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
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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,