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About The Plaindealer. (Roseburg, Or.) 1870-190? | View Entire Issue (June 25, 1896)
POOL AND CASE LUCKY. Verdict Set Aside in the Traln.Rob bery Case. OrvgonUu, June i:. Juilgo Belliuger yesterday, in tlic United States district court, anubtincvd a decision settini; aside the verdict m the ease of John Cue, James Pool and Albert Pool, convicte-1 in lVoember last of holding ujt u mail train on the South ern Pacific. Tho dooision is very elabor ate, oeeui-vHtig So type-written jages of legal cap, and the effect of it is to set aside the verdict. The tirst three pages are taken up with a succinct statement of the facts connected with the tfopp.igo awl lobbsry of the tram, which occurred on lha night of July 1, 1S95, in Cow creek canyon, for which John Case and James Pool wcko found guilty, Albert Pool being acquit ted. A motion was msde for a new trial on grounds of newly discovered evidence, and that the evidence wss uusuflicient to sustain tho verdict. A summary of the decision follows : The Pool boys lived with their father on the South L'miviua, tome 7 miles from the place of the robbery, in a sec tion devoted to cattle raitiai.', and Case usually made his home with the Pool The Pool boys have been frequently ar rested and have been convicted cf fctieh an offeuse. Case shared their bad char acter, and, it is understood, had been iu the penitentiary for a crime committed previous to taking up his icsidcnce in Douglas coon'.y. The testimony ot eight witnes'es, nearly all trainmen, is rested upon to identify Case as the person who went through the train robbing the pas-en tiers. These witnees are Ware, the engineer; Grey, firemen; Donahue, ex press agent; Hermann, mail agent; 'ormsD, a brakeman ; liurnett, colored Pullman porter; PIcttner, telegraph line repairer, and Arronxzay, a pasiengir. Eleven pages are occupied with a care ful review of the testimony of these wit nesses, which a a whole, is pronounced reasonably consistent with the facts; but omitting the opinions of Burnett, tlerrman ami Norman, there is nothing in the facts themselves testified to by any of the wit-esses that identities Case. The robber, in his dtguise, has a totally different apinatrence from that of the de fendant in cooit. The testimony in this .ase does not i tend to similarity. ba rather in the op posite direction - Nearly every witness on both sides makes the robber's hair light, while it is dark. The unlikesess in the voices of the robber 8l th de fendant is attempted to be accounted for on the theory tbst the robber talked in an assumed voice. To do this f-r more than an hour coder the cirenmsiaoces, without lapsing into bis usual manner of speaking, involves such difficulties a to make it improbable. Thfl mask found a: the scene of the robbery, and at the preliminary examin ation placed on Cise with a view to his identification, answers the description worn by the man who robbed the train. It is tcro'frora the nieolh to the left eye hole, which was cot noticed in the mask worn during the robbery. It tends to ""make it easier to see the end of the nose oi the person upon whom the mask is placed, and yet in its present condhhn the features of Case were corapUtely dis guised by this mask, when it was placed upon him in the courtroom, in s fayor able light. Whether this is the identi cal mask worn by the robber or not, such an experiment in daylight and un der conditions otherwise favorable dem onstrates the untrnstwerthiness of opin ion evidence in a case like this. The circumstantial evidence relied upon to connect the defendants with the crime charged is next considered and reviewed at length. The two men seen by Samuel Dyer, one of them leading an iron-gray horse, whom -witness could not identify; the camp found the morning after the rob bery in the field of Chris Ledgerwood ; the tracks ot men and a horse, which the protecutioa claimed were made by the robbers in going Irom the caap to the robbery and returning; the finding of tome dried beef or venison, part o! a sack, calico strings and some gray hairs tbat correspond with those in the tail of a gray mare belonging to the Pools ; the shoes found at the Pools' house belong ing to James Pool, which fitted exactly the tracks above-mentioned, and the shoes found in the bunJle carried by Case, when arretted, and which fitted other tracks, were all carefully consid ered, as well as the testimony of several peEons who met the prisoners in vari oasplace3 about the time of the robbery. The camp and the tracks