have teen Baker; I went to llrule't house on the evening of the Dili of January Inst, between seven and eight o'clock ; Bealo wat not there then ; Mrs. Bealo and her mother were there. J. W. Shruin, tworu. I am acquainted with Baker; I wat nt boine on tho Oth of Jauuary last ; ttnrted to town with my brother ; met Baker on horseback with a tbot gun ; tpoke to him ; asked him which way be was goiug. Hu said ho wat out ducking, but couldn't ihont olf hit horse, Hit horse w t a bay horse, shod before ; lipi turned up in front uf hit shoes ; saw the horse afterwards here al the preliminary examination ; examined the horso aud found him thod in the same way, and believe him lo he the same horse. After Raker bad passed about seventy fire yards, I oalled lo him three timet that there wat tome duckt off lo the left in a in nle; he pasted on and paid no attention ; I think that Baker could havo beard me ; I called loud enough to be heard ; it wn on the road leading op to Rector's bridge ; met Mr. Lewis toon after ; 1 think Lewis was not two hundred yards behind liuker ; I think Lewis oould have seen ut while I wat talking with Baker, but I did not know him while I wat talking to Baker. Cross examined. I live at Ihe bouse with my brother! my brother livee t hero also; the wind wat blowing when 1 called lo linker about Ihe duckt ; don't know that Baker heard me. W. M. Sniidfurd. sworn. I am partially ac quainted with the piitonrrs ; I was on Ihe street on the Oth day of January last; taw Baker with a horse; hailed htm; found mat 11 wnt not the horse that I (lad lost. He bad a shot gun with him; think be had a black bat on ; I have seen Ihe horse sinco at Dur bin's stable; recognized the horse as the same horse Baker rode on the lull nf January ; it w between II and S o'clock on the Oth when I saw Baker. Reuben Lew it. sworn. I am acquainted with Deals ; know Baker whoti I see him; I went up Mill creek rond on Ihe Dili of January Inst ; there was a man ahead rilling a dark bay horse; had a gun; was a hundred and filty yardt or so ahead ; went a head all the way ; crossed at the old bridge on lowardt the " llerron hill ;" kept about the inn e distnuce ahead of me all the lime, no mutter whether I went last or slow ; don't know that he did it on purpose ; In going Irom hern Iu Delaney a house, 1 don t think you would have to croet Battle creek." In going from the upper crossing to Delaney't the country it lull of swales, and there is much water at this teatnu. Iu going from the lower crossing lo Delaney's there is also some wide swales, a Iro some pnlchrsol brush Ihe " ller ron hill" is Tory densely covered wilh fir aud other brush. Cros 1 examined In goiug f'oiu Hector's bridge to Daim I Cluik's there is two pretty wide sloughs ; wiiun area quarter of a mile wide; I crossed one of llieiu a year tgu tint winter alien tho waler was so deep at In take) a horse down ttrenin ; the water was high then ; the road that the man on horseback Wat trav eling, leadt up lo the Kautiam, patting one mil and a lit If lo the right of Delaney't; the nearest way, I shouhljudge, lo go lo Delaney't, JOU FltlMnu Of UTary.lgtcrlpUftn WKATfiY ind PROMPTLY exKnted RATES OP ADVPRTIHIMO: Uffiil nJvertliejmmiti, fS 00 ptr squkrt, flnt iDUrtlom 1 ,00 eaoh iariipqunt Intcrtlon. Ifrjatnl fttiH All trAtitlent advrtLiemtntnaftbtprepild te Inmre Inicrtlon. Al.mlnltlAtofll, notlofi, nnd all adTrtlwmenU rUtlm t thu riUte of fttprcsm-it Person, mint b prepaid , unltffi r. darM imhhflhnt by the count Judge, and ftuartnleed tobe- Pm of mm. r AiWtirtUhiK bll U not paid wtthln one yt r from the time when oontrncM, will be Inorenied twenty -Art percent, ttefc yenr pirmmli nirle.ttri therenftcr. i would have been to go by Daniel Clark's. . ; Re-examined. I should tuppose that it. was two and half milvs from whore I saw the roan