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
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Yon will flnl one coi:posi
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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
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IJEESS?! '.rzi 19 vsKasfcJ """"
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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
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PARPPTQ
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friends to our beauti
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ALEXANDER 5 STR0HG
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THE I'OPfLAR X
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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
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UN
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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.