mentioned were discovered July 2. The arrests were made on July -1, and tho corapari eon of the shoea with thejtracks by Wit cess Quine was not made till July 3, and no explanation cf the delay is given, There was a heavy rain about Riddle and vicinity on the Jth ; yet a large num ber of witnesses living in that section were jw-itiva that it did not rain on July i, or there was so li'tle ai to bo made, no account of; while an equal number were equally positive that there was a heavy rain during the day. In regard to this the court said : "The persistent denial nuder oath by reputable witnesses of a fact so easily ascertained and so conclusively estab lished as the fact that there was a heavy rain throughout Douglas county, includ ing Riddle and vicinity, on this 4th day of July, tends to weaken confidence in the testimony of witnesses in eases that have excited a large degree of pnblic in . terefit. Kince the argument of Uih mo tion I have noted tho effect upon a dry road, within a given period, of a rainfall, which I subsequently ascertained by ref erence to the record kept by the Uuiled States weather bureau to have amounted to less than 0.25 of an inch, the amount shown to have fallen nt Kiddies on July Mi. Such a rain proved sufficient to any evidence derived thereafter from antecedent footprints in plowed ground or tho traveled highway." In regard to a Mrip of sacking found by Quine, which appears to havu bcon torn from a suck found in the camp at LedgeruoedV place, it was deemed very remaikable that (uine, at the end of a tS-milo journey, should lag behind his companions to secretly hunt for evi- dence,'.and find this strip in n feuco corner. It is a story too improbable for belief. Even if the testimony in rela tion to the coniparisou of tracSis had been reasenablo and consistent, tho character of this story is such as to in volve all tho testimony relied upon in cunnect the defendants with the camp in Ledgerv.ocd's field in grave suspicion The evidence for tho defenso was also considered nt length, and, in his sum miug up the ease, the judge said: "While tho evidence does not justify the conclusion that the defendants made the camp in Ledgerwocd's field, yet if they did so, it does not follow that they committed the robbery, mere is no cecersary connection betweeu this camp and the "crime. Tho camp was not in such proximity to the place of tho rob- lero as to warrant an inference that persons eamped there wore tho robber The tracks found leading to and from the railroad track "were traced but a short distance, ami may have been made by the robbers in going between tho capp and the placed" robbery. But this is mere conjecture, or at most but a doubtful inference. The fact already nientiuced, testified to by Hadley the barber, is equally con clusive. Case's hair was 'very long (2,'.j icches all over oyer the top of his head ana l3 inches long behind, 'clear below where his hat would sit on hts hcad(' as measured on Julv 1 All the witnesses testity as to the length of the robl-erV hair sav that it was cut short. fins is a matter about which mistake or misrep reservation is impossible. Its i.uport ante is obvious. There is no attempt to dispute Hadlet'd statements. It goes without saving that hair that was 'cut short' on the'tii-'htof July 1 had not become long on the Dth of the name month. "There are roanv other features of the case not necessary to be mentionsd, in cluding the discovery of tracki of men and a borse leading son'.h from the place of the robhdrv, and the fact tbat two men and a horse were seen the d3y aiter the robbery in that vicinity under tir cnm&tacees affording grounds of supi cten. "Oome s expianMtioa ot iiis reasons for the arrest ot Case i the fact tb'at soaie gray hairs he had brought from the camp in Ledgerwocd's field were the same as the tail of James Pool's gray raarr , which Case had in a stable at Can yonville, and the farther fact that Case bad bought a near suit of ilothet, and, representing to 2oine thut he intended to go to a bail at Canyon viile that night, started off in the direction vl Napoleon Pooi'e home. There was nothing else to justify the arrest. Norman's descrip tion, which lnu toen given out to aid in detecting Vbs guilty parties, in no wise fitted Uasa, as hss been seen. "There u evidence tending to show tbat.it was believed that the rewards that would be uM for the arrest and conviction of the robber.