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About The Plaindealer. (Roseburg, Or.) 1870-190? | View Entire Issue (Dec. 14, 1896)
TJS PLAINDEALEii DECEMBER 14. 1896. Sheep dip at Marat era'. Lime and sulphur at MarBtere'. A Salsmau. tho reliable jeweler. Caro Brew, are tho boea morchaute. Go to tho Rosclcai (or the beat cigar. McKitdey and Bryan hats at tho Nov elty. For a good 5-cent cigar call on Mra.N Boyd. Wood taken ou subscription at thia oilice. Go to A. C. Marsters & Co. for school books. Get your eehool books at Mareters' drug ftore. Maskers buy your masks at the Nov elty Store. .For tirst-classdnt;trv n iw r . "HUB .: Oakland. School books and stationery at Mar sters' Urug fctore. Pure fresh groceries and low prices at Casebeer'a grocery. l. S. West does insurance. Office opposite the post office. NeaUfoot oil, machine and lubricating viia ai -iaiEierb i-TUgaiore. A fine lino of cents f hoes at J. Abra ham's. Prices jus t right. All work warranted first class bv It. W. Benjamin, dentist. Key West, imported and domestic cigars at tho Roscleaf. An excellent line of toilet soapa at Marsters Drug Store. Goods below coit at Caro'e. Now is the the time for bargains. Nobby suits and latest styles at Little Jack's. Prices very low. All styles and qualities of hats at Abra ham's. Bedrock prices. Muayoa's Uomcepathic Remedies for sale at Marsters Drug Store. Aa endless variety of combs, hair and clothes brushes at Marsters'. For bargains in family groceries, call at the Pepoie's ftore, Cass street. Fred Flood, lawyer, room 9, Taylor & A ilson block, Roseburg, Oregon. Munyoa's Homeopathic Remedies at A. C. Marsters & Co.'s drug store. Bring your clocks and watches to Slow Jerry the reliable jeweler lor repairs. Country produce 1 all kinds bought and sold at Casebeer's grocery store. Coxl weather calls for good warm un derwear. You'll find them cheap at the Norcity More. At Oakland, T. L. Graves is authorized to receive and receipt for subscription to the 1'ui.vdliue. Fine goid and silver fillings put in by R. W. Benjamin, dentist. Prices to suit the times. Have your dental work done l-y R. V. I'ajiinio, dentist. All work "guaran teed first class "Live and let he" is Dr. R. W. Ben jamin's rzo-tto. Dental work done at Kdrock price?. Largest stoci of fancy chairs at Alex ander A Strong's, ever'brooght to Rose burg and at prices lower than ever. Biiag your job work to the Puusntat, xxofce. We are prepared to do the cheapest and beat work sooth of Port .sad. Save money and time. To parties going East, go by the O. R .Jc N. short route. Call on or write to V. C. London, Koscborg, Oregon. N. Rice, a: bis ware rooms on Jackson opposite Marks' iron front, has choice i household furniture and tin ware at priced to suit the times. Take notice. Dr. Benjamin, the dent ist, is permanently located and guaran tees all bis work. Give him a call and examine work and prices. li yoo don't watit to suffer with corns and bunions, have your boots and shoes B&de at L. Langenborg'a. Repairing neatly and promptly done For a good hat, stylish and cheap, call on Wollenberg & Abraham, whose stock xabraces all grades cf head gear. The Square Deal store has just opened up a beautiful line of W. L. Douglas shoes, which prove to be the best shoes made. Come and inspect them. I aa prep ire-J to offer lumber or wood a: reduced price. I am taking in lum ber and wood on old accounts and in trade for gJs. T. K. Rxciubdsox. A. C. Hoxie sells flour at 75c and SOc a sock, and 10 pounds of lard for 75 cents. People should take advantage of these prices and give him their patronage. N. Rico, one of our enterprising furni ture dealers has now on sale a fine lot of furniture of the latent style and finish. Give him a call before purchasing else where, L. Langenburg in still on top. He carries a full stock of choice music, mu txal instruments, violin, guitars, accord eons etc,, violin strings of best quality always on hand. SlowJorry the jeweler has 14 carat filled gold ladies watches now cn 3ale. Price reduced from 125 to 15, decided bargains. Don't fail to examine them before purchasing elsewhere. Those having second hand stoves, furniture, etc, for sale can receive the highest cash price by calling upon N. Bice, the furniture and supply dealer, 221-23 Jackson street Roseburg, Or. Jack Abraham, gents furnisher, keeps the best goola and latest of every thing in bis line, and sells them at a lower price than any of his competitors. He ilso sells boots and shoes at astonishing iow prices. The cheap rates of five dollars cabin