The Albany register. (Albany, Or.) 1868-18??, January 23, 1880, Image 3

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ALBANY. Fit ID AY, JAX. 23, 1880
l.enit Court.
Circuit Court adjourned on Wednesday.
Tl;.,' following business was transacted :
C o. flames vs. M. V. Brown continu
ed. .
J. E. IIa:ino:i vs. John Tetherow, et al
judgment against Tetherow.
Frank Ki others vs. Wm. McCalister
decree of foreclosure on west halt ot block
E. J. Tate, adm. vs. Lafayette Smith
decree granted.
G.F.Crawford, guardian, vs Ilenry S.
tioie tit fault nd decree.
FranU Partoii vs. W. B.Gore foreclosure
David Cohen vs. W. F. Alexander
dismissed at cost ot plaintiff.
A. J- rnU-s vs. Win. Harris and II. A.
Bennett continued.
riiil Cohen vs. Stass Specker judgment
for plaintiff.
H. A. Davis vs. John Teters continued.
A. B. Eifelt & Co. V3. P. C. Harper &
Co bv default. Fox, ftdni, vs 11. Parr sheriff's
sale confirmed.
W. 11. Dodd vs .1. W. Dawson sheriffs
ea!c confirmed.
Jas I.ondlry vs J. F. Chetwood et al
sherllTs fed!; confirmed.
L. C. Kice vs J. II. Taylor et al same
as alove.
.Unman Shclton vs Alice B. Shclton
divorce, dismissed at plalntiirs cot.
Alice 15. Shelton vs Daman Shelton
divorce confirmed.
Siate vs Frank Rcid indictment for
murder, verdict of "not guilty."
fct:ite vs Frank Parker, Jvhn Shaw and
John Clark larceny, continued.
T. II. Alen vs A. A. Settlcmeir decree
as prayed for except as to atty's fee which
is fixed at 73.
I.ucy E. Dean vs Milt Washburn judg
ment f-r deft in accordance with repcrt of
E. X. White vs W. B. Helm cont:nued
John Hardiuaii vs M. H. Wallace dis
Senders & Sternberg vs Thos. Barrett et
al Kicfault and decree. '
Jacob Bros, vs McCully & Andrews
W. B. Helm vs B. T. Lollis judgmeut
for plait.tiff.
Thos. D.-ii.iais vs Agnes E. Danlals
divorce, to:. tinned.
C. D. Simpson vs 17. B. Scott dismissed
oil motion ot plaintiff.
W. T. Mack vs Lucinda Mack divorce
Kud;e & Wilsoti vs Silver Hill Mining
Co continued.
Andrew McCalley vs Elizabeth Ritter
A. MeCa!!- vs A. F. Co continued.
A. MeOaJIy vs Sophia Breuger con
tinued. A. IVarce vs II. A. Cunningham to
rjit'et' title, at issue.
In the matter of the estate of Sarah Ann
Simtson decree of County Court reversed.
Amanda Enyton vs Francis M. Layton
divorce, continued for service.
John W. Moore vsC. E. Wolverton,adm
or ".
J 1 1 1 Cohen vs Philip Grigsby continu
tor service.
Eliza Denny vs Asa Jl. Peterson judg-
.ent for want of answer.
Xast Greensweig & Co. vs Asa A. Pet
erson continued.
E. G. Mielodl vs Senders & Sternberg
dismissed. '
Samuel Althoiise vs VT. J. Elkins
judgment by default. .
1L. A. Davis vs John Tetcrs et al con-
. P. Vi. Spink vs Jas. A. Pennebaker and
wife dismissed at plaintiff's costs.
D. MePhee vs J. M.'M. Beach contin-
ed. . . - . . ' .; -
. Vi. L. Vance vs W. J. Mtllbollen judg
ment agniust defendant and F. M. Pugh,
- indorser. '
.. AIodzo Ames va J. II. Taylor et al
judgment in accordance with pleadings.
'Kate MeCuen v Farlow Mulkey shfTs
--sale mfirmed.
McCalley & Andrews, Insolvents con
tinued. Co. Commissioners vs Phil Grigsby
cqntiaued for service. , -.- ,
A. J. Hubler vs Gaston fc Furry judg
ment ior plaintiff. "
P. Washerman va McCalley continued
lor testimony. 1 .'-;. J"' J ? , -
Roiander Parrisb, insolvent report ap
proved. : 1 - '..f '.
fiaston & Furry, Insolvents continued,
Job" Isom T3 Ilenry Gore et al con
firmed. .
