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About Lafayette courier. (Lafayette, Or.) 1866-1??? | View Entire Issue (May 9, 1873)
JL * * 1— f TERRI^RIAL. It { very often occurs that crime is might have the effect, in certain, rection of the triumph of Coxon, committed when there is ho one pres cases, to raise a doubt which L. P. Beach, Surveyör General of L or if they were not. then jfcction ent to witness it ; and in all such would otherwise toot be considered I n the C ircuit C ourt of Washington Territory, diedin Olym ences the offender must go unpun- ... 1873. and non action were devoid of sig State of Oregon for Yamhill Cot L FRIDAY, ' MAY 9 . i ' ished if his guilt cannot be estab- a reasonably one—to the standard pia on the 26th ult. nificance whatever. April term« 1873. of a reasonable doubt. liriied by circumstai ntial evidence. The workmen have begun on the of Oregon vs José ph Cpxon r f .The records of criminal trials dis . Although it was a momentous , — State NOTICE. It is your duty, gentlemen, to new Penitentiary at Steilacoom, W*. Indictment for. jRkflé». Jp, close a number of instances where juclgib of the law as it is given you crisis in the career of Joseph Cox G entlemen of , ti I h J ury :—The innocent persons have been convicted Henceforward, until further notice, T. Defendant, Joseph Coxon. is charged by the Couirt,. But you are the Frank C, Wither» and Frank Owen are on, when he heard the tread of the . ..J 'Jil.. 1J h: •• • JUL bai.'« <«, (Ti .<».<) .«• upon circumstantial testimony ; but . Only eleven, marriage licences by this With the p- indictment, ---- —---- ~~------------------------- ? criipe of such unfortunate occurrences are the sole ‘judges of the credibility of were issued at Olympia during tho authorized to collect and receipt for sub jury approaching the bar of the murder in tho first degree. result, I think, more of a lack of witnesses a ¡nd of the value and. scription» and advertisements and other Court, bcaripg as he knew the ( The following is the statutory def- good judgment and discrimination in sufficiency of the testimony, to sat first four months of this year. business of this office. Other duties call inition of that'.Cmair “If any per tne jury than thè fault of this kind A rich ledge of coal has Been struck ing I shall devetfebut little attenton to the message which must in a moment son Shall purposely and of deliberate of evidence, ! It has been held by our isfactorily prove any given prop in the Puyallup Valley, W. T. m premeditated malice, dr in = the most eminent lawyers and jurists, osition or charge in the indict- indict paper in the future, for some time at least. say either liberty or death, yet and premed --• ! - o O r to com mi any or attempt commi commission The Washington Territory Peniten J. H. UPTON. that circumstantial evidence is as ment. April 18, 187& that was infinitismal compared n, robbery dr burglaryu kill rape, arson, conclusive and satisfactory as any, A witness is presumed to tell tiary is expocted to be finished in to the great drama it inaugurated another, such ---- pei irson shall be def med when a case is fully and thoroughly about seven months, at Steilacoom, the truth, but his credibility as W. T. 1 guilty of murder in the first .degree. made,out by it, and I think this is1 THE HASBROOK MURDER CASE. and made possible yet before him. .oqs not true. But it should always be borne such may be impeached in various In this case the indictment doqs By its authority a murderer stalks charge that'the murder was coimnit* 150,000 hoop poles were e shipped 4 snanit« in mind by jurors that where a case ways. A witness • may impeach The jury in this case returned forth 1 not to communion with ted by Defendant enaant while wniie in m the ino com- cora^ depehds solely on circumstantial ev himself by his manner1 of testify from Steilacoom, by Mr. . Phillip conimit any of idence, there should be such a com ing and by making contradic Reach, for San Francisco on the 26th i its very extraordinary verdict af things pleasant to reflect upon; minion or attempt,to Ult. " T tho other crimes referred to, and ter our paper had gone to press not to mingle and commiglc with henci you will not /»iisider this; cdse plete chain or array of circumstances, tory statements while on the wit indicating thè guilt of the accused, Thirty-three names have been en last week, and hence no reference and be trusted by his fellow men; with any reference to such other that they are not susceptible of any ness stand. A witness may also rolled in the Olympia Military com crimes. hi j reasonable explanation, consistent be impeached by showing by other pany. was made in the editorial columns not to joy and gladness unal 