and two-fifty steerage including meals and berth are still in effect on the 0. R. & '. Co's. steamers from Portland to San Francisco. Steamer leaves Portland every five days. Dr. R. W. Benjamin, late of the dental college at Atlanta Ga., has fitted up dental rooms in the Marsters block, where he is prepared to do do first claer work in all the lates improvements. Crown and bridge work, gold and porce lain crown, fillings and extraction of teeth at hard-time prices and all work guaranteed. Remember, room , Mars ters block. Notice is hereby given to tho public by the undersigned that I do not allow dead animals to bo buried on my prem ises, at Roseburg, Oregon, or garbage dumped thereon or sand or gravel taken therefrom, unless the party taking Band or gravel first contract with mo for the nght to bo do. Treespaaeers will bo probecuted ac cording to law. Aako.v Rose, Kosoburg. Oregon, March 17th, 1895. Caro Bros. Must sell their immense stock inside of sixty days, regardless of'coat. If any one wishes to get bargains tkey niuet call Boon, aa they mean business. Thia "no humbug. If y0U doubt their word call and becouwnced. BRIEF MENTION. Holiday goods at Saliman'a. Call and aeo the new lino of ladio'a euoea, just received at Parrott Broa. Everything that is new, nice and Pretty in the way of Jewelery at Salz raan'a Keep our clothing in mind when making tho boys a preeent. Novelty Store. Monoy to loan. Call at the office of I. F. Rice, real estate dealer, Rosoburg, Oregon. The new White Granite Iron ware selling fast at Churchill, Woolley it Mc kouile'e. Try Allison's Eastern hams and lard. Fine citrous, currants and raisins at Alhson'e. We are displaying holiday goods como and look in our show cases. Nov elty Store. Ben Huntington and G. W. Staley of loncalla wero in the city Friday and Saturday. Mr. and Mrs. A. F. Brown of Oakland were guests at the McClallen Friday and Saturday. Pure Cream Rye whiskey and rock candy at the Senate. P. 0. corner, 400 Jackson street. Hon. H. L. Benson of Grants Pass was visiting his brother F. W. Benson ot thia city Saturday. Ginger ale, Arista Water, sodas, and other soft drinks at Slow Jerry's drink emporium, now on draft. The regular Sunday night and Wednes day meetings at the M. E. church will return to the usual hour of 7 :30. Casebeerthe grocer, corner Jackson and Washington, keeps the beat grocer ies. Bacon and lard a specialty. Read John ,t Lee's great "at cost" sales into day 'a papsr. 'Shop 220 Main street, next door to Van Houten. Teeth extracted with the use of eu caiue. No pain, no danger, it does not effect the heart. Dr. F. W. Haynea. Ladies call and see our uew line of embroidered and silk handkerchiels. We have a fine assortment at the Novelty Store. Mr. ani Mrs G W. Short were cuetb at the McClallen last week, white Mr. Short was attendim: the trial of James Dixon. Buy your shoes at the Noveltv Store and if thej contain shoddy insoles, etc. ibey will tell you. Oar aim is to sell you a guoJ shoe. Candy for the Christmas trade at the Kitchen fresh and clean. Don't buy this twiily Muff that comes from the ho!ea!e houses. We beg pardon of Mr. J. G. Samler. foreman of the- grand jury, for the error in printibg S:emler for Samler in last Tnursday's paper. Scar-Face Charley, whose deitb was reported in Friday's Oregonian, died ot consumption on the Modoc reserva tion in the Indian territory. Ad Harmon, of the Senate, has iust received a consignment of Key West and domestic cigars. Smokers, don't forget the place. P. O. corner. Judge Caples of Portland, one of the leading attorneys in the Dixon case, just concluded m the circuit court, returned home on Saturday night's overland. Hon. Rafus Mallory of Portland is in the city today. He is one of the at torneys in the case of A. Rose vs H. Wollenberg for the recovery of money. E. Da Gas. Physician and Surgeon, office in Marsters' building. Calls in town and country promptly answered night or day. Residence, 911 Mill street. The party who left an umbrella at the Corinne show last Friday nizht can have the same by calling at the Flux dealer office and paying for this notice. District attorney W. E. Yates had bis brother and partner. J. Fred Yates. come up from Corvallis to help in the grand jury work during the trial of the Dixon case. Hamlin's Wizard Oil Co. will give a week's entertainment at the Opera House, beginning tonight. Do not fail to see them. Admission only 15 cents. Worth four times the money. Henry LeveDS of Harney country paid a visit to relatives and friends in Doug las county last week, and