C. O. Barnes vs L. Elklns confirmed.
Jan. 11th ordered that an attachment
Issue tor B. W. Cundiff, summoned to ap
pear as a juror and made delanlt ; order
ed that Cundiff pay costs of attachment.
Joseph Taylor, insolvent report of as
signee approved. -
UihmI Templar XiOda-e Organised.
' On Tuesday evening, January 20, Alba
ny Lodge No. 10, I.O.G.T.. was organized
by C. A, Sehlbrede, O.W.&T, with fortf
charter members. Following are the offi
cers installed for the first term : L. N
Liggett, C.T.; Mira Mansfield, V.T.; R.
li. Barnes, S.; R. Fox, F.S.; S. A. Deck
ardT,; W. H. Mansfield, M.; Annie
Maiibfleld, I.G.; L.. O. Ralston, O.G.J
Geo. Geisendorfer,CapIain ; Kate Liggett,
R.II.S ; Aniiie GriiBo,L.H.S. J. A. War
ner, I'.C.T.r'J. A. Warner was recom
mended and appointed Lodge Deputy.
TenapUur t"c
A Good Templar County Convention
. will be held at Dallas, l'olk county, on
ihursuay, January 1830, A good
utne is expected.
lln County Bible Society.
The annual meeting of Linn County
Bible Society was held in the Court House
last Sunday night, the attendance being
very large. The music, under the leader
ship of Mr. Charles Haffeiiden, Miss Mag
gie Foster presiding at the organ, was
first rate. Rev. Mr. Iletzler delivered the
annual address, and the several inlnUteri
present delivered short speeclies. The re
ports of the Secretary, Treasurer and. De
positary were read and approved. The
election for officers resulted in the election
of Rev. S. G. Irvine, D. D., President ;
the pastors of tlic several churches ef the
city Vice Presidents ; Dr. B. R. Freeland,
Secretary ; John Conner Treasurer.
Following U the Treasurer's report :
cash krceivkd:
Cash on hand. Dec. II, 1379 00
Cas'i collected at annual meeting... 30 00
Cash collected at M. E. Church,
Shedd... .... .... 8 85
Cash from J no Fushay tor books sold 00 26
lotal cash receipts $1" 20
Paid Oregon Bible Sxiety tor books $33 OS
Paid Oregon Society as a donation. 33 85
Paid freight on books from Port-
laud 1 50
Paid commission on sales . 4 50
Cash now in treasury - HI 2ii
Total $197 20
Following is the report of the Deposit.t-
To books on hand, Dec. 14, ls7S..107 11
To books received during 1S79.... 77 50
Total .
$1S4 61
By books donated during 1S79...
By books to life member
By books sold during 1879
By books now in depositary.... .
Total. .I...
. 1 33
. D0 28
. S9 5!i
.184 61
Railroad Connection.
The west side road was expected to be
completed to Corvallis on Tuesday, ami
on Saturday a grand excursion would be
given to Portland. We congratulate our
sister city on the completion of the railroad
and hope it may prove a real bonanz i to
her citizens. The completion of tlie line
from Portland to Corvallls will prove a
decided loss tanur business men. as a great
deal of business formerly attracti-d heir
from Benton county will be drawn else
where. We must have a line of railway
from this city to Corvallis, with a railroad
and wagon bridge across the Willamette
at this point, if we care to retain any or-
tiou of the trade of Benton emujty. Think
over this matter, fellow eitizeus, and tell
us what you think of it. Our columns are
Oflinin ot Hie 1'. P. Ciiurch for 1HHO.
At a church meeting of the V. P. Church
of this city, held ou the 15th, the following
named persons were elected as officers of
the Society for the year :
Preeidentj D. D. Gray.
Secretary, Maggie I. Foster.
Treasurer. C. H. Stewart.
, Trustees, J- II- Foster, S E. Young and
J. W. Blain.
Chori.-ters. Dr. G. W. Gray, C. Haffen
den. Mrs. W. Montcilh and Libbie E.
Ushe, L. E. Blaiu and S. E. Young.
OirThoiion, it was ordered that the pub
lic collection system on the Sabbath day
be discontinued. .
AeeMentnlly Pulwncd.
