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About The Oregon scout. (Union, Union County, Or.) 188?-1918 | View Entire Issue (May 28, 1891)
THUKSDAY, MAY 28. 1891. The Jury Was Hung. It was two o'clock in tho morning, Tho town was wrapped in profound slumber. Tho wind swept, across tho land at a fearful gale and moaned and rattled at tho windows. Darkness was thick and terrible, and over and anon camo driving tain against tho panes to increase tho dreariness of tho bcenc. What more awful night for such a deed as the one wo arc about to relate. Tho jury had hanged itself 1 Thoro lay twelve men in that upper room, iind "hangin' was too good for 'em." They didn't liko it. They de murred, but were overruled. They protested, but it was all in vain. They moved to strike out, but tho bailiff had tho key. Now tho reason they assigned for ties state of affairs at such an hour was that they were sent up thoro to agree, which they never could do; it was a boneless task. For twolvo hours they had balloted, and questioned, and and argued, and demonstrated, and weighed testimony what thoy could remember of it and at tho end of such a struggle thoy deliberately haiiecd themselves, lying carelessly about the jury room on bcnclms, tables or tho lloor, all, save ono, fast asleep It was tho sleep of tho just, for every ono had stood fust to his convictions Jt was a scene wo cannot describo nor portray. You remember that the urchin told tho artist "Good sir, you can't paint sound." Neither can we Had Nast been there ho could have produced a picturo moro striking than Mark Twain's Modern Jury; but ho wasn't there, and it is past. Now had wo said "Tho jury bo hanged," the meaning would bo different; but wo did not, for wo were among them and, ns dead men tell no tales, that would havo boon against us in the future Wo therefore, for tho timo being, for got tho present situation and rambled back over tho paths that led up to it, Tho case had been in court before Thoro had been hitches and confusion, delays, disputes and debates, with a layover to tho present court. Several follow citizens had figured before tho court to testify, and there tho jury stood, as a lamb buforo its shearer, and opened not its mouth, but oneo. Wo listoned acutely to everything, followed tho witnesses along their broken and unbroken chain of evidence (except when counsel would object or move to strike out) and the attorneys to tho end of their thread of argument, and it was all liko tho limb that knocked tho fellow simple ft was too long Jt hit tho whole jury. Thoro had been whiskov firing and cross tiring, and strango and far-fetched interrogatories The attorneys had disagreed, which was not now or uncommon. Tho jnduo had ruled and weighed tho law and tho evidence, and done all that could bo done to decido tho causo, ex cept not to decide it, for this ho want cd to leave to tho jury twolvo honest jurymen, tho plaintilfs peers who were to tako tho evidence as it camo, distorted, crude and ill-shaped, having been torn to tatters and picked into fragments by the attorneys, and hedged about with instructions, and render a fair and impartial verdiot. Tho learned judgo said: "You aro tho solo judges of tho credibility of tho witnesses and tho weight, of thoir testi mony; tho appearance of tho witness upon tho stand ; his apparent candor or lack of it; his means of knowledge of tho tilings testified; his interest in tho result of tho causo being tried; tho reasonableness of his story ; of these and all the facts and circumstances nt rolated to the testimony you aro to judgo, applying thereto your common sonso and general knowlodgo of men and things." This was tho task beforo