10
THE "MORNING OREG ONI AN, . MONDAY, JULY 28, 1902. "
SOLAR PLEXUS BLOW
That Was What Killed Frank
Carlson.
SOUND WHEN HE WENT IN FIGHT
Coroner Jury Finds the Cansa f
His Death, but Takes No Heipotu
nlbillty fis Rcsrards Fix
ing: Blame.
That FranK Carlson -was ldlled Satur
day night by a blow In the region of the
solar plexus, struck by George W. Bald
win In the fight -which occurred at Twenty-fourth
and Nicolai streets, was the
Verdict of the Coroner's Jury Inquiring
Into the case last night. Nobody was
censured. The new facts in the evidence
were that up to the time of engaging In
the fight Carlson wa6 In good health;
that he and "William Baldwin, father of
the prisoner, each bet $1 on the result of
the fight; that Carlson's nose was bro
ken, and that several men, one of them
named "Seventy" Baldwin, uncle of the
prisoner, struck Carlson while the latter
and tho prisoner were clinched. One Im
portant bit of evidence was that young
.Baldwin butted Carlson with his head
and struck him a severe blow In the top
of the stomach, where the solar plexus Is
located. It will be remembered that this
la the same kind of a blow whlch laid
out Corbett when he fought Fitzslmmons.
District Attorney Chamberlain and his
deputy, John Manning, were present at
the inquest, and cross-examined the wit
nesses. No charge has as yet been filed
against Baldwin by the District Attor
ney, who will carefully review the evi
dence before he will decide what steps
to take in the matter.
Justice of the Peace Held acted as Cor
oner In the place of Coroner Finley, who
Is at present absent from the city. Dr.
O. B. Blnswanger testified that he had
performed an autopsy on the b'ody of
Frank Carlson, and that tho latter died
as the result of a blow in the solar
plexus. "After a careful examination I
am satisfied that Carlson did not suffer
from heart trouble," went on the wit
ness. "I found his other organs to be in
normal condition. Up to the time of the
fight ho must -have been in good physical
condition, and he was well developed."
Carlson's Father Testifies.
"I am the father of the young man who
is dead," testified Jonas Carlson, of Mont
avilla. "Frank Carlson was born in Port
land, and was 19 years, 4 months and 6
day3 old when ho died. I had not seen
him for two weeks before his death, as
he did not live at home with me. He
boarded with John Baldwin, Twenty
fourth and Nicolai streets, a brother of
the man who fought with him."
"Were you present at the fight?" asked
Mr. Chamberlain.
"No, sir."
"Were any of your- sons?"
"Four of them, I'm told."
Ford Hamilton, 921 Savler street, testi
fied that he knew both Baldwin and Carl
son, and that he knew .the latter for
years. "I was present at the fight, and
saw about 75 persons there, old and young
men, and Jittle boys," went on Hamilton.
"I first learned about the fight Friday
night, when "William Baldwin, father of
the prisoner, stood around Twenty-fourth
and Savier streets talking about it. The
father said that George Baldwin would
be there, and Carlson said: 'I'll be there
too.' "
"What other persons were present at
this conversation?" asked Mr. Chamber
lain. "Ernest Spitzner, Alfred and Oliver
Carlson, and a few others. It was agreed
that the boys would fight Saturday night,
but I did not hear the place. Baldwin's
father again said: 'I'll have George there
When Saturday night came I did not
think that the boys knew where they
were to fight I mean they did not seem
to have a place staked out The other
boys followed them. They thought the
place on Nicolai street near the fuel-yard
was the best place and one of them eald:
We'll fight it out here.' Carlson said:
'Yes, and when the fight is over, we'll be
as good friends as we ever were.' ' Bald
win said: 'Sure.' "
"What was the reason of tho boys fight
ing, anyway?" demanded Mr. Manning.
"I do not know from my own personal
knowledge, but I heard It was all about
two girls. Carlson met tho girls as they
were going down town. Baldwin met
him and when he saw the girls he said
to Carlson: 'You have a nerve, interfer
ing with my affairs.' At the fight there
was no timekeeper or referee, at first, but
William Baldwin acted as a sort of
referee after the start. He gave orders.
His son and Carlson were in too much of
a hurry to fight, to arrange about pre
liminaries. The boys did not fight by
rounds, but they stopped soveral times to
get their breath. In the clinch they
would break away, take a rest, and then
go at it again. At the start someone
said that the fight was to be a rough-and-tumble
one. William Baldwin pulled
Carlson off his son more than once. The
crowd gave lots of advice, and I heard
cries of: 'Slug him. Shorty' (Baldwin). I
saw Carlson when he fell but I did not
hear him say anything."
"Did nobody try to stop the flght7"
asked Mr. Chamberlain.
"When the boys stopped to get their
wind, some people In the crowd yelled to
them to stop fighting, but nearly every
body told the boys to go on with the
fight."
"Why were you there?"
. "To see the fight."
. "Which side were you on?"