City Marshal, Andrew J. Hunt, was
seriously ill on last Tuesday. Feeling a
little out of sorts o'l the morning of that
da', lie took a swallow of what lie sup
posed to be a simple remedy, and lay down.
In a few moments he was taken with
Severe pains and crai;p. when Mr. Clark,
who happened to drop in iust then, asked
him if he was sure as. to the medicine he
had just taken. Thisiupnry caused an
examiualiou, when it was discovered that
instead of a simple remedy tlie medicine
he had swallowed was a poisonous mixture
to be applied externally in ease of severe
rheumatism. Dr. L. Hill was immediate
ly called, who administered the proper
antidotes, and Andy w us saved but he
lias been an awful sore man ever since.
Around tbe World.
Th:s is the title of a new volume just
from tlie press of Chicago, and embraces
numerous illustrations of the most remark
able events in Gen. Grant's recent tour of
the world. His receptions and speeches in
London, Paris, Spain, Italy, Germany,
Russia, Ireland, Egypt, etc., together with
his tour in California and Oregon, and a
brief history of his life; It' in a novel and
interesting work of about 400 large octavo
pages, printed in good style, offered by
subscription 3 to our citizens at a very low
price. It makes a handsome work for the
center table, library or office, and is having
m unprecedented sale in California and
the States. The agent will call in a dr.y
or two to receive your subscription.
God Bleatr Ton, loetor t
Were the words ol a poor mother, thank
ing Dr. Young lor saving her child who
had been given up by some of Chicago's
best physicians. , Yes, indeed ! thousands
owe their lives -to . Dr. Young's .Yankee
Cough Syrup, U simplest and .most pleas
ant remedy tor diseases ot tlie Lungs ever
produced. Children will take it when
they refuse all others. Your druggist will
tell you that be sells more of it than any
thing else. Ask him for a sample bottle.
Melons 'given a way, 5 1 J",.
A Cure WltnoaS Medletae.
A Packer's Stomach Pad, worn ou the
pit of the stomach, will prevent Diphtheria,
and all kinds ot fevers and Ague, and will
cure , Liver Complaint, Jaundice, Dyspep
sia, Ague Cake, and all diseases ot the
stomach and liver. Worn over tbe womb,
it will cure lalllngof the womb and female
weakness. Do not drug yourself to death.
When you feel ill, put on a Packer's Pad.
" t!8
v Tlie handsomest 5. Turkish nif patterns
ever brought to the city, at Mrs. H. J.
Hyde's. - She has yarn tor filling and
frames tnr stretching. The ladies only
wast to &e (hem to admin.
Mr. Story and wite, of East Portland,
are in the city, visiting relatives.
Milt. Beach, of IlarrUbnrg, was in the
city on Monday.
Ad Edgar came tip from Portland the
first of the week.
nomopopathic remedies can be obtained
at Plumtner's.
scarce and busiucsa generally
Nightly prayermeetings at the Y. P. C.
A. Attendance good,
Meetings every night at the M. E.
Church, and much Interest manifested.
When you want nice, fresh salmon, go
to W. U. Baltimore's.
A full supply ot good potatoes at W. U.
Baltimore's. '
Go to W. U. Baltimore's when yon want
nice hams, side meats, etc.
Xoonday prayermeetings at the M. E.
Our moonlight nights ain't much lor
light too muchee cloud-dee.
The man that invented ce'ery was
benefactor to the human race perhaps.
Ol. Tompkins, of Han isbmg, was in the
city on Saturday and Sunday, going below
on Monday.
To anv one sending five now subscribers
with the money $7 50), we will give an
extra copy of the Rkgister one year free.
Messrs. Grat & Fronim offer bargains
in well made, hand-some, late style furni
ture. Geo. Hhnes, Esq., the great job printer
of Portland, made us a pleasant call on
Wednesday morning.
Dunk Rankin and Ed. Z-iss returned
yesterday after a three weeks" camp in the
mountains. They got tw o deer and pi oh
ably other game.
Dar is done, and the darkness
Falls from tlie wings of Night.
As a feather is wasted downward
From an eag!e in his flight.
The jury in the case of Frank Reid. on
trial for lite in the Linn County Circuit
Court last week, brought in a verdict late
Saturday night. -after" being out probably
an hour and a half, of not guilty.
The district court for Columbia count-,
W. T.. that convened o-; the 2d inst. had
no less than seven divorce eases before it
Very good for a new country.