us, and wo tvolvo wore to go away and weigh tlicso various matters and return a unanimous vordiot for plaintiff or for defendant, with ono juryman a brothor-in-law to defendant. Wo had boon se lected becauso wo know nothing about tho causo and no questions asked or probabilitcs weighed as to whether wo over would know anything about it. Wo heard tho evidence as delivered by tho witnesses, yot mado no minute that could guido us in our delibera tions, Tho court and counsel had this before them in full, yot tho jury must tako up and divido botweeu tho parties, bring ordor out of chaos, jus tice out of Hat contradictions and nu merous absurd and unreasonable statements, and wo must bo unani mous and harmonious in our decision ; wo must try first immpressions, and if thoy wero all alike tho work'was dono; olso wo must examine instructions, recall tho testimony, discuss tho pro ceedings and thon agroo upon a vor- diet, or clso wo must bo hanged in a dreary room where there arc nono of the comforts of lifo, only a few hard chairs or benches. If men have candor and sense, and cannot agrco when reason is weary and patience exhausted, why then bo hanccd because they are men if a dc- c;8ion ja rcaci1C(i by sheer endurance. If men yield rather than freeze out, or Bubmit because they are bored to death, who would givo a penny for their verdict? Often we think a man stubborn because he stands out for tho richt as ho sees it. So long as tho :,lry systcm remains as it is, there had as wou 00 nono As well try a case before five or seven men as twelve, aml (l nmjorjty 0f them had just as wuu decide, for nine cases out of ten it is a compromise, wiiere a part oi ino jury surrender to got tree oi torture and annoyance. True it is, that this is an ancient and sacreu institution, but tin's does not make up for all tho shortcomings belonging thereto. Twen ty-tlnee men on regular pay, besides many bystanders or special jurymen for several days of tho time, and many of the jurors, no matter how compe tent or ready they may bo to perforin tho duty to which they are sworn, challenged off by tho attorneys who figure to make up a jury for their case. To challenge a juror for cause is prop er, but to Miako up a jury the complex- 0f w,jui flt ti1(Jjr Cil80 jH base. Then tho testimony as it is should go to tho jury so that thoy can weigh it intelligently and decido fairly. All of those things, and moro too, we thought of in that drearv situation. .1. W. Minniok. Cain's Wife. "Whore did Cain got his wife?" was asked in my hearing not long since. Somohow tho question interested mo, and when sitting at my writing table, on which I always keon a Bible, I thought to read more particularly of the record concerning Cain. I com menced at tho beginning of Genesis to read, and in the first chapter, 20th, 27th and 28th verses, 1 found that God created man in his own image, male and female created ho them ; and commanded thorn to multiply and re plenish tho earth. Tho .'list verso of tho samo chapter reads: "And God saw everything that ho had made, and behold, it was very good." In the second chapter, 0th verse, tho last clauso reads : "And there was not a man to till tho ground." In tho 7th verso is recorded that "tho Lord God formed man of tho dust of tho ground." Tho 15th verso says: "God put tho man in tho garden to dress it and keep it, and then follows tho command concerning tho fruits of tho garden. In verso 18 the Lord God said: "It is not good for man to bo alone. I will make an helpmeet for him." Verses 21 and 22 tell that God took a rib from the man and made a woman of it, and brought her to tho man who aceoptcd her to bo his wife. Thon tho record says dial of tho