"The Carlson side. When both of their
noses were bleeding, I called out to Carl
son that ho had better stop as ho was
getting the worst of it," In reply to a
question from Lawyer A. W. Wolf, who
represents Baldwin, with Attorney Henry
33. McGinn, the witness stated that before
the fight, both young men were searched,
one by Ed Carlson, and the other by
Harry Fuller. Keys and penknives were
taken from both of them.
"Were there any women present at the
fight?" was also asked.
"I did not see any," was the reply.
First Hint of Trouble.
Charles W. Carlson, Twenty-fourth and
Nicolai streets, brother of the young man
who was killed, testified that the first hint
that his brother had troublo in the affair
came to him last Monday morning, -when
Frank Carlson appeared with his face cut
and bleeding. "Frank said he had had
trouble, and could not eat, as he was
afraid his Jaw was broken," continued tho
witness. "I talked to him privately, and
he told me that ho had met two girls and
Sat Baldwin hit him on the Jaw and
eked him in the face. My brother ar
ranged to fight last Saturday. I advised
him not to fight but ho said: T can lick
Baldwin." At the fight, George Baldwin
butted my brother on tho breast with his
head. Harry Fuller took hold of me to
prevent me from going to my brother,
who was knocked down several times.
William Baldwin said that nobody was to
Interfere. 'Seventy Baldwin, uncle of the
prisoner, hit my brother, when tho latter
was separated In clinching with young
Baldwin. On the day before the fight
(started, my brother told me he beard that
someone offered to bet $50 that Baldwin
would win in tho fight. I do not know
If tho money was taken. Baldwin struck
my brother In the stomach, and I could
not get near my brother when he fell be
cause of the crowd. The Baldwin crowd
left when tho fight was over. George
Baldwin said: "Well, boys, did I not lick J
him falrlyr Nearly all the crowd soia,
'Yes.' I swear that William Baldwin in
terfered in the fight from the first to the
last, and that he interfered only when he
found that his son was getting the worst
of it. The boys must have fought for
about one-half hour. My brother had
some supporters, but there must have
,been one-third more In the Baldwin crowd
than in ours." ,
"Witness for Baldwin.
The chief witness for the Baldwin crowd
was William Baldwin, 36S North Twenty
sixth street, father of the prisoner. He
talked at a very rapid rate, was indis
tinct, and was cautioned by the acting
Coroner. "Frank Carlson boarded at my
brother's house and I knew the boy for
about a year," began the witness. "I
never knew that my boy and Carlson had
trouble until last Tuesday, when I saw
that my boy's head was cut, and he told
me he had trouble with Frank Carlson.
My .son did not live at home, hn lived
with my brother. I did not talk with
him until last Friday night when I told
him that about 15 young fellows had
spoken about the fight at Twenty-fourth
and Savler streets. Carlson was present,
and when someone said: 'Where's
Shorty? Carlson said: 'I can do him.' I
told him that I would bet $5 or $10 that
he could not, and he pulled out one dollar,
and I did the same, leaving my money
with Moco Carlson. But all the same I
told the boys that they should not fight.
Saturday night I went down to my broth
er's house and tried to have the fight
called off. Three of the Carlson boys
wero there, Edward, Alfred and Oliver;
but ono of them 6ald that Frank Carl
son wished to have satisfaction."
"I did not," broke in one of the Carl
son boys. He was cautioned that no in
terruptions would be allowed.
"Tho boys had a rough-and-tumble
fight," proceeded William Baldwin. "I
went to separate them, and I was pushed
over them, and my boy said that he had
got enough. But I was not ablo to stop
the fight, and I made a rule that tho first
fellow that was knocked down would be
considered beaten, but this did not work,
and the boys weiit at each other again
and again. No time was called. I saw
that the boys were determined to fight,
and that they might as well have It out
where they were as not,"
"Why did you not ask help from the
police to prevent the fight taking place?"
insisted Mr. Chamberlain.
"The crowd had been after my boy to
fight all week," replied the father. "I
thought the boys would not. hurt each
other, and that the squabble would be
over in about two minutes."
Frank Churchley stated that he also
tried to prevent the fight taking place.
but that Frank Carlson insisted that he
had to fight, and asked the witness to be
present to see fair play. "The boys
walked along together, hunting for a
place to fight." said Churchley. "I did
not see who struck the first blow. The
crowd arranged that they were to fight
rough-and-tumble fashion. They came
together, clinched, and Frank Carlson
was on top. Carlson received soveral se
vere blows, and he seemed to get the
worst of It nearly all the time. People
yelled to somebody to Interfere, but only
talk resulted. The boys did not strip to
fight. They only took off their hats and
coats."
The Jury decided that Carlson died
from tho result of blows at the hands of
George W. Baldwin. Tho latter Is still
at tho City Jail. It was remarked last
night that the names of the young girls
who had caused the dispute to arise be
tween Carlson and Baldwin were ndt
mentioned by a single witness.
EVERYTHING IS WRONG.
At lieast the Grumbler Says So, end
He Ought to Know.