'crimbs. The Defendant plead’ not g^iby with the Dèfenaant’s innocence. witnesses tihat he has made con ! ♦ I to the affair in that issue. to the charges preferred againstjhim. A Post Office has been established loyed, but to the perpetual com If you can explain away these cir tradictory statements at different I| is needless to say that nearly panionship of a conscience whose This plea puts m issue all the gate cumstances on some other reasonable times, concerning the subject mat at Evartsville, Whatcom Co., W. T., rial averments in this indictinenjt and with G. W. Wilbur, as Postmaster. the entire community were sur chief fuuction in future shall be to makes it necessary J ,Hcfore a jll ivjc- hypothesis than that of the iguiltjof ter of his estimony ; and, also, by the accused, it is your duty to do jso. A Washington letter of April 16th, for the State to irovje But, iff in your sound judgment, care proving tfrat his reputation for prised at the finding of the jury. smite and smite continually the tion can be had, foi says that Josiah T. Brown has been jd 1 |a such material; averments bey< neigh fury exercised, you can see no other truth and veracity, in the neigh- A great crime had been committed most monstrous of sinners. The reasonable doubt. ; appointed Register of the Land dirges rational, solution of the circumstances borhood vHiere he lives, is bad, Office at Olympia- No mention has and. a mass of trustworthy evi spectre of poor, murdered Has The material averments or cl proven, than to infer from them that and that lie e would not be believed been made of it in the telegrams. made by this indictmi ¡»ent against the .the Defendant is guilty of the crime dence was adduced all tending to brook will haunt his pathway, his a under oath. • I charged, then you should find him The Puget Sound Banking Compa One witness is sufficient if un min; Hasbrookj was •guilty ; otherwise you should acquit. the conviction that it, could have day dreams and his night dreams, ny, at Seattle, has suspended. It is < ; Crimináis sometimes, in their great impeached and uncontradicted, to relieved that they will resume again been yonc other than Coxon who through life, and after death, well sho' i killed in Yap anxiety and zeal to divert suspicion prove any given fact in a case like in a short time. did the deed. His maneuvers at —then comes the judgment! i CO1 ,u-* .! I 'from themselves, make statements’ or this, if he appears to have a full .4 was shot apd and killi killfc ¿d by admissions which, taken with all the Olympia is expecting a balloon as the scene of the tragedy; his con and correct knowledge of fhe sub t, Joseph Coxon. f thei Defendant, cension soon. other facts and circumstances proven, flicting statements concerning it; WILUAM BENEDICT CARTER ! wag J doi ie by tend strongly to establish their guilt. ject concerning which he testifies. 4. That such killi“ g - ------ the Dofendant in cold 1 blood, or ».with You should carefully consider all iñ-bOÍ Spmetl ing has been said in the All the livery horse* in Montana the manifest trepidation evinced And yet, notwithstanding we premeditation—wirii malice Afore statements of thia character, and if argument _o____ of this cause about the and Idaho are down with the epi by him at the time;, the utter im have been so wantonly and malic thoughts ; i .u o zootic. by any reasonable solution you can Malice implies an evil design br de reconcile them with the truth, it is interest fend zeal manifested by probability of his story of the com iously assailed and vilified by The will of the late L. P.T Beach trini your duty to do so ; if you cannot so some of the witnesses f and to e to kill kiu a another, not her | Upon thddrial mission and manner of the fou this man Head; and notwithstand sire has been opened. He bequeaths his show the extent of such interest n the; a person indicted for murder of I reconcilè them, you should examine property half and half to his mother stain murder—in fact all known cir ing his quotation, in last issue, of first st degret\ there must.be, to si and determine what mdtive induced and zeal, i all proper inquiry has and Miss Mary A. F. James. alice, .It is your pre cumstances in connection with the abnse of us and slandeKfrom the the charge, some proof of n kill- such false statements and give them been allowed, L afayette C ourier , a miserable, other than the mere proof of th such weight as they are entitled to, determine whether wit- ince to awful and revolting deed bore characterless, libelous sheet, pub tog. in : ! wi . ,'-ii i ! Iki in determining the case before you. nesses’ha ve manifested an improp- TELEGRAPHIC BREVITIES. - - 1 /• heavily against the prisoner. lished by that moral leper, J. H. The