woman was born a son whom thoy called Cain ; and again sho bore a second sou and thoy called his name Abel, In chapter four, lid, lth, and fith verses, tho record says: "In tho process of lime Cain and Abel each brought an offering to the Lord, of tho fruits and tho firstlings. And tho Lord had respect to A hoi's olfer- mg, hut not to uaiu rsow alter a time Cain slow his brother Abel, for which tho Lord cursed him from tho face of tho earth, and vorso 1(5 says: "Cain went out from tho presence of tho Lord, and dwelt in tho land of Nod, on tho east of Kdon." Now I shall presume that in tho land of Nod, or in somo of its environs, did dwell the first pair that God cre ated in his own imago and likeness, and that Cain becoming enamored of ono of thoir fair daughters took her to wifo; and 1 shall further assumo, in tho ahuonco of ovidonco to tho contra ry, that this first pair woro tho pro genitors of tho sons of God (read the 1st and 2nd verses of tho sixth chapter) that tok to themselves wives of tho fair daughters of men. If any ono can givo a moro plausible solution of tho question thoy will confer a favor on all by giving tho samo to tho pub lic. 11.0. Emkuv. TcHOhum' KxrtinliuU ton. Notice is hereby given that for tho pur pose of making an examination of all per sous who may offer themselves as candidates for teachers of tho schools of this county, the county school superintendent thereof wilt hold a public examination at Lutiraiulo, commencing ut noon, Wednesday, May 27,1891. Dated this May 11, 1801. 11. 0. STItANOK, County School Superintendent, Union County, Oregon. td SKAl,i:i rilOl'OSAl.H. Sealed proposals will ho received at tho county clerk's olllce ut Union. Oregon, up to noon (12 M.) June 3, 1891, for building additional jury and olllce rooms and repair ing the county court house, according to tlin plan and bpocltlcations now on tllo in tho clerk's olllce, Tho county court reserves the right to reject any and all bids. lly order of thu court. TU UN lilt OMVKK, td Qlcrk. An nounce m ent I pi rniin pitv nnrnnm M. & M. Co, iJLHiinnjrn, uiiluuiv, Huyc on the way and now Agricultural The Company ill hereafter FARMING Ctf'ilns department will be under 2-19-tf. -DEALER IN- BOOTS Latest Styles. SHO Just Received, Direct from the MISSES CALFSKIN SHOES, tho Best Ever brought to this Market. Also a Fino Assortment of GENT'S -:- FURNISHING -:- GOODS. My Prices will suit the times. Drop in and see me. C. VINCENT, Main Street, Union, Or. Are You Cioing to Plant aniOrclari? mm f Awiiw iiMiiEls Of Payette, Ada County, Idaho, Has tho Largest General Nursery Stock in tho Mountain Country 125 Acres Trees from Payetto Nursery will reach Grando Rondo valley bx aix hours from tho timo thoy aro taken from tho ground. Mountain Grown Trees and Healthy. Do not order until you havo visited our prices. Wholesalo and retail. The Centennial Hotel, Union, Oregon. A. J. GOODBROD, - Proprietor. Recognized by all as the Leading Hotel of Eastern Oregon! ' KINK I.AKC.K SAMri.i: KOOMS For the Accomodation of Commercial TraToler CHARGES REASONABLE. COMMERCIAL (OPPOSITE CENTENNIAL HOTEL.) Wm. E- Bowker, Everything First Class. 'Bus to and Fiom the Depot Making Connection with all Pass senger K NOW YE ALLM E NSY .ut tho Uiinulmoim Verdict ol' (ho hucllten rcatllntf IINTIKK NOniTXI WUNT in that tho SS THE REPBESEBTAT5VE HGRTBTCSfflS&l Mmm. t:?5 dasly globe uii.il i t'.iinryouciuinoi ufforvl to bo without It. VMPT WFFIf 1 V Ti8 ORP ty it- i r to rvii it I to nijor i; ana fiutoro ah mi;:t uwkhthun vki:kuI:h. l-r KT. ivt (Itosc lt'HUMitxa (Nwaxt h,t W,:.: ion's New Reversible Political Man -shr4 Rani JfcM7&e?.'i m (;i.i.t Vi tu. lit inllntf or tne mormon, numlwr ur 1M.PW Mka (WuLrl V-T w. c tl. i.ia iik . itlini ttio )ran IHl ml Utt. Th rvfiuUf prt t MaJJla ?JT- J -l i ;t It, t Vf Hit tvitli tlm IIioik, l til foliowloc u' tll.