"The grumbler" is still in town, and last
night went to church and found a victim
upon which to discharge some of his stock
In trade. The speaker to whom he had
listened had a tendency to sift everything
to the bottom, and had taken especial
pains to prove beyond reasonable doubt
everything that he had said. Authorities
had been quoted, and the good people were
wishing that some of their skeptical
friends to whom they had talked of the
Bible and its teachings could bo there
that thoy could say to them triumphantly,
"Now, there Is what I told you proven
beyond a doubt." After the sermon the
grumbler waited at tho door and found
a companion that he knew, and tho two
started to walk homo together. The com
panion was thoroughly pleased with the
sermon, and at once began to remark upon.
its excellent qualities. "Yes," said the
grumbler, "but I think that it Is so tire
some. No one wants to sit and listen to
all of that history. If we want history
wo can read It and get it right. We go
to church to hear the gospel preached,
and not to talk of ancient history."
"He gave that to prove his point," said
his companion.
"Yes," said he, "but we are not inter
ested in tho exactness of those things. 1
think that it was very tiresome."
Seeing that they could not agree, and
being in too good a mood to have his feel
ings ruffled over this point, his companion
decided to change the subject.
"Which way do you go home? Shall we
walk straight down, or shall we take the
car?"
"Oh, it Is no use to expect a car. I have
been In a lot of places, but never In ono
where the car service is as bad as it is
here. Wo may wait and wait, and never
get a car, and then, after we do, it will
stop at every corner, and I can walk
nearly as fast as It will go."
"They have a regular time, upon which
they run, and stop only when some one
wants on or off," timidly suggested the
companion, but tho way that he started
out to tell of the great difference between
car lines In Portland and other places that
he had been showed that It was time to
again change the subject.
"Nice crowd that we had at church to
night; the house was nearly full,"
"Whatl Call that a crowd? Why, we
ought to have twlco that many people out
at every meeting. Portland people are
more slack at attending meeting than any
place that I have ever lived in. I have
seen places smaller than this city and
there were more churches there, and every
one had a better attendance, At one
church we used to raise a greater unount
for mls6ions than the whole city does
here."
And with an indignant air he thrust his
hand Into his pocket and brought forth a
big pipe, presumably to drown some of the
agitation that he felt In a pleasant smoke.
Thinking that he saw here a chance to
somewhat soothe his feelings and right
himself for having made such very erro
neous suggestions, his companion drew out
a cigar and offered it.
"No," said he, "I will have to stay to
my pipe. Some time ago a friend of mine
sent mo a box of cigars, and they were
fine, but since I have been used to smok
ing them, any others that I can get taste
like so much hot straw. I have tried
everj cigar in the city, and all are alike.
They used to do me until I got those from
my fricnd.ljut I can't go them any more.
I have tried every way t6 get another box
like them, but they are not making them
any more. No, thanks, I will smoke the
pipe."
The companion lit the cigar, and the two
walked on In silence, the grumbler await
ing a chance to give his opinion of the
next topic that should be suggested, but
his companion wisely refrained from again
venturing an opinion which would again
start the wheel in operation.
RECREATION.
If you wish to enjoy a day of rest and
pleasure, take the O. R. & N. train from
Union depot at 9 A M. for short trip
up the Columbia, returning, it desired, by
boat from Cascade Locks. Tickets and
particulars at O. R. & X. ticket office.
Third end "W ashlngton.
n
Klamath Hot Springs,
Most noted Summer Tort la Northern Call.
forsUu Near South. P&c Convenient for Ortxca
people AddnM JEdioa Brp MWlgk, Oil,
HONOR TO DEAD PASTOR
MEMORIAL SERVICES FOR RET. T.
J. MORGAN.
Rev. Alexander Blackburn and Other
Ministers Talk at Second
Baptist Church.
All the Baptist churches in the city
Joined in a union memorial service last
night in the Second Baptist Church, East
Side, in memory of Rev. Thomas J. Mor
gan, D. D., LL. D., who died In New York
Sunday, July 13, and Rev. G. J. Johnson,
who died Monday July 1, In St. Louis,
both prominent Baptist ministers. Meet
ings for the evening were suspended In
the other Baptist churches, and there was
a large attendance at the Second Church.
Rev. William Rjrodall, pastor, conducted
the usual devotional exercises. On the
platform were Rev. Alexander Blackburn,
of the White Temple; Rev. C. A. Wooddy,
of the Pacific Baptist; Rev. M. M. Bled
soe, of Calvary Baptist Church, and other
ministers of Portland Baptist churches not
taking their vacations. Tho music for
the evening was arranged specially for
the occasion.
Dr. Blackburn was the first speaker,
and ho spoke on the subject, "The Chris
tian Statesman," in which he gave an ad
mirable review of Dr. Morgan's public acts
as Commissioner of Indian affairs under
President Harrison. He paid a glowing
tribute to Dr. Morgan as a public officer
and for "his pure character, v Rev. C. A.
Wooddy spoke of his "executive life,"
pointing to the Important events in which
Dr. Morgan was the moving spirit. Rev.
Mr. Randall spoke of the "Lessons of the
Life of Dr. Morgan." The subject of these
nddr esses was spoken of as one of the
most useful and able ministers tho Baptist
church ever hud.
Biographical Sketches.