law presumes malice frofti the In considering the statements made deliberate use of a deadly Weapon; ;by Defendant before the committing er interest in the investigations Bands of .Mexican robbers arc? Op There seemed nothiug wanting to Upton, we have no disposition to but thht presumption must bri sup ^magistrate, at the Crooner’s inquest Mich ha ve led to this prosecu- erating in Nueces county, Texas. convict him as charged in the in retaliate in kind— but in all ported by seme other evidence* Either and at other fîmes and places you tibn. It is hardly necessary for or circumstantial, to (Sustain will not only consider all that was me to sat to you that it is the du Gen. Sherman will send all the dictment save the want of evi the earnestness of our soul, can positive this indictment, troops that Gen. Schofi ld needs to pray: “Father, forgivo them.” all good citizens, when a aid in putting dence of “malice! ” In other 1'here ar»| three degrees erf uiijusti- .said by the Defendant;1 but you ty of al down the Modoc war. Moral leper is good — coining will consider it in connection with great crime jias been committed iu icide: the first of il ’ hich. liable horn: »^words, it was contended* and the 150 U. 8. sol iers left Ney York degree, I ha de- ‘all the testimony in the case on their midst, to be prompt and dil L_ first ........... from that wreck of poverty and murder in the on the 4th inst for the Modoc cquntry. Judge’s charge lent weight to the irder in ;r scribed to you. The second, mu both sides, and if you can recon igent, in every way that is proper mopument of shame — our good the st cond degree, is where there is cile the samé consistently with and reasonable, to find* out the theory tha ta “motive” must be Oakes Ames is stricken with para ¡ration or ptjemed- Bro: W. B. Carter. And then he ind previous deliberai lysis and is not expected to recover. perpetrator of the crime. You the Defendant ’ s innocence, you proved! To all observant minds itatitm ; bat with this excepti<in the '4 talks about praying for us in ’ con me is essentially ghould do so ; if not, then deter will judge whether the bounds of definition of the erime that “motive,” whether sufficiently 100 boys escaped from the Worces- ■ in the first de- mine what weight it is entitled to reason have been exceeded in this ter, Mass., ReforiL same as mu 'orm school on the proved or not, was apparent junction with the editor of the the mans^ugh- in support of the prosecution. gree. The third r-espect, and whether witnesses morning of the i>th inst. Democrat ! Pray ! truly 1 Is the tpr| enough. The wife of the victim of wr, is where wiicrt? the mt? kil, « umuq . is unjustifi In criminal trials the ,question have manifested a degree of zeal man mad? One of his devotional able and unexcusable. and is without It is rumored that Stokes has been the hideous crime for the com- in their investigations, inconsistent denied of the good character of the aé- malice, express or implied, and| and | with j a new trial. exploits is a matter of notoriety ! r" mission of which Coxon was ar out deliberation, upon a suddert theat fcused, prior to the time of the with the exercise of correct judg about Corvallis, to wit: prostrate of passion, Laura D. Fair sues the lessee ¿on, caused by a provocation Commission of the crime charged, ment. raigned. was obviously enough, of Platt’s HaR/ San Francisco, for >pparei|tly sufficient *o make the js sometimes invoked in support of upon his bended knee lieforea for fir Under the testimony in this case ♦ 209 either with or without her knowl- damages, caused by closing the irresistible. )• i the defense. ; The door to inquiry you must find one of tfie*; following est maiden, and suddenly and as msiion hall on her last November. The Defendant in this cat iel i is ’ edge, connivance or consent, the three forms of verdict /- . • , ... , , ’ ’ ¿J on this subject can only be opened with having killed sa£id Has if by lightning impulse, ; lie charged chai prize coveted or was in some way 1st. Guilty, as charged in the A man named J. D. Robinson was brook, by shooting him with a shot by thé Defendant. If he does not stretched both his hands heaven gun, loaded robbed and murd red at his home with gun “• 1 powddr and Choose to open this door, then the indictment. • > the subject and object of the atro $bout 5 miles from Oregon City, on ward, rolling his eyes in that di teaawilNo. 