spent several days in this city in company with his brothers, Williiin and Grant. Judge Fullerton has rendered a de cision in the contest of Georce S. Harris against M. Riley, for the county judge ship of Curry county, lho conteat is dismissed, and 31. Riley remains judge. Of the 12,070,152 families in the United States in 1S90, G.06G.417 families, nearly 43 per cent, own their homes, while the 52 per cent occupy rented homes. Of the C,0e0,417 families who occupy homes, 72.03 per cent are free from incumbrances. Tho second quarterly meeting of the United Brethren church will be held next Saturday and Sunday, December 19th and 20th, at Pine Grove church. Services to begin at 2 p. m. December 19ib. All are cordially invited to attend. Rev. E. C. Wvatt, Pres. Elder. Taylor and Crow last week pounded out ome $000 in two days with a hand mctar at their ledge down Rogue river. They are preparing to send another car load of ore to Ashland. The oro has to bo packed on mule back 10 miles, and i...i.i i, u-Qtrnn bit. but all they havo sent to Ashland thus far has netted over (100 to the ton. One abuao iu our court proceedings that has been noticed and commented . l... .,V,i;. ,i-n aril ti1n.1Pfd to BeO. baa been largely curtailed by Judge Fullerton of late, viz: tho contiuual bickering among attorneys about trivial matters while caeca wero on trial. The indffft. out of a apirit of accomodation i ..,,. tian lwon loo indulgent UUU lrUUiiuo;i ' - and wo aro pleaeed to note he haa net hla foot down on tiiem souiemiai. DIXON'S TRIAL. Tho taking of testimony in tho. Dixon case closed at 10 a. m. Friday, and tho rrosecuting attorney, W. E. Yatee, bj gan hiB plea too tho court by reading and commenting upon lho statutes do fining tho several degrees of hoiuicido, at 10 a. in., which occupied 20 minutes. Ho then turned to tho jury and for ono hour and ton minutes in a very mild aud dispassionate manner ho pled with them. He did not try to play upon tho sympathieaof the jury with any maw kish sentimentality. He dealt brieily upon the law audita purpose and the duty of the executors of tho law; tho sanctity of law; tho sacrednesa of hu man life and tho caro and deep concern that every member of society has in its strict observance, and when violated a sure and speedy punishment of offend ers or violators of law. He mado n sum mary of tho testimony submitted iu quite a dignified way, free from any charges of perjury on the part of wit nesses for the defense or unduly extoll ing tho witness for tho prosecution. His arguments wero ceitainly not very damaging to the defense by exaggerating the testimony on the part of the etato in picturing tho defeudant aa a deep-dyed villian or the deceased as an angel, but that the peaca and dignity of the state of Oregon had been wantonly violated. He referred to the killing ol Charles Rico by James Dixon as a fact pioyen, and that justice demanded vindication at the hands ol the executors of the law, of whom the jury as well as himself and tho court form, for the time being under the sanctity of their oaths, n integral part. It was for .the jurv to decide now whether a crime, as he contended, had been committed, who tho cuiltv guilty party is and the nature of lho crime, if any, and under the court's in- stuiction, return their verdict as consci entious men. j. w. Hamilton's address. Mr. Hamilton began his addresj to the Court at 11 .45 and closed at 12:10, when the court adjourned tor dinner. The court room began to till at 1 p. m. and court was called at 1 : 12 p. m. aud the jury took their seats at 1:15. Mr. Hamilton uroceeded to address the jury and closed at 3:33 occupying to hours and twenty-three minute. Mr. Hamil ton waded patiently through the llood of testimony taken jti this case, and with great care. He reviewed at length ev ery materila point bearing upon theca.e. He analyzed the testimony and syntlio- ciied the facts and thsir logical tenden cies and results. lie painted to the facts which the testimony ho said showed; that the deceased bad had ill feelings toward defendant for a consid erable length of lime prior to tLc killing on a ball ground, June 14Mj last ; that Rice, the inau who was killed, had threatened Dixon, the defendaut, at di- verso times ; and that when he got an opportunity he would do him some bed- ily harm; that Rico was known as a quarrelsome and contentious young msn Ihis age wa. 24 years- . On the other hand he referred tj the testimony as showing that Dixon was generally known as a quiet, peaceable boy, scarcely lSj years ow. .ir. Hamilton