Rev. Thomas J. Morgan was the chief
executive officer of the Baptist Home
Mission Society, and was one of the most
widely known men in the Baptist denomi
nation. A year ago he came to Portland
and lectured at tho Willamette Chautau
qua at Gladstone. He afterward delivered
the dedicatory sermon of tho Second Bap
tist Church. During his short stay In
Portland he impressed every one with his
ability and force of character. His ser
mon In the Second Church then made a
deep impression for its simplicity and
clearness. He was born In 1S39, at Frank
ford, Ind., and graduated from. Franklin
College in 1861. Tho War of tho Rebellion
being In progress, he enlisted in the Sev
enth Indiana Infantry. He served as
First Lieutenant la tho Seventieth In
fantry, commanded by Colonel Benjamin
Harrison. After this he organized three
colored regiments. He took port In many
lmportunt engagements, and was made
brevet Brigadier-General for gallant and
meritorious services.
At the close of the war he studied for
three years at the Rochester Theological
Seminary, from which ho graduated in
lfcGS. He was ordained at Rochester, N.
Y., September 12, 1S69. He served as cor
responding secretary for the New York
Baptist Union, 1SGS-71; president of the
Nebraska State Normal School, 1S72-74;
professor of church history In the Baptist
Union Theological Seminar', 1S74-S1; prin
cipal of the State Normal School, Pots
dam, New York, 1SS1-S3; principal of the
State Normal School, Providence, R. L,
18S4-S9; Commissioner of Indian Affairs,
1S89-93; corresponding secretary American
Baptist Home Mission Society from 1E93
to his death. He received tho degree of
D. D. from the University of Chicago In
1874, and that of LL. D. from Franklin
College in 1591.
The Watchman (Baptist) Bays of h'.m:
"As Commissioner of Indian Affairs ho
extended the public school system, to the
Indian schools, and placed the schools un
der tho civil service rules. His course in
opposing the policy of contract schools
gained for him the bitter hostility of the
Roman Catholic hierarchy, and President
Harrison's fidelity in sustaining General
Morgan probably cost him his re-election.
As chief executive officer of the American
Baptist Home -Mission Society his work
was extended and arduous. The exten
sion of schools for the colored people In
the South and West was one of the pri
mary Interests of the society, and It has
been well said that General Morgan's at
tainments as an educator and administra
tor fitted him to Increase tho efficiency of
this branch of mission work. He stood
for a middle course between misplaced
philanthropic efforts at too ambitious cul
ture, and what he considered the too
strictly industrial training advocated by
such men as Booker T. Washington."
Dr. Johnson, whose memory was also
honored last night, was born October 9,
1S24, in Trenton, N. Y.. and graduated
from Madison University and the theo
logical seminary at Hamilton, 1S4S. He
began his career at Trenton, N. Y and
served the Baptist 'denomination In every
position, station and capacity, being mis
sionary bishop, educator and secretary of
the JPuMJcat'on Society. During hla time
as missionary he traveled 400,000 miles,
visiting ever' state and territory in the
Union. His deajh is regarded as a severo
loss to tho Baptist church.
TWO SERMONS BY DR. DRIVER,
Eugene Divine Preached Morning
and Evening: at Grace Church.
Owing to the absence' of tho Rev. Dr.
J. R. T. Lathrop. pastor of the Grace
Methodist Church, the pulpit was tilled by
the Rev. Dr. L D. Driver, of Eugene. Dr.
Driver is known as a strong and convinc
ing speaker, and the church was well
filled at both the morning and evening
services. In the morning his theme was
"The Exaltation of Christ," and in the
evening "Tho Death of Moses."- Mrs. M.
H. Cllley, of San Francisco, was present
at both meetings and sang some enjoy
able selections. In his sermon in the
evening Dr. Driver took his text from
the 32d chapter of Deuteronomy, and
showed from the death of Moses that tho
books of Moses taught tho immortality
of the soul, and that those works were
founded upon fact. In tho verse that ho
read, Moses was commanded to go upon
the mountain, and told that he would be
gathered unto his people.
"Now," said Dr. Driver, "his people
wero dead, and this could not have meant
that he would be gathered to his people
In the body, and the only conclusion that
wo can draw Is that it meant in the soul.
Again," said he, "the Inquiring mind will
ask. How do we know that these
books are true? They have stood for
3500 years, and not one statement In them
has ever been disproved. Tho events
that they mention have monuments erect
ed to perpetuate their memory. Tho Jew
ish race today is scattered over the en
tire world, yet at a certain time every
one of them commemorates the Feast of
the Passover. It is not reasonable to
suppose that such a custom could have
grown from something that never hap
pened. Just as our observance of the
Fourth of July shows conclusively that
on that date our forefathers declared
that they were a free and independent
Nation, so tho observanco of tho Jews
shows that there was a Passover. And
neither of these customs pould commemo
rate an event that had never happened.
"in my debate with Bob Ingersoll, he
said, 'Just let me see ono miracle, and I
will, believe.' Now, It is owing to the
fact? that these things are contrary to
nature and rare in their occurrence that
they are miraculous. If they happened
often enough that all of us could see
them they would cease to be miracles.
Tho fact that monuments of their occur
rence still exist is strong enough proof
of their truth."