-- wocld aggre gate 3000 for each robber convicted. It would be verv natural that this stron inducement Mivii'd prompt bssty action on the part of detective? ngaged in banting the criminals. Tbie, and the previous bad character cf the defend ants, is a Enmcicm explanation of what followed. ENGLAND AND OUR PLATFORH. It is too bad that England docs not liko tliu t:riir, tliu Monroe doctrine and tho loroigu policy planks of tho SI. Louis platform. But, then, England was not consul led. (treat Britain's approval was not dor mod at all necessary. The platform in detail and as a whole is al together a declaration of American prin ciples for Americans. Naturally Eng land would not like tho tarilf plank. Tho people of America nro obliged to lave manufactured goods and wares of various kinds. Their consumption of such articles is enormously great. AVe use to manufacture them bote at home, but with March, 1S5K5, camo a new order of thing?. Our factories and mills wero closed and our industrial operatives were sent into idleness, and tho pleasure of supplying our needs w:w committed to EnRland. That is one of tho reasons why tho so-called "mother country" is so verv fond cf Grover Cleveland. Put the republican party is of tho opinion that, having all needed raw ma teri.il at hand, wu should give our work men a chanco to live well ami lay up something for n rainy day by starting up our owu manufacturing establishment so that our people may supply their wauls with homespun fabrics and othewicccts nry industrial products. As wo do not need two eels of mills and factories to satisfy our wauts, the idea of the tariff plank of the St. Louis platform is to givo our own establishments tho preference That is why England does net like that particular plank. Itut there is another rtason why Eng land is riot please J with that plank I'nder Cleveland's alleged tariff act the country i3 obliged to sell tho best and safest government bonds in tho world from time to time, and British investors do not like to have the flow of them stopped. Rothschild is particularly desirous that the regularity of their com- iug should not be interfered with, es lecia!Iy as tho treasury department kindly lets him take them in at (104 when their market value is $119. The .St. Louts tariff plank, when in opera tion, w ill furnish revenue enough with out selling boode. Then there are Micse Monroe doitiioe and foreign jwlicy p!anVs. They whi throw so much d:rt In Great liritian's eyes that the old ully will not Ire able to see Venezuela fit all, much U3 see ing unjustly marketl territory boundary line?, o, altogether, England haj no cause for rejoicing, especially as the .St. Louis platform is sure to Le the policy of the tiovernmfnt after next March. F. Call. Jonbt. There is "The case is free (taxi is nothing to sustain t!. verdict. It against the evidence, and must be set aside, and it is s- ordered.' Picnic at the Soldiers' Home. As announced in the Pljusdealek Tuesday, the members of the W. R. C. No. 10. gayean entertainment on tiie grounds at the.Soldier's Home, Thou uie picnicers were not as numerous as was anticipated there were enough to make the entertainment a verv pleasant one and was highly appreciated by all From the beginning of the gathering in the morning till high noon the old vel and tho members of the Y . R. C. and others had a joyons tini? with crcquet and bowling and pleasant reminiscence of ante-bellum days. At 12 m. loach was announcjd and the pies, cakes, chickens, ham, bread and batter, coffee, etc., under which the tables fairly groaned, began to diwppea in a way that would do honor to old vets after a fatiguing march. After lunch and the members of th cjrps had cleared away the fragment? CjIs. Robsrtsjn, Alley and OrmBby trustees of the home, were called en fo speeches. These gentlemen made brief speeches, abounding in eloquence, spirit of patriotism, and praisa of tho wo-nen who had been so thoughtful for the old vela as to show them their ap preciation of their services in the field by these tokens of their kindly remem brances. School Report. Report of the I'ellville schml for term ending June 10, 1S90. Averaging anovo uu in tinal cxamina lion were: Tommy Neal, Elsie Hud, peth, Cydia Neal, Virgil Hedgpcth Mamio Neal, Lena Hedgpeth, Mabel Wilkinson and Velma McWilliams Averaging above So were: I'red West Alfred Neal and Karley Wilkinson. Jussin Dull, Teacher It seems that Eugene also wants n share of the bu'tcr from the Holiomia mining district, and is willing to pay for tho privilege of doing a little of tho milking on her own account, Cottago Grove and Oakland will have to braco make tho road a muddy one and to fill j P( or when thoy