dwelt upon these characteristics of the parties to considerable extent, claiming that the threats cf Rice were such as to create in the mind of D;xon a dread of him and that wh-.n U.ce advanced upou him, as he claimed Rice did, Dixon naturally supposed Rice meant to put h:s threats into execution and therefore, he claimed, Dixon was jjstified in shooting Rice in self defense. Such iu brief was Mr. Hamilton's line of argument. in. caples' addkes. Precisely at 3:43 p. m., Judge Caples proceeded to address the jurv. Mr. Caples referred to the highest law of j Nature, God and man the law of self I defense as being an inalienable right I belonging to every living leing. This right cf self defense is implanted in every living thing. Some by flight, some bv mere physical strength and others, as man, by itrategy, physical strength or by the use of weapons. He then proceeded on the ground of self de fense to show- that the accused at the bar bad acted in self defense when he shut Rice, who on that fatal day was ad vancing upon Dixon, in a theatening manner. .Mr. uapiea uiu not go into so extensive an examination of all tho teli mony as he did upon the logical se quences of the conditions leading up to the culmination, a justifyablo homicide. Mr. Caplcs spoke ouo hour and ten minutes. L. ISILVEf's ADDUESS. To Mr. L. Bilyeu of Eugene was as signed the duty of closing tho argument on the part of tho State in thia remarka ble case. At the adjournment at 5 p, m. it was announced that Mr. Bilyeu would make the closing argument, upou the convening of tho court at 7 p. m. Long beforo 7 o'clock the court room was packed to hear the summing up in final argument in the case. So when lho court was railed there was scarcely a square foot of floor space not occupied. At 7:28 p. in. Mr. Biljeu rose and ad dressing tho Court Iwgan Iub citations of, and commentn upon authorities and the Statutes of Oregon, relating to crimes. He maintained that :i crime had been committed and that the prisoner at tho bar is thu criminal. He reviewed at some length the testimony produced on trial. In answer to the charges that the deceased was contentious and quar relsome, that.he had had frequent fights with others, admitting that aa a fact, ho said: It does not, as it ought not, cut any figure in thia case, for, said he, tho Slato haB proved tho killing by tho de fendant and thus made out its caeo so far; and now it devolves, by statutory provisions, that tho burthen of proof falls upon tho defense to prove u justifiable homicide. Justification, he contended, tho defoneo had failed to proyc had not shown Ihat ho was as sailed by the deceased at tho lime de fendant ahot him. lie appealed to tho jury lo consider their duty to lho Stale, to eocioty and to themselves, and gi audi a verdict ns their conscience a proved, and ho would be aatisllud. With them tho question ia left Upon them devolved the result, whether good orbad. Mr. Biljeu spoko just i min utes. Judge Fullortonat 8 o'clock Saturday morning delivered tho following CHAlttlK TO THE JL'KY: Gentlemen of tho jury I wish to thank you for the careful attention which you have paid to tho witnesses in this long trial. You havo hoard tho facta tn thia case from tho witnesses who have ap peared beforo, and it now becomes ray duty to instruct you brieily upon tho law governing thia case which you must ap ply as best you can to the facta that have been produced beforo you by the wit- neseea who l.nvo testified in this case. No. 2. This defendant, James Dixon, ia accused by the grand jury of thia county of tho crime of murder. Tho in diclment alleges that: "In tho County of Douglas and State of Oregon, on June 15th, A. D. 1S90, the aforesaid JanieB Dixon then and there being, did then and there unlawfully, purposely and of his deliberate a premeditated malice, fe loniously kill Charles Rico by then and there in the county and slato aforesaid, at tho date aforesaid, purposely and of his deliberate and premeditated malice feloniously shooting him, the aforeaaid Charlea Rice, with a revolver (yun), contrary to the statutes in such case made and provided, and against the peace and diguity of tho State of Oregon. No. 3. To this indictment the defen dant has entered a plea of not guilty and by that plea of not guilty tho burden is placed upon the plaintitr, the State of Oregon, to prove every material allega tion set out in the indictraont herein be youud a reasonable doubt. No. 4. A reasonable doubt defines itself; it is a reasonable doubt; it is not a possi tie doubt ; it is not an