last to Delaney't in a straight line. There it a foot-bridge aorosa Mill oreelc near " Hor ron's" between Rector's bridge and the upper, bridge, and the last time I taw Baker he was, half a mile below this ford. , W. S. Barker, sworn. I reside In Saltm ; am, acquainted with the prisoners ; I saw Baker, with a horso bitched in the yard ; my ibop' is in the lamo block with Baker's residence t, did not lee him leave 1 I wat in Beale'i saloon, on Tuesday ; Beat laid he had been at Swartx'a mill to see about tome lumber, and it got to b night before be left, and bad lost his way com-, ing home ; Beale wat blacking his boots about 9 o'oluck in the morning ; never heard Ileal say anything about Delaney't money. Crost examined. 1 omk he laid he Dad Deea at tho mill, and night oomo on, and he ha4 difficulty in getting out. ,, 11. w, Sheldon, sworn. t mow tne prison ers ; I live where Baker did ; 1 had a conver sation with Baker on the day after Delaney was killed, I asked bim where be went tbe day before ; I think he said he weut ever the rivet alter oats fur hit hone ; nevsr beard Baker talk of Delaney, , ; Cross examined. Conversation with Baker. occurred by asking Baker " Did yon go a hunt, ing yesterday !" Ho laid no, " I wont over the river after oati." ... , T. B. Riukcy. tworn. Am acquainted with Beale t taw bim ou tbe 8th January last ; be had on dark clothes and dark hat ; he waa on) horsebaok H wae something unatual to tee Beale on horseback ; law him riding along the treat with another man ; have teen Beale fro, queutly about the itroet; he usually wars a light colored hat ; nuver beard Bealo talk of Delaney't affairs. . . Cross examined. 1 thought there was tome- ting unusual about Beale. on that day, arising from tho fact that he was on horsebaok. J. C. Atkins, called. I have been stopping at Beale'i taloon, in Salem, for the but tit mouths.. Know both Beale aud Baker. Beale was not at hit saloon on the Oth of January last. Beale went to Mr. Taylor's so he taid. I left the taloon about 7 o'clock in the ovenine. leaving Mr. Bilyen iu charge) walked around awhile, and then went into linker 1 uoute. While there, Baker came borne about eleven o'clock at night ; came into the kitchen, in the back of the house, and let his gun down. IIi fuco was dirty 1 be tbeu went out aud stayed about ten minutes, when he came iuto the kitchen again. Baker came into the sitting room once 1 didn't stay long, aDd then went oat. Went hack tu Beale'i between 1 1 aud 2 o'clock at uight. Beale waa there tbe uext morning. I. R. Moorei, called. I am acquainted witb the defendant!. I ussisted in arresting Mr. Baker; Buker wat arretted down towu. , Ia going to the jail. Baker inquired three times what he wat at rested for. I told bim, on the third inquiry, that be waa arretted for the mur der of Mi. Delaney t layt be, " il that all, thought, may be, that there bad been tome tenhug done aronnd town." Said he could eatily prove himself olear of that ; laid be could Krove where be waa at on that day ; that bs ad been out buying cattle) bad been all around 1 didu't know very well where people lived, but that he remembered of being at Mr. Moisan'i, on French Prairie. I beard Mr. Beale talking In tha ilore on Wednesday evening. Mr. Beale expressed hit opinion freely en tb tubjeot; laid there oould have been no purpose in killing, the little boy Jack, ai he wus uot able to testify ; was too young, and not very imart, anyhow. I notioed Beale'i conversation particularly, more than the rest. Beale laid Delaney was very luspl uious ; wat alwayi armed ; could not have betn. cot out of bit house exoeot by one of his son. or some one in whom be had confidence tbat he believed Delaney a money wni not buried, but that it was fattened iu the boute to that it would take a carpenter a long time to get at it. lieale wat