The new hotel at the depot is ready fur
occupancy. A it will take considerable
monev fo furnish the buildinsr. it may le
some time before an occupant is found
with the coin to furnish ir.
To any one sending us ten' nw sub
scriljers witli the money ($15;. will ser-d
free for one year one copy of the Rmjistki:
and one copy of the Ainrrion Agricnltnri.t
the leading agricultural journal ot Amer
ica. The many friends of Mr. Ad Edgar
will be glad to learn that she is now con
sidered out of danger, although : far from
ng well. She is still m Portland, too
ak to be removed to her home at the
The old emigrant who was weeping
copiously on Tuesday ou First street, on
being interrogated as ro the cause ot his
weep, said his fears were those of pleasure
at the sight ol ail old, tried friend he had not
seen until then tince lie left the States.
'I refer." said he, with u majestic sweep
of tlie right arm, , "to the god of day
the sun !" ' i
... .. . .
Tn Benton county, on the loth. John
Kennedy. agd about 35. of typhoid pneu
monia, tdter an illness of about one week.
Deceased leaves a wife and one child to
mourn his loss. He was highly respected
by all'his neighbors.
The year promises to be full of exciting
and interesting events.- Wa'ire preparing
to give the fullest details of all important
events throuzh our columns. The "presi
dential fight will soon 'commence ; the
county canvass will soon be upon us.
when every voter will desire to be posted
as to the qualifications of those who ask
their suffrages. The Rkgisted is the pa
per you want during 1880, as it will deal
fairly, independently and truthfully with
the candidates and the (j'lestions ot the
hour. Subscribe tor it now. One dollar
and fifty cents will buy its visits one year,
; letter 1.1st.
' Uncalled for and. remaining In the Post
office In ll is city for the week ending Jan.
21, 1380:
Armstrong, Allen
Bond, Lydia
Baker, John D
C re use. D
Dora, Hatty f
Fitzgerald, E P
Gaits, Wm J I
Llnely, Mary E -McOhire,
Miller, Mrs'
Uicliardson, G W
Reeee, Joseph
Scherar, Aiiehal
Waldrou. MM
Kingon, Miss M
Black Walnut-
Mr. John Millrd presented us a speci
men of black walnut,- raised oh his place
adjoining the city,' a few days ago. Wal
nuts, hiekoroy nuts, etc are easily culti
vated and are quite productive in the Wil
lamette Valley.
A little sunshine on Tuesday.
"- j ,- i j a r ...
Circuit Court adjourned on Tuesday.
The Dayton, W. ! T, postoffice has
been raised to a third class office. All
tbe registered mail for the upper coun
try is assorted and receipted for there.
The canal oornmetced" at tlie south
fork of the Snake, SO miles above Eagle
rock, will redeem 625 square miles pf
agricultural and mining lands.
frank Keld Acquitted.
The trial of Frank Retd, tor the killing
of Ja'me.' Simons, at' Sweet Home, iu this
county, on the 7th day of November last,
was commenced on Wednesday of last week
In Linn Comity Circuit Court, Judge Ben.
F. Harding presiding. The Prosecuting
Attorney, J. J. Whitney, was ably assisted
by Messrs. Powell & Bilyeu, Flinn &
Chamberlain, of this city, and F. M. Mil
ler, of Lebanon, while the prisoner was
represented by Messrs. Strahan Eiljeu,
Humphrey & Wolverton and C. H. Hew
itt, of this city, and V. C. Burnett, ot
Corvallls. A greater part of the first day
was taken up in empanneling the jury,
which was at last secitrxd as follows:
-lames Paul, Philip Swank, A. J. Bilyeu,
Isaac Hayes, Marion Cunningham, John
Curl, Wm. A. Bunton, J. D. Milicr, Nim
rod Price, W. J. Stevens, F. P. Devaney
and E. A. Parker. Mr. W. Bilyeu opened
the case on the part of the State, followed
by R. S. Strahan on the part ot the prison
er at the bar. All witnesses, both tor the
defense and prosecution, were excluded
from the coiir room, except as each was
culled to g'tvi testimony in the case. A
large number of witnesses were subpoenaed
and were present, but quite a iiiiinbe1'
wee not called upon to testify, lhe state
ment made by deceased the day before his
death, written down by Mr. Miller, and
pronounced by deceased as his death-ln-d
statement, was ruled out, on the ground
that witness stated to Mr. Miller, the next
morning, that, he felt better, and thought
he would be around again in or two
Some other evidence oi'ered by the prose
cution was also ruled out, as not relevant.