imaginary doubt; it is not a captious doubt; it is that condition of the case which after a careful examination and full cou:idera tionofall of the evidence in the case that leaves your mind in that condition that you cannot say that you have an abiding conviction to a moral certainty that the defendaut is guilty of the crime charged. No. 5. The indktmcut iu this cause charges that the defendant on the day mentioned in the indictment did feloni ously, purposely and of his deliberate and premeditated malice kill the de ceased by shooting deceased with a pistol. No. 6. lho evidence in this case tends to show that the deceased was shot by the defendant at the tiuio and place mentioned in the indictment aud a short time thereafter, or immediately ihtre afterdieJ from the effects cf tho wounds to received. No. 7. The charge in this indictment constitutes murder in the first degree. The law of this state provides that : "If any person shall purposely and of delib erate and premeditated malice kill an other, such person gball be deemed guiltv of murder in the first degree." No. S. Purpose, malice, premedita tion and deliberation are necessary to be shown to constitute ruurder in the first degree. No. 9. This indictment charges that the defendant committed the crime pur posely. The word purposely means in this connection in which it is used, that the act was understanding and inten tionally done. No. 10. The indictment further charges that it was committed with de liberate and premeditated malice. Pre meditation in the sense in which it is used in this indictment means a design formed to commit the crime cfiarged be fore it was done. Deliberation is only prolonged premeditation. No. 11. No particular time is neces sary within which to form the design, but in order to constitute deliberation the design to commit the act charged must exist in the mind of the party charged with its commission. No. 12. Tho term malice in the sense in which it is need in this indictment means that the act charged was done to injaro some one and may be established by proof or by presumption of law. No. 13. Tho law provides that there shall bo aomo other proof of malice than the mere proof of killing to constitute murder in the first degree, uuless tho killing was effected in the commission or attempt to commit a felony, and deliber ation acd premeditation when necessary to constitute murder in the first degree shall bo eviuced by poisoning, laying iu wait or some other proof that the de sign (was formed and matured in cool blood and not hastily ou the occasion. No. 14. The law presumes malice from lho deliberate mid unlawful use of a deadly weapon causing death within one year from the date of its use. No. 15. The law r.lso presumes that a man intends the natural and ordinary consequences of his own nets. No. lfi. Under thia indictment the de fendant may be found guilty of murder in the second degree. Murder Ju tho second degieo is defined by our law as follows: If any person shallpurposely and maliciously, but without delibera tion and premeditation voluntarily kill another, or in tho commission or attempt to commit any felony other than rape, arson, robbery or burglarly, such person shall be deemed guilty of murder in tho second degree. No. 17. You will observe ihat thodis tinction between murder iu tho first de grce and murder iu tho second degree ia this. In murder in tho first degreo pre meditation and deliberation aro neeea- aary, where as in murder in the secoud degreo purpose and malice must bo shown, but deliberation and preiucdita lion need not appear from the ovidouco No. IS. Under this indictment tho defendaut may bo fouud guilty of man slaughtor. Manslaughter ia defined by our codo as follows: If any" person shall without malice expressed or implied, ond without deliberation iu a euddeu heal of paesiou caused by a provicatiun ap parently sufficient lo make the passion irresistahle, voluntarily kill another audi iki'koii shall bo deemed guilty of mattlaugh(cr. No. 19 ALiiisIaughtcr is dislinKiiiilird from murder chiefly by the Hbeenuo of malice utid deliberation. 