Dr. Driver also showed the strong or-
I gument that Is presented in the nomen-
clature of objects in the Holy Land. He
said that the very laws of our country
were first Introduced by Moses, and that
he could have got them no place else but
from the Father.
"A republican form of government,"
said he, "was Instituted by him that was
similar In every respect to the govern
ment under which we live, and it lasted
for 450 years. All of these Ideas were new
in the world at that time, and could have
cuuo irum no utuur suurto cixept uui
they were given to Moses by the Father."
ELKS TO GIVE EXCURSION
Moonlight Ride on Rlvqp Tomorrow
Evening.
With their customary energy and at
tention to details, the Elks will give a
moonlight excursion tomorrow night
which will be the event of Its kind of
the season. Proceeds from the affair are
to be used toward swelling the fund for
the Elks' CarnlvaL The more money
there Is available, the more attractions
the management can secure for tho big
Fall entertainment. The steamer Harvest
Queen and a roomy barge have been char
tered for tho occasion. The flotilla will
start from Ash-street wharf at 8:30 P. M.
While there Is no particular destination
In view, tho ride upon the placid waters
will be enjoyable, and the steamer and
barge will travel for several hours. After
these warm, sultry days a refreshing
moonlight Journey upon the Willamette
a,nd Columbia Rivers will prove a treat
Both boat and barge are to be attractive
ly decorated for the occasion, and a
large orchestra has been engaged for the
evening. Good music apd dancing are as
sured, while tho accommodations of tho
Harvest Queen and the barge are suffi
cient for 1000 excursionists. No liquor will
bo sold on the excursion, and a pleasant
time is guaranteed all attending. The
Elks want thousands of people to visit
Portland during tho Carnival. They are
advertising the show extensively, but this
work can bo helped by the merchants of
this city without cost and yet do a great
deal of good. It Is suggested that the
business men make It a point to invito
each one of their customers and corre
spondents out of town to visit Portland
during the Carnival. In this plan the
Elks aro prepared to do their fair share.
The Board of Directors has prepared a
neat slip of paper, upon which tho fol
lowing Invitation Is printed:
PORTLAND ELKS' CARNIVAL.
STREET FAIR,' CIRCUS AND MENAGERIE,
PORTLAND. OREGON. 1002.
SEPTEMBER 1 TO 1, INCLUSIVE..
The "Writer and the Citizens of Portland Invito
You to This Unique Fall Entertainment.
THE ELKS WILL DO THE REST.
These slips are Intended to be Inserted In
envelopes with the communications sent
out daily by Portland business men. By
pursuing this course, the entire North
west will be covered by personal requests
to visit Portland, and these, together with
the remarkably low rate offered by tho
railroad companies, will Induce thousands
to come who might otherwise remain un
determined as to the course to adopt.
Merchants can obtain a supply of these
slips by informing the officers at Elks'
headquarters at Seventh and Stark streets.
From an nltltude of 2000 feet the Elks
are advertising their Carnival. A balloon
has been engaged which makes ascents,
and when at a dizzy distance from the
earth a cloud of tissue paper dodgers are
liberated, floating through the air like a
disintegrated rainbow. Tho bits of paper
arc of many colors, and the effect is as
beautiful as It is startling. Upon each
piece of paper Is printed the message from
the clouds telling of the grand Carnival.
The person collecting the largest num
ber of these slips and presenting them to
the secretary of tho Carnival will re
ceive a season ticket. The person pre
senting the next largest number will be
given a ticket entitling the bearer to see
ever' show Inside the grounds. This bal
loon has already made an ascent at Al
bany, and Is to be sent up at other points
throughout the state.
PRIZES FOR ELKS' PARADE.
Liberal Cash Premiums to Be Paid
for Best-Drilled Lodges.
The following prizes have been offered
for the Elks day parade which will be
given on Thursday, September 4, during
the Portland Elks' Fair and Carnli-al:
First prize, $500 In cash, for Elks' Lodge
In line presenting best appearance, not
less than 50 men participating. Points for
Judgment: First, uniform; second, drill
and discipline. -.
Second prize, $250 In cash, for Elks'
Lodge In line of best characteristic dis
play, and not less than 40 men participat
ing. May be characteristic of tho order
generally or of the locality which the
lodge represents.
Third prize, $150 in cash, for Elks' Lodge
with largest number of men in line, uni
formed.
Fourth prize, $100 In cash, for Elks'
Lodge In line presenting best comic effect,
not less than 10 men participating.
Manager ' Rowe Is a busy man these
days, attending to all the details of
preparation for the great -Fair. The vari
ous committees are working diligently,
and there is every reason to believe that
tho project will be a grand success. B.
B. Rich, chairman of the committee on
subscription, says that a large amount of
money has been raised, but that the
fund Is still several hundred dollars short.
However, ho believes that the whole $12,000
will be raised before the end of the pres
ent week.
OBEYED ORDERS AND WON
Wnr Incident That Shows Value
of
Unquestioning Discipline.
Chicago Chronicle.