Examining witnesses and the pleadings
took up the time ot the Court until Satur
day evening. Judge Harding delivering his
charge to the jury and sending them o the
jury room about 9 o'clock Saturday night.
The jury returned about half past eleven
o'clock ot the same evening, the prisoner
was brought into Court, and the Judge
being present, the verdict of the jury,
Not Guilty." was read, and the pris
oner discharged fiom custody amid the
cheers of the crowd present.
E. Simons, nephew of deceased, was
the lir-t witness sworn : He knew Reid
who had been in Lis .store a few minutes
picvious to the shooting ou the 7th ot
November; carried a shot gun, had seen
him with the gun on other occasions;
aid he was going to Mr. Powell's ami
from there to church ; saw lleid shortly
after with Simons. 1,0 yards from my
place of I usiuess;' Simons was between
me and him ; they were C to S fet-'t apart ;
started in that direction ; saw smoke and
heard repoit of the gun ; Reid picked up
his coat, then the gun ; did not have the
gun when 1 firl saw him ; did not hear
what the two men said when they met ;
when I first glanced at Simons he was sit
ting against the lence, shortly afterward
he moved about six feet from where he
was lying into the street ; I did not- meet
Held at tint lime ; I suppose Reid put the
gun iu my house; I next saw deceased I
when the' were bringing him Into tbe !
house, about half an hour after the report
of the gnu ; Watkins, Loveby and Math
ews were carrying him; the gnu twas an
ordinary breech loading shot-gun, I judge
it was the one usually carried by Keld ;
next saw Simons at his residence, but not
living, on the following Sunday evening.
Upon htf cros-s-ex iiniinuioii witness said
he was not positive whether Reid had a
coat on or not ; did not meet Reid, but
crossed the street ; don't know where he
went ; it was C or S feet from Simons
where livid picked up the coat; Simons
ns sitting down against the fence when I
saw him.
Tho nas M. Watkins Know both par
lies ; live in S.veet Home ; was there on
the 7lh of Movember ; went to Simons'
store to trade; store was shut; went to
look for Shnons ; ran lr.,in Simons' gate to
where he lay ou a pile of woad with arms
folded ; went up to him ; he said, "For
God's sake help me up ; I am nearly
froze." ; lie said -it was that
- Frank Reid that done it,"
in response to my inquiry if he was hurt
much. ; lie said Reid met him there; Rcid
spoke to him, when he told him he ob
jected to talking to any of his (Reid"s)
kind; he asked me fo raise hi in up.aud when
1 asked him where he was hurt, he pointed
with his hand ; I saw the hole iu his punts;
told him he was not hurt much ; stood him
ou his feet ; he straightened up and stood
alone ; he moved his loot ; he said, "1
wish to God 1 had my rifle" ; he leaned
on me and said, "Lay mc down, I'm get
ting faii.t''; as 1 laid him down 1 heard a
crai k ; then Mrs. Simons and Reltic Gil
Ion came ; he said there was anothur day
coming, this was not tlie last of It; Mc.
Clure and Loveby came up, when he said
take me i.p, I'm froze''; we carried him
to the porch and laid him down, wheu he
wanted a drink ; before or after he drank
(the witness was not clear wh.oli) he said,
"It 1 liad my rifle I would have fixed
In in"; we then took him into the house
when on the bed on his right side be took
a pistol out of his hip pocket, and said.
take that ;" it was taken and placed on
the mantle, afterward when his wife came
in and - removed the pistol placing it near
his head, he told her to take it aud put it
away; lie got cold and .we began to rub
him, wheu he said something about Reid's
gun going off; I took his legs when we
carried him ; there was blood on the back
of his pants ; there was a hole in front.
dark colored around it, might have been
blood or powder ; was not positive as to
which hip pocket he took the pistol out of,
but think it was the right ; he said it was
cowardly, bitt do not recollect just wliat ;
he said Reid said, "Damn you, I'll , whip
you, "nud then he stopped ; dou't remem
ber what else he did say. Witness said he
had not told all "because ysu counsel stop
Otto Lubker Was at Sweet Home on
the 7th of November ; saw Simons being
carried to his house ; Simons appeared to
be in much pain, and said, "Be easy,
boys"; wbeu he wa3 laid down, complain-
ed of being cbld aud chiily ; Simons said.