'I he law u-akeH the killing of a human being muns'augh ter when it is couimitteJ in a sudden heat of pajbion caused by a provoiu'ion eu llicicnt lo excite a:i irresistible pas sion in a reasonable pcrsou, ono of or dinary Eelf control. No. 20. If jou find from the evldenco in this caso beyond a reasonable doubt that thu defeudant fired the el.ot that caused tho death of tho deceased as al leged in tho indictment and that in so doing a crime wa9 committed, then you should find the defendant guilty of either murder in the first degree, murder in the second degree or manslaughter. No. 21. If you find that the defendant killed tho deceased aLl that a crime was committed by defendant in eo doing in order to find him guilty of murder in the first degree you must find beyond a reasonable doubt that the act of defen dant which caused the death of the de ceased was dono purposely and of delib erate and premeditated malice. No. 22. If you find from the evidence that a crime was committed by defend ant, but without deliberation and pre meditation, but find beyond a reasona ble doubt that the same was committed purposely and maliciously theu you should fiud the defendant guilty of mur der in the second degree. No. 23. If you find from tho evidence that the defendant killed the deceased, that a crime was committed by defend ant in soloiog, but that the ait of de fendant was without malice, expres3 or implied, and without premeditation and deliberation, but upon a sudden heat of passion caused by provocation apparently sufficient to make the passion irresisti ble, and that the deceased died within oue year from the injury inflicted by de feudent then you should fiud the de fendant guilty of manslaughter. No. 24. You must find Ihat there was an intent on the part of the defendant to do the deceased an injury, beforo 8Dy crime can Le made out by the State. No. 25. The law of this state provides that in certain cases tho killing of a hu man being is justifiable. It provides that it is justifiable when committed to prevent the commission of a felony upon the person of the party who does the killing or upon property in his osses- sion. No. 20. There has been some evi dence in thia case tending to show that there had been some difficulty between deceased and the defendant pricr to the day the killing is alleged to have oc curred. There is evidence of some threats made by the deceased toward the defendant, and that these threats were made in the defendant's hearing or com municated to him by persons who heard the same made prior to the date of the alleged killing, you have heard the evi as to the threats and should give this testimony such value in considering this case aa you may deem it entitled to. No. 27. There is evidence tending to show that on the day the killing h al leged to have occurred, the deceased and the defendant, with a number of other persons, were present at a bssa ball game in this county. That some diffi culty arose between the parties engaged in the game about whether a strike made by one of the players iu the game, that some words passed between the de ceased acd the defendant; that the de ceased commenced drawing hisco.it, and it is claimed by some of the witnesses that deceased advanced towards tlw de fendant, as he wa9 drawing off his coat, when he was shot by the defendant. Tne evidence tends to show that he was shot twice, the shots following each other in rapid succession. There is evi dence tending to shew that the deceased was a large and owerful man No. 2S. If you should find from the evidence that the deceased made towards the defendant any demonstrations which would lead the defendant, acting as a reasonable and prudent man, to believe that hia life was in imminent danger of great bodily harm at the hands cf the deceased, then be would have a right to defend himself and if n.'cessary would have a right to take the life of bi3 assail ant to preserve his own life or to save himself from great bodily harm. No. 29. But before you can find that tho defendaut was justified in taking the life of the deceased, you must find from the evidence that the defendant acting as a rcaeonale and prudent man had reason lo believe that he was in immedi ate danger of death or great bodily harm at the hands of tho deceased. No. 30. The danger must have ap peared to him to have heeu a present and imminent danger; he must have had reason to believe at tho moment ho fired the shots ttiat took the life ot de ceased that he was at that moment in danger of death or great bodily harm at the hands of tho deceased. It would be no justification for the defendant to take the lifo of the deceased if ho had reason to believe that ho might at some time iu tho future bo in danger at tho hands of tho deceased, but the danger must have appeared to tho defendant to havo threatened him at tho very time he sho the deceased, and in that connection you liavo :i right to consMor the previous Don't expect Scifisfs Best tea liaVm powder toffee ll.iwn extucts mmI.i itml ;.. t s to turn the world upside down. They won't; but they do lake some of the wrinkles out of living. l'ur sale by Kruse & Shambrool: Highest of all in Leavening Power. Latest U. S. Gov't Report Absolutely pure difficulties between the deceased and the defendant, if any aucl difficulty ia proved; you have also a right to consider the threats made against the defendant by the deceased if any are proved !o have been communicated to defendant; yon have also the right to consider the fact if such is proven that the defendant was in fear of the deceased, and also the light to consider the evidence which tends to show that tho deceased was a large powerful man, and the difference in the size and weight of the deceased and defendant. No. 31. There ia also some evidence tending to show that the deceased bore the reputation in the community in which he resided or lived of being a violent, quarrelsome and dangerous man, you have heard that testimony and should giye it such weight as you may deem it entitled. No. 32. If you find from the evidence that the deceased bore the reputation of a dangerous man, and that fact was known to the defendant, you have a right to consider thia evidence in consid ering whether the defendant acting S3 a reasonable and prudent man had rea sons to believe that when deceased made demonstrations toward defendant, if you find that he did make any demonstra tions, that he was in danger of death or great bodily harm at the hands of the deceased. No. 33. There is some evidence lend ing to show that the deceased was in the habit of going armed, you have heard this evidence and have a right to con sider it. If you find it to be a fact that the deceased was in the habit of carrying a pistol or knife or other dangerous weapon and the defendant knew that such was the deceased habit, then you have a right to consider it, if you find thai the deceased made any demonstra tions towards the defendant prior to the firing of the shot that would lead the defendant to believe that he was in danger of death or great bodily harm at the hands of the deceased. No. 34. There ia evidence before you tending to show that the defendant has always borce the reputation of a peaceful law abiding boy in the community in which he tias lived, a number of wit nesses who have known the defendaut for several years havo so testified, you have a right to consider this evidence. The law presumes that a man who has heretofore born the reputation as a peaceable aud quiet boy is not aa likely to commit a crime, Isueh as the defend ant ia accused, aa one who.haa borne a reputation other than that of a quiet and law-abiding man. No. 35, You, gentlemen of the jury are the exclusive judges of all the facta in this case, as well as the weight of the evidence and the creditability of the wit nesses. Every witness before ycu is presumed to speak the truth. Thia pre sumption however, may be overcome by the appearance cf the witness upon the witnesa stand, by bis or her manner of testifying, and by being contradicted by the testimony of other witnesses. No. 3G. You have also the right in weighting the testimony of a witness to take into consideration the interest which the witness may have in the re sult of the trial, and to take into consid eration the relationship, if any, which exists between tho witness and the ac cused, or the witness 3nd the deceased. No. 37. A witness may be impeached by showing that the witness baa made statements out of courts or in other courts which conflict with the evidence given by the witness on the trial before ou. No. 3S. If you find from the evidence in this cause that any of tho witnesses examined before you have made state ments at other times and places, either under oath or otherwise, which contra- dicls the testimony of such witness on the etand, you have a right to consider that evidence in weighing and determ ining the value of the evidence of such witnesa ou this trial, and it is a rule of law that a witness found to bo false in one part of his testimony ia to be dis trusted iu all of his testimony. No. 39. If you find from tho evidence that the deceased entertained malice against defendant, or had made threats against defendant prior to the difficulty, and you further find that those threats had been communicated to defendant, cr ihat defendant knew of such malice, then if Rice was advancing upon defend ant at the time of the shooting in a man ner to reasonably cause defendant to be lieve that his life was in danger, or that great bodily harm was about to be dono him, then defendant had a right to act upon appearances, even to the taking of deceased life, if he honestly believed it waa necessary. 