arrive at tho corral its depressions Willi standing water. It they will find Eugeno in possession of demonstrates the untruBtworthineis of tho cream. The Finns. stri, Or., June 22. Probably more salmon were caught last night and this morning than in anv .one day for many years past, and all the canneries were compelled Jo limit their boats. They will, however, jack uight and day as long as the supply holds out. One of eorge & l.irker's men ibrought in 42tJ pounds, while another employed by the Astoria Packing Company, made more money in the single night than he made up to the corresponding time last season. The river is full of fth, but there are no indications that any are coming in, and the probabilities are strong that iy the end of th? wetk small catches will be the rule. Ttie fish are uniformly large, and snaie exceptionally so. One of the men captured two beautiiul speiimens that tipped the beam at 133 pounds. Since the departnre of the main body of the militia last night, there ha3 been no unusual disturbance, and the city still remains comparatively quiet. Ma jor Gantenbein, wi h his picked com mand of ICO men, is still maintaining a vigilant jwtrol of the river day and night. It is estimated that at least 2000 Inxits have gone out since Saturday night, and many of them are manned by non-union men. While it is thought the run of fish this year has, perhaps, been fully up to those of last season, it is, of course, now impassible for the packers to make up tho lost time, and the total pack this year will fall far behind that of any year for five or six years past. A number of Finnish fishermen have not yet gone out, nearly nil of them be ing dissatisfied with the action of the union in accepting tho compromise. To day several hundred are reported to have sent in their resignations to Secre tary Jensen, with intimations that thev would have nothing moro to do with the union. Tht.t decision, if adhered to. will te the means of breaking up the or ganization and :rcndering tutile ?U fur ther organized efforts to fix the prico of salmon. Indianna Democrats. Imjiasaidi.is, Jure 22. The demo crats of Indiana are gathering in great numbers for the statu contention Wednesday. It is probable that two days will be devoted to the convention Tho free-silver delegates will include 1500 of tho 1730 delegates, the majority ot tne goiit-statiuarct element coming from Indianapolis. There is a loug list of candidates lor the various offices, the prospecls being that 15. F. Shively, of .South Ileul, will be tho nominee for gov ernor. The free-silver executive com mitt -o has made all arrangements for the convention. R. C. I'.ell, of Fort Wayne, will bo chairman, anil Dan Mc Djiiai'' of Plymouth, secretary. Tho deli"' i-at-large will probably bo Sona- ton .ipio anil oorliees, Juilgo Me Cabc .iml G. F. Menzies, of .Mount Ver non. Tne convention promises to be tho largest ever held by tho party iii the sta'e. i no stamper, alias ittview, says: "A. P." A-ism has made Rosoburg a hobo paradise." This is an unmitigated falsehood, for it is a fact that for tho last year Roseburg has .been freer from that class of the genus homo than it has been for tho two preceding years. This is a fact patent to every person of ordi nary observation. Rut the animus of tho Review in making theso assertions is apparent. It has a purpo-o in view which is as pulpablo to tho observing as is tho nose on their faces. BLACKWELL'S GENUINE DURHAM T8 Agaa-Ji 1 WANT hllRUIIU A AD NOOTHEf?. Yon will flnl one coi:posi Inslile coclJ two ounce tinp, mid two coupons Insliio rncli four ounce haj; of Illodt lvvll'a DurUcxn. Ittiy a hn of this celebrated toliacco ami recti tlic coiipou-irMrli gives a list of vatnaliln pre ,. cntB and cv; 3 - 1 1' i u it i t k. ij pi hi II I fv i aay eta a IJEESS?! '.rzi 19 vsKasfcJ """" Alexander & bTROiiG THE POPULAR HOME FURHISHERS.... 