As an illustration of the idea of obedi
ence and dlsclpllno inculcated In the West
Point cadets, James Barnes tells a story
full of significance. During the Civil War
of the '60s, a young officer reported to a
volunteer brigadier commander that he
had orders from division headquarters to
take a battery that held the top of a
sweeping slope on the front of the Con
federate line, the shells from which wero
playing havoc with the Union Infantry
that were deploying through a wooded
ravine.
"What!" exclaimed the volunteer Briga
dier; "are you going to try to tako those
guns with cavalry? Imposslblel You
can't do It."
"Oh, yes, I can, sir," was tho reply.
"I've got the orders in my pocket."
This West Pointer did not doubt In the
least what ho was going to do', nor his
capacity and, strange to say, he did it,
for, advancing at a change suddenly from
tho wood Mjptoss the open ground, he took
the battery in the flank before they could
change efff-ctually the position of the
guns, and b brought them back with him.
THEATRICAL ENGAGEMENT
Mount Tabor, This Week.
Favorablo approval from many sources
and the success of tho entertainment each
night last week at Mount Tabor, given by
City & Suburban Railway Company, dem
onstrates the necessity for tho continuance
of wholesome diversion, and each night this
week will bo occupied with a cleaif vaude
ville show, covering an extensive pro
gramme. The dog and monkey circus,
slack Wire, buck-and-wing dancers in
black, brother and sister act, polyscope
picture machlno and other attractive feat
ures. This entertainment, opening Monday
evening, will be kept to a high standard
during the entire s?ason. A 10-cent ad
mission will be charged at tho door. Cars
from Third -and Yamhill will be adequate
for the sen-Ice every evening. The enter
tainment on the summit. In the open, cool
pavilion, will be an enjoyable treat. Roof
garden theatricals go In the Eastern cities,
and thls first-class selection Is second to
none.
The family medicine In thousands of
homes is Hood's Sarsaoarllla. Take nnlv
Hood's.
'gj
Meier &
Grat Dollar Shoe Sale between 4 and 5 this afternoon.
t Printed list of the salo3passed out at the doors.
HourlySalesToday
Fiftyf ive remarkable va!uesstirring bargains
that should bring every economical person in town
to our counters today. A printed list of the items
will be passed but at the door, or see yesterday's
Oregonian-COME EARLY.
Meier & Frank Company
,rgr?3rsgrs&i
INTENDED TO DO EVIL
WHAT EVIDENCE SHOWED ABOUT
SOUTHERN OREClQ MURDER.
Gibson Jfot Defending Himself When
He Killed Old Man Schonbachler
Play for Sympathy.
JACKSONVILLE, Or., July 26. (To the
Editor.) I think that your editorial In
The Oregonlan of Wednesday, July 23,
concerning tho Gibson murder trial in
Josephine County, Oregon, ought not to
go unanswered. I have always regarded
The Oregonlan as In favor of the enforce
ment of law and the punljhment of
crime. I am necessarily led to believe,
therefore, that your observations upon
this case are made from a misunderstand
ing of the facts as developed by the evi
dence. It Is plain that the facts, as you have
them, are to the effect that Gibson shot
B. Schonbachler In the heat of parston,
and while both wero engaged In a quar
rel over a boundary line. If these were
the facts, jour conclusions would be cor
rect; however, the facts aro very differ
ent. It Is true that Schonbachler and Gibson
had had some troublo over the boundary
line between Schonbachler's place and the
place which Gibson was renting and upon
which he lived. Because of differences
between the two men, Gibson, In the pres
ence of two witnesses and at about three
days prior to the shooting, threatened to
kill Schonbachler. Upon the evening be
fore the shooting, Schonbachler had been
to Grants Pass, and, as was his custom,
had Imbibed liquor a. little too freely, and
In his talkative way had made threats
against Gibson. But the old man was a
harmless and inoffensive neighbor, and as
helpless as a child.
During tho entire day on which the
shooting occurred and almost up to the
time of the homicide, Schonbachler had
been confined to his bed. In the evening
he heard a gray squirrel barking about
three or four hundred yards from, his
house In a grove of oak and pine trees,
and took with him a harmless old muszle
loadlng, single-barreled shotgun and con
taining less than a teaspoonful of black
powder separated by a small piece of
paper from a charge of bird shot of the
sarrfe amount. Tho charge In the gun
was not sufficient to have done violence
to a humming bird at twenty-five yards.
It Is plain from the character of the
weapon and the charge that Schonbach
ler was not In pursuit of Gibson; how
ever, there Is other evidence which es
tablishes "this fact beyond any question.
During the entire day Gibson had car
ried a 20-30 rifle back and forth over the
small clearing of probably 50 acres com
prising the two farms.
While his presence in tho field had dur
ing all this time been unknown to the
old man, 6tlll there are witnesses who
observed him, and he could have had no
nosslble business there unless he were
waiting an opportunity to carry Into exe
cution the threats he had made against
the old man's life.