"Well, boys, it's a long lane that has no
turn"; after being to the fire we laid him
ilowu again, wheu he said he was ntneh
hurt that the bone was mashed to pieces:
Watkins disputed this, when, Simons pick
ed out three pieces of bone nnd said tliat
would convince him the bone was mashed
to pieces, he then took a drink and said,
"After leaving you, boys, I felt cold and
got some wood to take home and make a
fire with ; when I got to Sweet Home,
Frank Reid met me, with a gun one barrel
ot which was cocked ; Reid said how do
you do ; I did not answer ; Reid spoke
again ; I told him to pass by. I did not
wish to speak to htm or his kind ; h5 then
put down his gun, puneu on ii- 1.0.0. d ceaswl if he knew it was his dying state
said, 1 am nieut, and he answered' -yes"; Mr. Simons
going to make you speak to me in two saj(1 he eonldn,t etan(1 u much -ongol
minutes, I threw my wood down aud eouj,,, get welI threw flU haj over ,lJs
kept a stick in my hand, which was not Jjeid Rnfl t.xcl.limMli ..OJl , my j orJ ,
the right length for the stove, and raised murier in the flrst tlegree.
my hand to defend myself. Red grabbed F Miller-Testified as to writing, at tlie
for his gun and then shot met; then, if I of siin0)1S!j bu 8tatement of the
had not hit tne gun as l uiu, no wuiim
have sht me right through." Simons
afterward said, "Boys, I am sure this was
a concocted thing. Witness staid with
Simons a greater portion of the time until
just before his death, saw hiin after his
death. Witness stated further that de
ceased was in Buckhead putting up a new
building, half an hour before he was shot;
"Was in good spirits and health ; saw him
when he left Sweet Home ; quit work at a
quarter past four on the 7th; went to
Sweet Home on foot ; load bad ; got there
at a quarter to flye ; had beeu in Sweet
Home about 20 minutes after the troutle
occurred ; was at Morse' garden ; Simons
was between Morse' house and the store ;
they laid him ou the porch aud he wanted
water ; worked for Simons about two
wieks ; saw him take the pistol out of his
L. Mathews Know Simons ; was at
work on u building 011 7th, Nov. about half
mile lroui Sweet Home ; Simons was
there, but left about 4 o'clock ; in half or
three-quarters of an hour afterward saw
Simons lying ou the ground on his side ;
he appeared to be hurt; saw he was hurt
in the thigh ; Simons said Frauw Reid
had shot him; cowardly
had shot him; would give a
thousand dollars for his ritle tor a moment;
"get me to the house, boys, as quick as
possible." Witness detailed the carrying
of deceased to the house, the conversation
between Reid and deceased at their meet
ing, that Reid picked up the gun and
Simons knocked it down ; the last time
Simons knocked the gun down it went off ;
understood Simons to say that Reid took
off his cloak; witness said Mrs. Simons
got there at the time McClurc and I did ;
we carried him to the house. Witness
here corroborated previous evidence ot
what Simons said in the house. Witness
further said : Reid raised tlie gun when
Simons struck at It and It went off.' Upon
cross-examination witness said was there
when Simons took the pistol out of his
pocket, saying it hurt him ; didn't hear
Simons sayjthat if Reid's gun had not gone
oft' he wfrffil have poked it to him. M-s.
Simons, -Wfe : of deceased, was then sworn.
Her evidence did not differ materially from
the previous evidence. Witness said :
Mr. Simons said, when I got there, "Oh !
lever mini!, never mind"; when on the
way to the house he said, "boys, he poured
It Into me thac time"; went all the way
with them while thev were carrying him ;
they laid him on the orch, then carried
him to the house ; they were not walking
very fast , H took but a few minutes to
reach the house ; Simons said he saw Reid
coming down the street toward him aud
that he had a gnu ; he stepped toward
the road to let him pass, when tlie conver
sation, substantially as related by other
witnesses, uissed between Simons and
Dr. Powell, of Lebanon The doctor's
testimony was to the effect that .vhen lie
reached the bedside of Simonsat II P. si.