10. Under this indictment you can find tho defendant guilty of either mur der in the first degree, murder in the second degree, or manslaughter. If vou should find the defendant not guilty you will so say by your verdict. THU VKKIHCT. The verdict of the jury was "uot 1 guilty." A large invoice of Bibles and Testa- uients just received at II. C. Stanton's. Bibles, from 20 cents to $1 ; 'IcsUuiienta, 5 and 10 cents each. McKiuley enffee at Alliso'i'.s. It will give you coiitidence, cause you to dream of prosperity, nud protect jou in your declining yenre. Dr. Fred llayues does crown ami bridge work iu an up to dali maimer. Powder NOTES OF INTEREST. Coal tar and resin at Marsters. Ladies' fine ehoes at Parrott Broa. J.T. Bryan, the Buay Watchmaker. Shasta "Water at Slow Jerry'n cigar and drink emporium. For a good smoke call at Slow Jerry'a bazar, and get a Los Amorea cigar. Delicious "salt-rising" bread at the Home Bakery, corner Oak and Rose streets. Nothing but the best malerial used by R. W. Benjamin, dentist. Room 1, Marsters' block. Niece will sell you candy for Christ mas trees cheaper than any one, at the Candy Kitchen. Fresh home-made bread at the Home Bakery, corner Oak and Rose streets. Alice Baldwin, proprietor. Teeth extracted absolutely without pain by R. V. Benjamin, dentist, room 1, Marsters' block, Rossburg, Or. Parties deeiring family sewing done would do well to call on Miss Fannie McKean, 421 Main street. Will sew for 75 centa per day. Slow Jerry, the jeweler, ha3 just re ceived a fine lot of ladies and gents gold filled watches. They aro beauties and no mistake good timers, too. You can get knives for 5 and 10 centa and from that price up to ?o. Each knife well worth the price asked at Churchill, "Woolley iMcKenzie's. Good adyice : Never leave home on a ourney without a bottle of Chamber lain's Colic, Cholera and Diarrhiea Rem edy. For sale by A. C. Marsters & Co. The Candy Kitchen Kitchen ia busy night and day making fine candy for Christmas trade. Don't overlook the Kitchen if ycu want candy that ia St to eat. Go to M. F. Rice's Second Hand store, Hendricks' block, for late improved Singer Sewing machines, needles, oil, etc. W. C. Moxeoe, Agent. Caro Bros', closing out sale is drawing crowds to the Boss Store. Low prices and quick eales is the crder of the day. Guod3 must be sold at any sacrifice. Cali and see. John & Lee, 220 Main street, next door south of Van Houten, have fine China ware and Japau goods, ladies underwear, toya and firecrackers, etc. for sale. All a? cost till Dec. 31st, 1SSW. Two tracts of land for rent, containing one 10-acre and one 15-track within 12 miles of town, fair orchards on each place. For further information call on I. F. Rice. Real Estate Dealer, Rose burg, Oregon. If you have hay, grain, bacon, beef cattle or a good buggy you wish to trade for lumber, or if yoa v.ish to buy a bill of first class fir or cedar lumber, you wil save money to call on Orro A. Axlacf Comstock, Oregon. Bargains, bargains, at M. F. Rice's second band, hardware and furniture store in Hendricks' Block, opposite the depot. Second baud scods bought acd sold. Call and examine my goods be fore purchasing-eliewherc. Buy of me and save money. Competition never worries us, because we "bay right" heace "sell right." The facts are these; every move in our business is only made after the most careful consideration, nothing left to chance. Shoes have advanced in price but not with u?. "We sell you a good oil grain shoe for $1.25 and upwards, fine shoes in proportion. If you doubt us, come and see us, convince yourself that we have what we advertise. "We don't care to do all the business iu town, but want to get a share of it. 'We firmly believe that u concern that gives its customers exceptionally good values iu eyery instance ia boaud to go ahead year by year. Thia idea prevails throughout our entire business. Every dollars worth of gcoda must give the wearer satisfaction, even the all wool absolutely fast color ?S 00 suits. J. Abraham's Clothing House. Xmas Offerings. New gooda and new prices. A hand sumo doll will be niven with every package of baking iovder bought of Mrs. It. "W. Rapp at the People's Gro cery. Mauy of the dolla are wurth twice the prico of a can of baking powder. Every can guaranteed to be us good as any powder in the market. Awarded Highest Honors World's Fair. Gold Medal, Midwinter Fair. Most Perfect Made. lo Years the Standard,