2 shot, taid: that the act few presumes that he was pos 2d. Guilty of murder iu the the 6th inst. cious and fiendish taking off of tl 4th day of Feb- sessed of an ordinary or*fair aver second degree. V ; • I rection so beseechingly as to pro was committed on the poor Hasbrook. It is possible she ruary, 1873. b [ ‘ it James L. Orr, Ambassador from 3d. Not Guilty. voke the ire of the maiden afore So far as the time and ; manner of age character with other men, and the United States, dvd in 8t Peters- ’ knew nothing of the intended mur If you should be satisfied be burg, on the 6th jnst. said, when, disappointed and sur the killing arHjWijf ued< it is not the State cannot show that it was der or the manner of its commis necessary, under the law, that the less than that. yond a reasonable doubt, that the When the De prised, she burst forth: “Ida mam- State should prove th same e- Twenty-seven members of Con fendant. however, does introduce Defendant deliberately shot and sion or the motive prompting it. and fo¿m al gress have returned their extra com uck coqua ! Nika turn turn, mika ally, in the ma evidence on this subject, then the killed Benj. Hasbrook, in all' re- pensation We say it is possible, and when cient, in re- leged. But it is to the Ti easury, in the ag- ’ hyas piltun. Klose mika potlach sit- sjK'ct, if you are itisfied ft the question is an open oue and the spects as charged in the indict gregate amounting to 1111,000. we say this much we think we give mika tickie klattawa. evidence that the Defendant shbt apd Statesmay show if it can be prov ment, except that you are not sat Col. Foster, of Indiana, new Minister tok her the full benefit of all that is cum dollar; ’ —»g»*» killed the said Hasbrook, with? some en that the Defendant’s previous isfied with the evidence of the pre due her actions rrom the date of the kind of * gun or fire arm, und th^Vthe character was bad. And the De meditatation, or if you are not Mexico, has received his instructions sn<l will leave for his post next month. We*"understand that a' meeting act was done at some time prior to fendant may prove, if he can, that tragedy down to the hour that, a satisfied, that the State has fur largely attended by the neighbors the date of the finding of the indict he possessed an unimpeachable nished dtliet proof of malice in ad A proposition has been made to hunt the ment. J; ’ ]JpTj'.; 1 J'.’' ' jury of his peers pronounced Jo Modocs out of the Lav-beds with blood of the late Benj. Hasbrook has In all criminal prosecutions ionse the character, or that it was better dition to that which the law hounds. seph Coxon “not guilty.” We been held at Sheridan. The de law presumes that the accused Us in than the average. Inquiries on presumes from the proof of delib The epizootic is growing worse in Baa hope we would be incapable of ut J 1—J this subject must be limited, how erate shooting or killing, then you finite object of the convocation nocent until he*is proven $ Francisco. Thirty horses have died ia two you must be satisfied of hi tering one word which might in ever, to traits of character neces might find a verdict of guilty of days. we did not ascertain. It is prob- yond a reasonable doubt, sarily involved in the crime murder in the second degree. the remotest degree lacerate the convict. By this it is not The earthquake at San Salvador stni con - able that it would not be entirely can charged. For exampié, when a Gentlemen of the Jury :—I now tinues. that you must be satisfied of t feelings or add poignancy to the safe for Coxon to put in his appear fendant’s guilt beyond any * person is put upon his trial for submit this case to you. You are grief of a woman stricken as one? doubt, or beyond any kind c q murder, he may show that he has the conservators of the public , About as.unprofessioua] and stu-/ ance in that region. The people would ordinarily be whose hus tion whatever, for ypu might, f always been a ' peaceable, quiet peace, as well as the guardians of pid an exploit as we have knowy a up there cannot see ’ how it could 1 i ' * I should choose to do so. r "' band had been cruelly brained by * citizen, and has not been guilt; guilty of the rights ¡of citizens. Exercise lawyer to be engaged in was the flimr sy or visionary have been any other person than some kind of fliini an assassin; but if the conduct of a J acts of violence towards his fell ow your sound judgment, fairly and dou ubt| in almod writing of a communication to the Coxon who did the foul dead. -H unreasonable )e conceived of. o£. ; But men case that might be impas8ionately. Carefully ana- wife under such circumstances reasonable^loubt 2 a rczcz" ™ is such a ddnbt as In this case, upon a motion by lyze and wpigh the testimony, and Oregonian by an assistant counsel shall be such as to encourage the would be entertained by a practical, Judge Solmon P. Chase died in Defendant for a continuance, , for return a vdrdict acdording to the of defense in the Coxon case con fair-minded, reasonable and conspien- suspicion