ou the 7th of Nov., he was in a prostrate
condition, weak, cold, with weak pulse ;
wound in the left hip ; wound indicated
that the load had divided ; top of the thigh
bone shot to pieces ; wound one inch in
diameter at fhe surface, internally about
three times as large ; about three incites
of tbe bone shattered, balance split ; no
large blood vessels shattered, but siyall
ones were ; the effect ot such a wound
is prostrating, and without great sustain
ing power the atient would die. Cross-
examined direction of the wound slightly
upward ; the exit was, if any difference,
higher than the entrance ; he died of the
wound. '
Dr. Ballard, of Lebanon, who attended
Simons on the 8th. corroborated the state
ment ot Dr. Powell, said Simons' case was
hopelesfe then ; lie was sinking rapidly ;
he never fully recovered from the shock of
tbe wound. The Dr. paid at tlie time de
ceased made the statement his dying
statement lie was there, and that the
pulse had almost disappeared it was im
possible tp time it ; very little wa given
deceased but stimulants.
John Sumner Was present at the death
of Simons, which oocurred a few minutes
before 10 A. M. on Sunday, Nov. 9th, 1S79;
was with him the night before his death ;
was present when F. M. Miller was with
him ; Simons was rational and sensible, I
think ; lie would go off in a doze, but- when
awake was- himself ; lie seemed thirsty,
and would take the cup, and when asked
If he wished anything would answer sensi
bly ; there was a statement signed by Mr,
Simons the night before bis death, some
time between 2 and three o'clock ; there
were present Mr. Miller, Dr. Ballard, Jim
McDonald, Jim Simons, Mrs. Simons, and
Mrs. Simons1 mother ; those I remember ;
Mr. Miller reduced the stateroom to writ
log ; Mr. Simons said that tlie statement
was hl3 dying declaration ; that was after
ilio statement was signed ; Immediately
afterwards ; Mr. Miller told him to make a
statement ot the affair, wheu he and Reid
met ;,Mr. Miller read it to Simons after It
was done, and Simons said It was correct ;
Simons then held the pen while Mr. Miller
wrote the name ; Mr. Miller asked hi in if
that was his . dying declaration, and the
deceased said it was ; at the request of Dr.
""n.i, j. ieit Simons' pulse' about f
o'clock, and found it extinct';' I the'ri sent
for Dr. Ballard, who came ; Simons then
could talk With difficulty atid was very
weak; wine' was giftitf Mm to revive him
while he made tlie statement;-lie lived
from 3 o'clock to 10 o'clock a. at., after
making the statement. The witness being
shown the writng, indeutitied it as the one
to which he had signed bis name.
Mrs. Simons was recalled, and testified
as to the dying statement ot her husband
In the presence of Mr. Sumner and Miller ;
Mr. Sumner aud myself were at the head
of the bed, while Mr. Milicr was at the
side, all close to deceased ; Miller asked
difficulty ; took the statement after 12
o'clock on the morning of the 9th"; Mr.
Sumner and J. McDonald signed it ; after
the statement was made Simons raised up
a little ; I told him that I was not satisfied
it was his dying statement ; Dr. Ballard
said he was dying, and Sumner said he
was satisfied.
The death-"bed deposition was here offer
ed in evidence, but was objected to by the
defense stating that It was not a dying
declaration, and authorities were cited on
both sides. The defense called F. M. Mil
ler to prove that the statement was not that
of a dying man. Miller stated that he
talked with Simons after he signed the de
position, between 7 and 8 o'clock on Sun
day morning. Simons wanted to know
about his business, collections, etc., in
Millers hands; said he felt better, and
that he would be up In a day or two. The
Court sustained the objection of the de
fense, and the deposition of Simons was
not admitted as testimony.
Other witnesses were sworn, but noth
ing materially different from the above
was offered. There were about twenty
witnesses for the defense.
The theory of the defense was. that Sim
ons was a quarrelsome man ; that he went
armed ; that he had threatened the life of
Reid on more than one occasion, and that
ou the 7th of November, on meeting Rcid
le proceeded to carry out his threats by
commencing an assault, and that the act of
killing was in self-defense. The defense
stated that the discharge of the gun was
unpremeditated, an accident brought about
by the gun coming iu contact with some
object, or by the blows from the stick in
Simons' hands at least in some way un
accountable to the prisoner but the jury
was not asked to take this into account in
mak'hg up the Verdiet;
The Court was crowded from the begin
ning to the close of the trial, a large number
remaining in' the court room until the
jury rendered' their verdict on Saturday
Largest $ttck of groceries at
Choicest groceries at
Haffendex Bko's.