-l. Hit .U ASVONZBIXXIVaXiT XiOW Tl III I, & )t. rnttl IVUKICIiY (JMUtlt, ono yenr Willi map, 8'J.OOJ TrtfKuCTt uirp, Cl.fr. St. l'nut SUNDAY UL,OHK, ono ) uur rltlt tuup, 3.00 wtCKu Oalp, St. 1'iitil DAILY (iLOlli:, lx montlm with ui. $5.O0 wltBricr-j ?CA St. I'uul DAILY ;i.Olli:, ono yeur with mup, 0.OO tuluod tcc, 3.ftV. Utt toutuww a iran.lt MnevrhMOOU ltt If to jrou will liulia l Uk 4rt( ef tkU ftHIUH flCfPP .OrT VATi:i In nviirjr kwllon ot tit cvuufrj.ta vittuui ibni uruu U ottU. MKUlU Ut f til Address; ur GLOBE PUBLISHINQAOIMf AMT SI. Pr Wcars. HloatLt fur HumnU Copy ur ! OIjOBS, - A arriving, several ar aa Implements. carry a full and complcto stock of MACHINERY. the management of Mr. Kllpatrick. THEM. & M. SCo. All Kinds East, a Large Invoice of LADIES' and are Hardy, Vigorous our nursory, Been our agent or got b-20-yl - Proprietor. Terms Very Roasonablo. Trains. IT H E 8 E PFgatff fHa ?'"IP.T trectTtf fptr? J&t-w i. claim mao fftr(t utUy of iwwf, Far4 rJ tJ mil SHERIFF'S SALE. ATOTICK IS HEUEBY GIVEN THAT jm by virtue of an execution issued out of the Honorable Circuit Court of the State of Orcjron for Union county, bearine date the 29th day of April, 1891, to me directed and delivered, upon a judgment entered and docketed therein on the 27th day of February. 1891. upon a mandate from the Supreme Court of tho State of Oregon upon a judgment entered therein on the 8th day of December, 1890, wherein A J. Curtis, plaintiff and appellant, recovered judgment against the La Grande Hydraulic Water Company for the sum of One Hundred and Fifty-six and 00-100 dollars, and Two and 67-100 dollars accruing costs in said Circuit Court, wherein 1 am commanded to make the sum One Hundred and Ffty-six and GO-100 dollars now due on said judgment, with interest at the rate of 8 per cent per annum from the 8th day of December, lb'M, and the further sum of Two and 07-100 dol lars costs, of and upon this writ, out of the personal property of said defendadt. and if suflicient personal property cannot be found, then out of tho real esta'tc of said de fendant In my county on or after February 27, 1891, and not being able to find any per sonal property out of which to make such judgment. I have levied upon and seized all the right, title nnd interest that the de fendant herein, the La Grande Hydraulic Water Company, iiad on the 27th dav of February, 1891, or has since acquired' in nnd to die following described real estate, to wit: Commencing ten chains south of XM. ,.e .1... vi?i .i... vufi Sec 18, Tp. 3 S, It 38 14 W JI, thence South ' ten chains, thence West ten chains, thence! till; lilvuiliui Ul .U. Ul 11113 . Y -5 nr North by A5 dens. East to nlaco of bomn. ning, containing 5 acres, (the above lines aro intended to follow the government sur vey) also all the water rights, ditches and water pipes belonging to thu said La Urande Hydraulic Water the right, title, interest a: said La Grando Hndrnulii had on the 8th day of December, 18!)t), or has since acquired m and to 10 acres in a square from out of the SB corner of the MV lA of the NEK of, Sec. 18, Tp. S. H 3S B W M, all of the above described property be ing situated in Union county, Oregon, and by Tirtue of said execution and levy I will sell at public auction at the court house door l union. Union county, Oregon, on Friday the 20th day of June, 1801. at 2 o'clock . m. of said dav, all the right, title, claim and interest that the defendant had on the 27th day of February. 