According to Gibson's own testimony,
ho was obscured from Schonbachler's
view at the time that Schonbachler left
his own house, and he at that time made
up his mind that he would kill Schonbach
ler.He was then only about 100 yards from
his own house and 200 yaois from Schon
bachler's. Ho was behind the brow of a
long low hill which would have obscured
him from Schonbachler's view until he
could have reached his own house with
out ever having been seen by Schon
bachler. Schonbachler went direct from his house
towards the grovo for which he started
and carrying his old shotgun under his
arm. His course was not toward Gibson
at all, but was rather parallel with tho
course which Gibson says ho followed
from then to the time of the shooting.
By Gibson's testimony, the old man
walked 250 yards from his house to the
place where ho fell, and during this time
and up to tho shooting Gibson walked
probably 75 yards upon a parallel line.
It Is plain, therefore, that Gibson must
have loitered behind this hill waiting an
opportunity to kill the old man, for there
Is no good reason why he should have
been there, and If he had walked with tho
same speed with which the old man
walked, he would probably never have
been seen by Schonbachler. He claims
that while nt a dlstanco of about 100
yards from Schonbachler he called to him
to throw down his gun, as he had threat
ened hl3 life. He says that in obedience
to this, Schonbachler whirled and turned
his old gun towards him. From this ex
pression it Is plain that Schonbachler had
not, up to this time. If Gibson were to
bo helleved, known of Gibson's presence.
He says that he then shot Schonbachler
and walked some 10 or 20 steps after the
old man had fallen, nnd shot him again.
He says that he aimed the first shot at
his heart and Intended to kill him; that
the reason why he shot him the second
time was that he heard him groaning and
saw his arms moving and thought he
might not be dead. It Is very evident,
however, from the other testimony that
Gibson does not tell the truth as to where
he stood when he fired either the first or
tho second shot. Charles Van Dome,
whoso reputation in the community is
above reproach, saw the entire tragedy.
Ho was across the river at his house,
which stands upon an eminence and over
looks the entire scene. When he saw Gib
son the latter was walking leisurely be
hind a little knoll which obscured Gibson
from Schonbachler, who was coming from
his house towards the grove. He saw
Gibson loitering about this place without
apparently doing anything more than
watting, when suddenly Gibson hurried
up, rushetl to the top of the little
knoll between Schonbachler and him
self and In plain view of Van
Dome drew his rifle to his
shoulder, took all tho time required for
shooting at a mark, and fired. Gibson
then walked about 30 yards and called
to Van Dome to come across the river.
Van Dome replied that he could not be-
cause his boat was on the other side.
Gibson then walked about 60 yards farther
Frank Company
Meier
llJZPXJXP) tJSPtkzP
Olds, Woftman 3t King
SEE OUR
Ext aof ctina? y
Page Thfee-
OF THIS WEEK'S JEWELRY SALE
itettettteceaei
.
EXCEPTIONAL
SEASONABLE GOODS
ADVERTISEMENT Daily (excepting Sunday) will
appear on THIRD PAGE.
Sunday advertisement on Page 9
J
and called! to Van Dome, making the
same request and receiving the same re
ply. He then walked 110 yards farther
to nearly the top of the hill from which
he says he first saw Schonbachler, and
stopped at a distance of 109 yards from
where the old man was lying, and after
having himself walked 200 yards. At this
point he flred the second shot. The first
shot had been flred at a distance of 123
yards and the bullet struck tho old man
In the center of the forehead, completely
emptying the brain cavity, and passing
out upon about the same elevation at
which It had entered. Tho second shot
struck tho old man In the left arm and
ranged downward towards the spinal
column, which range was probably due to
tho fact that the shot was flred from the
elevation described by Van Dome.
At the time of tho shooting, Mrs. Schon
bachler was upon her porch at a distance
of 250 yards from the old man, but upon
an elevation which commanded tho entire
situation. She agrees In all things with
Van Dome. She says the old man was
walking leisurely towards the grove with
a gun under his arm when the defendant
called to him to put down the gun and
then flred. Her testimony Is that the
old man had never even seen Gibson and
that he did not see him even at the time
the shot was flred. She testifies that the
old man never changed the position of his
gun from that in which it was carried.
She ran from her house that distance of
250 yards to the body, and saw that the
top of Schonbachler's head had been tak
en away by the bullet; that he was dead,
and rushed to the-river to call Van Dome.
He answered her as he had Gibson, and
she rushed back to the body, having trav
eled probably a distance of 80 yards in
addition to the 2G0 yards. She then start
ed to leave tho body to go to tho houso
of a neighbor for aid, when Gibson flred
the second shot. n
When you consider the amount of
ground covered by Mrs. Schonbachler be
tween the two shots you have some idea
of tho time which must have elapsed be
tween the two. From the point where
Gibson was first seen by Van Dome, Gib
son could have disappeared into the brush
In a walk of no more than 25 yard3.. He'
was at that; time obscured from any view
of Schonbachler by the little knoll sepa
rating them. He was in plain view of
Schonbachler's house because it stood up
on a higher elevation than the knoll be
tween the two, so Schonbachler must
have been seen by Gibson when Schon
bachler left his own door, as Gibson says
he was. Gibson's own testimony is that
at the time .Schonbachler left his own
door-step he, Gibson, made up his mind
to kill him.