Clicapest groceries at
Ergo, go and buy your groceries at
Haffen i) en Brothers.
They are determined to please with quail
ty and price.
Linn County Council
Linn County Council, P. of II., meets
at Price's schoolhouse, five miles east of
this city, at 10 A. M.011 Saturday. Februa
ry 7th, 1S80.
' " Dr. Crawford, Pres.
r. B. R. FRXELAftD ha located In
Albany for tbe practice of Dentistry
All work warranted. Office tn l'nrrlli
block, corner First and Ferry atH. febl
. Dr. O. W. ray.
Dentist, Albany, Oregon. Office in Fos
ter's brick block, up stairs, at large bay
window. Prices in proportion to time nod
material consu med.
The McMiunville band are to have a
goraeous band wagon.
The damage to North Yamhill bridge
means an additional tax ot three or four
mills on the dollar to Yamhill county
taxpayers. .
Two million feet ot logs' put into the
Luckiamute last season were safely run
out during the last freshet.
Arthur Chandler, of McMinuville,
while cutting meat last week, cut two
fingers nearly off and made a frightful
gash in the center of the hand, all caus
ed by putting on too much force to pat
the knife through the meat.
'Die Itoseburg Star urges the imme
diate purchase ot an engine tor that city.
It is asserted that at least one halt
tbe boys ot Koseburg carries each a pis
tol in his pocket.
The people of Umpqna are agitating
tor a road from Hubbard to Coos Bay
the distance being eighteen miles.
Moscow, Idaho, is to have a Iwo
story brick hotel. "
The mining outlook tor Boise basin
next season is unusually cheerful.
Contracts have been let and work
commenced on the Wallulu aud Cclilo
railroad. ,
Fevers aud diphtheria prevail to an
unusual degree in aud about Dajton,
Mason prairie u the same of a bean,
tiful tract ot land contaiuiDg about 300
square miles on the summit of Craig's
mountain. ' It lies partly in Nea Perce
reservation and is about 18 mi e from
A Spsciflc Ecmedy for ali-tie1
or TUB '
For Debility, Loss of Memoryj Indispo?'
sitioil to "Exertion or Business, Shortness
of Breath,' Troubled" with Thoughts of Dhf-
ease; Dimness ol Vision, Pain in the Back, -Chest'
and Head, Rush' or- Blood" to the"
Head, Pale'Countenanee and Dry Skin. -
If tliese symptoms are allowed to go oby
very frequently'' Epileptic Fits and Con
sumption follow. When the co-istititie
becomes affected, it requires tlie aid of a !
invigorating medicine to strengthen aatl'
tone up the system, which j
-- ' - I -
Is Uraeqtialed
By any remedy known. It Is prescrlboa"
by the most 'eminent physicians aH over'
the world, in '
ft - r i !
& Pains,
General Debility,
Kidney Diseases,
li ver Complaint,
Nervous Debilityv
.Epilepsy, - 1
Head Troubles,-
General ill health, i
- Wk- ; '
i9Miiia vifcaseif
Nervous Complaints!
Female Complaints, &c
Headache, Pain In the S boulders, Cowga; -Dizziness,
Sour Stomach; Eruptions,- Ba4 1
Taste In the Mouth, Palpitation of the'
Heart, Pain In the region of the Kidney,
and a thousand other painful sympteaka
are the offsprings ot Dyspepsia. -
Ilr.ItI110 Ei D'S R U C II U
Invigorates the Stomach,
And stimulates tho torpid - Elver," Bowel"
and Kidneys, to healthy action, in cleans--ing
the blood of all impurities,1 and impart?
Ing new life and vigor to the whole syiUcT'
A single trial will be quite 'sufficient to
con vince tbe most hesitating of Its valuable"-
remedial qualities. .
- Or Sis Bottles for $3.:
Delivered to any address free from obser
vation. . . .. j
"Patients' may consult by letter recelv--ing
the same attention as by catnhg.
Competent Physicians attend to-corres-pondents.
All letters should be address
to.,,,- v.: .,
B. T.
Druggiot aal C&emisV
Philadelphia;. Pt
caution j I
See that tiio privet Eropri Uxf
Stamp is on eacb feottltv