320 and 323 Jackson St. Bet. Oak and Washington. m r rr" t r"j rr rTT 3 Largest and Kct Assortment eycr V V j L. 1 Jl A 1 JCf IV brought to Southern Oregon, and A Large iul Elcgtnt Line PARPPTQ 1 2 1 1 I 1 . We call the attention of our friends to our beauti ful stock of Our Stock is Unexcelled by Any House South of Portland. ALEXANDER 5 STR0HG WWW SO TROUBLE TO W SHOW QOODS. THE I'OPfLAR X HOME Fl'K-NIiHKRr 0 Easy Rockers Bed Room Sets Parlor and Dining Chairs Rugs and Carpets And all Household Articles ItOSKI)l.'RG, OrWGON BOWSN & STABROOK7 Blacksm i t hs and Mach i n ists Stephen Street, between Oak and Cass, ainclilnc Work n Specialty ROSEUtlRC, OR. Turkish Insolence. Athkso, June 23. A ietter fioai a mo3t trustworthy otGcial cource brought by special messenger from Canea, states that on June 19 two French officials from the Neptune, in company with the chan cellor of the French consulate, were walking on the quay, when a group of Tcrkish soldiers began to curse them as giaours and indulged in other insulting remarks. One of the Turkish soldiers drew his sword, hut was seized by other persons, who thus prevented ihiin from carrying out his threat. The French consul protected to the governor-general, but up to the present it is not known if satisfactory excuses have been made to the French officers. From the same unimpeachable (ouice it is learned that the Turks aie marking the shops of Christians with iheeignof the cross. The Austrian consul, having noticed that tho bureau of the Austtian post was thus marked, drew up a pro test to the governor-general. This mark ing of tne houses of Christians has caused intense excitement among the people, who fear that masracres are in tended for Canea. M. Delaynnis has wistly called upon the most rampant of the newspapers to stop the personal violence of their at tacks. Under tho firm stand taken by the government, backed by the king, tho public excitement is cooling down. The impossibility of.Oreece actively in tervening in the Cretan question is dawn ing even upon the more jingoistic, who Eee the force of Greece's position if she renuins'nuiet, as she will do, unless tho government is overturned. TON iMILti. Di. O. K. Haldridge, late of Linn county, has arrived hero and will open a dental oflicj at his farm. Wo aro informed that a few miners have struck a gold quartz mine near by. Wm. Irwin has returned from Port land with a new stock of general mer chandise. . Four years of depression under the present administration have now roached a point from which the end of a parol ized condition of trado can bo seen. Tho death knell to frco wool and the iniquitous injustice to agriculture and its ovil consequences has boon sounded, MeKintcy will bo elected next Novem ber, and that means higher prices for agricultural products. Wo aro closo to a now era. The country is ripe for a now Hand at tho wheel, nnd will volo for Mc Kinloy for president. X. X. X. A f tor four years of democratic deptes sion a vote for prosperity will bo the most natural thing in tho world for ovcryhody to give. Sheep dip nt Marsters'. H. C. STANTON TXu jut rccriteJ a nev xnd extensive stock DRY : GOODS co:;sistiso of Ladies' Dress Goods, Kibbons, TrinuuuiR3, Laces, tc, Etc. ALSO A FIXE STUCK OF BOOTS AilD SHOES Of the beat quality and finish. GROCERIES Wood, Willow and Glass Ware, Crockery, Cordage, Etc. Also oa hand In Urje quantities an J at prices tc jutt uc urnra. Alio a large stock or Custom-Made Clothing Which la offered at cost price. A full and elect stock of SCHOOL BOOKS Constantly oa band. Also the LATEST NOVKLTIES LN STATIOXEKJ" General aitnt for every variety ot subscription boots and reriudieala published In the United Biaiea. reraons wisntng reading matter or any una wiu co to ive me a can. J. F. BARKER & GO GROCERS. TEAS A SPECIALTY A special brand jf unadulterated Tea. Ou prire corrEE Is having a large sale "ow styles Glass and Delf Ware his is the Place to Buy Groceries. A full and complete assortment of all goods usually kept in a first class grocery. Everything offered for sale is fresh; and sold at very reasonable prices. We have a very choice stock of canned goods, including both fruits and vegetables, to which we invite. your special attention. Our line of Olives, Gherkins, Pick els, Sauces, etc., is also complete. We carry the largest stock of to baccos in Southern Oregon. C. W. PARKS & CO., Grocers. M. JOSEPHSON'S New York Cash Store, R05EBURG, OREGON. "WE SELL THE FAMOUS vital lvi wciiv and Superior COOK STOVES. The Best Stove is Always the CHEAPEST. CHURCHILL, WOOLLEY & MCKENZIE'S Roseburg Hardware Go. A SQUARE DEAL nt astonishing low prices. Our own Toraaawa nro very popular. canned .T'H'trMnn !a nn nr. if .In ft ilnntiaf ivith nil modern appliances for painless work. All machinery run with water power. We are Here to Stay. I i I i i I i I i . , i I i i i , i I i , i - 1 2 3 4 5 G 7 8 9 10 11 12 00 UN I o lO aa 3 lO co -CJ I Is what we give to every cus tomer, fo'r we believe the best advertisement possible is a cus tomer pleased with what we have sold them, they will come again and agaiu, and their friends will come too. We are not here for a day or for a month. We are Here to Stay. WOLLEHBERG) flBRlHAifl JRoseburg, Or.