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