When you consider the distance that tho
old man walked from that time until the
time ho was killed, and consider that Gib
son "had waited where he was until tho
old man came within range; that he shot
him at a distance of 125 yards and walked
200 stepsbefore shooting him again; that
he say3 that he intended to kill him
during all this time; that - he shot
with the Intention df killing and that
he flred the second shot because he
heard him groaning and thought he was
not dead, it Is difficult to see how the
case could bo anything other than murder
In tho first degree.
I note what you say as to Gibson being
a physical wreck and as to his weeping
and walling during the progress of the
second trial. To understand the situation
you ought to know something of his ap
pearance and conduct during, the first
trial, which occurred 10 days after the
shooting. In the firsj trial Mrs. Schon
bachler was called as a witness, and nat
urally, when the old lady was asked to
describe the appearance of her husband
when she first reached his body,
she could not refrain from bursting into
tears. The questions naturally recalled
to her mind the scene of her husband
lying upon the ground and with his brains
scattered round about her, and as sho
wept upon the stand In her endeavor to
tell the story, Gibson laughed and smiled
quite freely." His face was the only one
In the court-room which wore a smile and
nis countenance was the only one that
did not give some evidence of pain at the
situation. When he went upon the stand
In his own behalf he spoke more as a
braggart than as one who regretted hav
ing taken life, and told his story without
betraying any emotion and without
any evidence of either remorse or regret.
He did not hesitate to say that the shots
were fired with the Intention of killing
nor inai ne naa aimea at the heart
I that he shot the second shot to silence
I the old man's groans. WJien the second
Tin,.
trial was bad, Gibson had been confined
)0Z4ZkstZe
6c Frank Company
VERY
Announcement
REDUCTIONS
9tfe(iotatei9tootta
- o
o
o
oooaoaaooeeaeaoe
In a close cell from April to the middle of
July, and had probably come to realize
more seriously, the magnitude of tho
charge against him. It is difficult to say
whether his weeping upon the witness
stand In the second trial was the result
of better schooling as to his conduct, or
whether the confinement In Jail had tend
ed In some way to weaken him; neverthe-
less, to ono who had seen the two trlal3
his conduct seemed rather designed for
the purpose of Influencing the jury than
as the result of his own feelings. It really
looked as If he had over-done the matter.
Thero are good actors and bad actors; and
I believe fho Jury could not have but felt
that much of the crying upon the part of
the defendant was the result of bad act
ing and would havo been more In place
before the deed was committed than
.afterwards.
I have gone thus briefly Into a detailed
statement of tho facts with the view of
giving you an opportunity to correct tho
Injury which might bo done by allowing
your statements to go unchallenged. It
is not correct that the verdict was a great
surprise; you aro mistaken In tho sug
gestion or inference that the community
expected an acquittal. Except the im
mediate friends and advocates of the de
fendant, the majority of tho people In tho
community were flrmly convinced beforo
the verdict was returned that the case
was one of murder In the first degree, and
tho only doubt was as to whether tho
Jury would have the courage and nervo
to perform so painful a duty as was re
quired of them under their oaths and citi
zenship. I have not written this statement with
the view of Inviting any discussion of tho
facts, for the evidence Is all a matter of
record and can be read In detail. I trust,
therefore, that you may see your way
clear to at least modify, editorially, the
strong statements which you have made
as to the magnitude of tho offense, and as
to what punishment ought to follow.
The Oregonlan certainly recognizes that
unless our laws are enforced no citizen Is
safe. Whena caso shows a clear one of
murder In the first degree there ought to
be no good citizen In the land who would
protest against the extreme penalty of the
law.
Unless we have the support of tho press
In the enforcement of the law we cannot
have, universally, the support of the
people.
attorney the necessity of the Infliction of
the death penalty In a case which he has
tried; nevertheless these duties must be
performed, however painful they may be,
and the Stato naturally expects such a
power and Influence as Is wielded by The
Oregonlan to be always upon the side of
law and order.
With apologies for the space consumed,
these facts are respectfully submitted.
A E .REAMES, District Attorney.
"A WORD TO THE WISE"
Is proven by the great number who have
taken advantage of our July Clearance
Sale of high-grade shoes for men, wom
en and children. These are no Cheap
John goods, but are first class in every
particular and are guaranteed.
To make room for our large Fall stock,
our prices will be reduced during thl3
sale.
Our regular $3.00 values, sale price $4.13
Our regular 4.00 values, sale price 3.35
Our regular 3.E0 values, sale price 2.83
Our regular 2.50 values, sale price 1.93
We have also 400 pairs of ladles', misses'
and children's shoesbroken lines to be
closed out at less than cost.
This sale will close August 2, 1902, as ad-,
vertlsed. M. BLILINGS,
223 Morrison street.
EXCURSION RATES TO SALT LAKE
CITY.
For the Elks' convention at Salt Lake
Aucust 12-14. the O. R. &N. will sell 2oL
day round-trip tickets at rate of $23 60; for
return through San Francisco via rail or
steamer, $44. Tickets on sale August 3
and 10. Call at O. R. & N. office. Third
and Washington, for further information.
CASTORS A
Tor Infants and Children.
The Kind You Have Always Bought
Signature of OujfM