1891, or has since acquired therein, or suflicient thereof to satisfy said judgment, interest, costs, disbursements and accruing costs. Terms ot sale: Cash in gold coin tome hi hand. Dated at Union this tho 20th day of May, 1891, J. T. BOLLES. Shcriir of Union County, Oregon. By 7T. It. Usukr, Deputy. 5-28. SHERIFF'S SAI. NOTICE IS HEREBY GIVEN THAT bv virtue of an nvwMitinii issnoil nut of the Honorable Circuit Court of tho State of Oregon, for Union county, bearing date the 3d day of April, 1891, to me directed and delivered upon a judgment entered therein on the 14th day of February, 1891, wherein J. L. Caviness is plaintiff and R. W. Deal is defendant for the sum of one hundred and sixty and forty-two one hun dredths dollars (S160.-12) now due on said judgment, and the further sum of forty one and thirty-eight one-hundredths dol lars ($11.38) costs, I havo levied upon the following described real estate, situated in Union county, Oregon, to-wit: The NHu of NWK Sec 7. Tp. 3 S. R. 38 E. W. M. and by virtue of said execution and levy I will sell at public auction at the court house door in Union, Union county. Ore gon, on the 22d,'day of May, 1891 at 2o'clock p. in. of said day, all tho right, title, claim and interest in tho above described premises that the defendant R. W. Deal had on the 21st day of February. 1S91 or has since acquired therein, or sullicient theivof to satisfv said ludtrnicnt. interest, costs. disbursements and accruing costs. Terms of sale: Cash m cold coin to me in hand. Dated at Union this the 21st dav of April. 1801. J. T. 150LLES, By W. R. Usuku. Sheriff. Deputy. t-23. Noticp: is iiekhhy given that by virtue of an exeeution issued out of the Honorable Circuit Court of the Ktate of Oregon for the county of Baker, bearing dato the 18th day of April, 1S91, to mo directed and delivered upon a judgment rendered on the 0th day of February, 1S91, in the justicso' couit o'f tho state of Oregon, for the county of Itaker, in IJaker precinct, wherein McKennon it Co plaintill's recovered iudginent nL'uinst TT S n.wl..l... 1 .i..f.... limits for the sum of eighty 6no dollar-- damages and costs, taxed at twentv-twu and seventy one-hundredthh dollars, at d a certilied transcript thereof was liled witl the county clerk of liakcr county. Oreeon which iudRUient was enrolled and docketed in tho clerk's oiiice of tho circuit court of tho state of Oregon, for IJaker countv, on the 0th day of February. A. D. 1S01" and tho sum of eighty-one dollars and interest tnoreon at tne rate of 8 per cent, per an num. from the 0th day of February, being now actually duo ou said judgment, also twenty-two and seventy oue-hun-dreths dollars costs, I havo levied upon the following iiescriiieti real estate, to-wit : rue SEJ4 Sec. 27, Township 3 North, ltangc 39 liast, vv . ji in union county, uregon, and by virtue of said execution and levy. I will sell at public auction, at the court house door in union, union county, state oi ure gon, on Monday, tho 1st day of June, 1S91, at 1 o'clock p. in. of said day, all the right, titlo and interest, of in and to thu above described premises that tho said defendants II. E Opdyke and Einuia Opdyko or either of them hail therein on tho 0th day of Feb ruary. 1891, or have since acquired thereto, or sullicient thereof to satisfy said judg ment, attorneys' fees, interest, costs, dis bursements and accruing costs herein. Terms of sle, cash to me in hand in U. S. gold coin. Dated at Union this tho 21th day of April, 1891. J. T. UOLLES, Sheriff, By V. K. I'siikk. Deputy. 