listened to with great attention. Beale said he was at well acquainted with De- laney't business at any of hii sons. Found, Iu examining the premises, llaker 1 two gum, a ihot-poooh, buck-shot, small shot, and two plirof shoei in the wood-houso. Search was made on Saturday afternoon ! mud on tlie shoe wat dry ; found the old-fashioned blank malchei on the premitet. . ., ., . Crost examined. Air. liaker uai been en gaged in the butchering butinees. . ,,; u I had my lutptcioui aroused when I beard Beale talk in the itor t listened to learn to facts, nnt to find evidenoe. Beale said tbat Delaney wai a very strong man ; was not 79 hut only 02 yean old. ' - ,. Reexamined. A double-barreled thet-gun was shown Mr. Moorei. It reiemblei the one I raw at Bitker't ; 10 does alto the tuot-pouob ; couldn't tay that they were the tame. Croat examined. Baker did out seem to bs excited by the arrest until ho learned that Beale wns arrested with him. Jeuu Anderson. I am acquaiuted wilb Ba ker ; taw Baker leave towu between 9 and 10 o'cliH.k on the Oth of January t live at Baker's home. Baker bad on a pair of boots which the legs had been ont off of; returned that night between 1 1 and 12 o'clock Baker did not tay where be was goiug when he left) when he came back, he cam in at the back door ; cam jn a hurry and set bit gun down and went out again. Tbe next day I notioed that bo bad on a uew pair of shoos. Tb day Baker was arrested, he gave his wife $20, which it all lb money 1 taw him havo. When he went away he took a double-barreled shot-gun brought ihe same kind of a gun back again 1 that gun (pointing to thu gun tn oourt) looks like tb one ; couldn't say positively as tbtre are man gunt alike, 1 have seen Baker give bis wife money before, several timet, but uot to much at $20. Croat examined. Bakar teemed to bs in toxicated when he cams in; I did uotte bis face ) woro thcae old boots often about Uis house. Marion Taylor, cnllod. I know Mr. Bals. I live between 7 and 8 milet from lown. UeaJa wai at father'! boat on the 8th of January last ; had torn conversation on tbat night. Ileal taid he would rather walk to town than ride 1 offered lo bet my brother half a dollar he would beat 01 Into lown. 1 cam in wilb fath er'! team ; weut to Beale't taloou aud to bis house, when I got tn tnwn ; did tot find Beats there ; went back home on the direot rotad ; didu't see any thing of Beale. Il was foggy on the Oth of January, aud sold aud muddy. Sumner Hauxhurst. oalled. I am acquaint ed wilh Beale and liuker. 1 went lo Baker's house on the evening of Ihe Oth ef January. U iker cauie in between 10 aud 11 o'clock at night. Baker cam in and put bis gun dowa, and then went out. Couldn't say tbat hit face waa black ; it waa a little dirty. I don't think be wat in the habit uf wishing bit faoe Very clean. Baker went out and washed hiuslf 1 cmue iu and got hi tapper. I rode Baker's hone down to Freuoli i'rairi 11 was a dark hay horse 1 Bill Barker look tb horse from roe; il stood iu E. 0. Smith's stable saw Baker havo tha horse in the back yard, and rid off ou him 1 it wat 111 saras hors that lb Sheriff took (row ut. . Crust-examined. Baker wat drunk when b uaui bom al night ; staggered sain. I was boarding at Baker's. Baker came in at lbs back dour, wbtn coming fsoui the butcher thop or liable. I did not take cars of the horse. Baker bad been engaged in Ih butchering business. 1 have tceu liaker witb Real, not often. E. O. Smith, called. I am aoqutiutcd witb both Ihe prisoners, llaker kept bit bora w hers I keep uime, 111 the ilabk baok of " Dan's " butcher shop. linker bora waa uot iu lb liable at 7 or 8 o'clock in Ik eveuiiig of Ih Oth of Jauuary but, as I wat at the stable aud kuuw ; 1 know Baker's hurts well. George W. Taylor, iworu. I wat acquaint ed wilh the deceased, Daniel Delaney; he lived BOOK