that all is not right on Washington City on pie 7th fair-ininded. B. F. BONHAM, ............... ............. gratulating himself that a Judi-. tious juror juror ; and such as . would cause the purpose, as claimed by him, truth her part, and it should happen that of May,¿of apoplexy. Judge him io hesitate an bib among other thing, of enabling ( fear tW Judge. cial murder had not been perpet such suspicion is without founda Chase was born in ; Cornish, should find the De di ant guilty ! he him to produce evidence of his uated 1 Lawyers seldom vouch for A i rea- previous good character. It was might do him an injustice. in;* tion, why, she is doubly to be com New Hampshire, on the 13th of sonable A terrible war is going on in doubt is sue" ch as would? toflu- (. . admitted by; the State that De Louisiana between the citizens and the innocence of criminals thej miserated for being the victim of January, 1808. He graduated in ence the action of < a reasonable ijpan. mp at conclusions and fendant’s character, as a peaceable the Kellogg Government. The are employed to defend. a train of circumstances at once 1826 and was admitted to the Some men jump ahd law-abiding citizen, prior to are willing to convict on too ” JLi r , so untoward and cruel, r We have bar in 1830. In 1849 he was testimony, while others arc Somebody writes again to the the 4th day of February last, was Grand Jury, now in session at New . r i v ' r * i • rn .. Ti ¡ j • yy* and, her own testimony to the point elected Senator from Ohio. ¡He was ably kF skeptical at good as that of any one ; that Orleans have passed resolutions Oregonian to say that the acquit ---- s-ioed at not be □ convince Id it was withdut reproach, and you to have Kelogg and his officers tal of Coxon had rejoiced most that, after the firing of the fatal Governor of Ohio in 1856, and in study to avoid . will so regard it—the same as savor to -occupy tl eliot was heard by her, and upon 1861 was appointed by President appear before them. Judge Abel people acquainted with the cir LAFAYETTE COURIER. JUDGE*BONHAM’d CHARGE TO fri JURY IN THE COXON CASH, > r i ' * • * t a k ' ' ' - . ? ’ » H J • ». ».i ! I I * ?! I \ j, 11 T - I I 'll ’ll 1 ‘ I 4 I Coxon’s first visit to the house Lincoln Secretary of the Treas after the inurder, she asked him if ury, which he resigned to accept he (Coxoa) was hurt, when he re the appointment of Chief Justice plied no, but “poor Ben is,” she of 'the, Supreme Court ofthe flew not to his side but remained U nited' at the hoase, and that during that iong, memorable night, and until A Washington dispatch i of during the next day, Hasbrook’s May 1st announced the death of body laid in the corral with no James Brooks, one of the owners, covering eave a horse blanket and and editor of theNew Yosk Ex- she visited it not nor sought the press. His ] remains were taken to alleviation of the cheerless aspect New York : on the 3rd of this Borrounding it And it was ob- month in cliargc of the; feergea nt- ’e during the trial that her at-Arms --------- --- of the House of Repre- r (i • was manifestly in the di ' sentativo, I > J HIMHk M 1 *• if that fact had been satisfactorily established by the evidence of wit nesses before you . The effect of evidence of previous good charac direct ter is not to screen a person from act cha by » punishment for crime, if his guilt prov lc satisfactorily proven. ness -the saw the accused coi Men who commit crime ought that the accused adj to be punished, and the law con < templates that they should be, re gardless of any; question of previ ous good or bad character. ■ But the legal effect of evidence tends, yrith other ojT previous good character of the " fact ex- the accused, is to strengthen and support any reasonable doubt from; th» I which may efist in the minds of particular dreu the jury as to his guilt. And it ordered the report filed and that subpoenas be issued for the par ties to appear before the Grand »Jury. There is also a report against the Metropolitan police. * •* cumstances of Hasbrook’s murder and of Coxon’s trial 1 The father of liars is just no where compared to this scribbler. Fofr not grasping the thing in all its scope and pressing into It turns out that it was the the case the accomplice of the . partisans of Kellogg, the Louisana murderer of u Hasbrook, the pros usurper, who slaughtered the ne ecution in the case may Very ap- ■* groes in Grant parish. propiately be said to have been a sorry failure. / Interest in the woman suffrage agitation sterns fast ebbing. The The army worm has a appeared subject now scarcely provokes at Stokes Valley, Tulare County, California. comment in any quarter. • I ~ j-'l -. ‘J- 1 •... j . t. -’■•J’* ■ J 1 < 4 i r • s 'f I X «