1-30. MINING NOTICE Union County, Oregon, April 10, 1891. To William II. Fowler, or to his heirs ox ecutors, administrators or assigns: YOU ARE IIKHEBYNOTIFUCD THAT we have expended $200.00 in labor and improvement upon the Forest Queeu Lode, situated in Granite Mining District, Union county, Oregon, in order to hold said premises undor tho provisions of sec tion 2324 lteviscd Statutes of tho l nlte i States, bciiiL' tho amount requirfd to h i t the samo fortho vears ending Deienibcr31st 18S9, and December 31st. 1800. to-wit . the of sum 1100. during each of said years, and if. within ninety days after tho tirst publica tion of this notice, you or your per" nal representatives fail or refuse to contribute your proportion of such expenditure as aco owner, vour Interest in said claim will hi come tho property of tho subscribers under jauisectioirii.i. J. T. FYFKR. JNO. IIAltLEY. OKO. W. I'EKKINH, As Executor of Estate of Kufus l'erkiuv Deceased. 4-1(5 J. 11. McDONUl'UlI. Presbyterian Church. UreachiiiK every Sabbath at 11 a. m. nnd 7 p. in ; Sabbath school at 10 a. in; Chris tian Endeavor Society. Tuosday at 7 p. m. All aro cordially Invited to attwul. Wo urge parents to bring thoir children to church that they may bo nurtured in mor ality and piety. V. J, HuniiBS, I nsiur. A WEAK MAN -. ,., . i,;,onif n( Mi .l.inlnrn. i C an now curc "nst,f of 1,1,1 deplora ble results of Early Abuse nnd Fcrf e ctiy Restore his Vigor and Vitality by our Home Treatment. The Remarkable Cured of hopeless cases of Nervous Debility and Private Complaints are stamping out quackery everywhere. Treaties and j Question List, a physician's gift I humanity, will bo Bent Free to th I .... . , , ,, ... . to 10S8 afilicted. Address with stamp PIONEER INSTITUTE, 105 Kearney St. Ivoom 2 5-7-yl. San Francisco, Cal. Do You Want to SAVE FROM 25 TO 50 CENTS On Every Dollar You Spend? If so, write for our Illustrated Catalogue, containing illustrations nnd prices of every thing manufactured in the United States, at manufacturers' prices. 10,000 illustra tions, all lines represented. Catalogue . '.1 - , .. maum l " "I'l""--'"""- mrcss, CHICAGO GEXEHAL SUITIA' CO. 178 West Van Durcn St. 1-23-yl Chicago, 111. wmm CITY HOTEL, Dreenilinr. IS 111 nr ' L. J. IJogtiik, I'ropr. Opposite the Court House, Union. Oregon. Slaving again assumed control of this Doimlar house. I cordiallv invito tho public to give me a call. Tables Furnished with the Best the Market Affords. First-class Lodging. Everything newly and neatly littcd up. Meals, Cents. Beds, ' Cents. None but white cooks employed. 4-10'. PATENTS i Obtained, and all Patent Business attended to Promptly and for Moderate Fees. Our olllce is opposite the II. S. Patent OIHoe, and we can obtain Patents in less time than those remote from Washington. Send MODEL or DRAWING. Vo advise as to pantentabililv free of chaw; and wo makoNO CHAUGE UNLE.SS PATBNT IS , SECURED We refer, here, to tho Postmaster, the Supt. of Monev Order Div., and t otlicials of tho U.S. f'atontOllico. Fci circular, advice, terms and rellcrences to .ictual cli ents in your own State or County, write to C. A. SNOW & Co., Opposite Patent Oitice. Washington, I). 0. Sit? Thomson & I'ursel siro ttirctits for i lit' folebrutod Cyclone Wiml Mill, and n the prices on tliom lnivo lieon great ly reduced they are now within tho ri'iu'h of all. Sample mill lt lie seen at their planer in North Union . Call and examine it. nnmiililnl I j . .WKM btrnciof tho lav&Rliuwiii,' ti ,i,n V twu.wiiib.ul (ll.ul II II T.1I 1 ,n, f-ft Marks, Copynahlj, j a v.-i-J fin a. l HronriMuy, ,. BRflPOESTEC and Reristerecl Clyde, Si.ii-, , Pcr clicron &, y. -rman Stalin For Silo fr--!)()!) ... C400 to i.'.'i. This it the lime in ! i: order to hae them ' c ) accli matcvl for next n... and we fau'l Mil in oi :.-r u make r lura for pew i.' freight i i a h r Oregon it . i nted. Tct-.' uddrcsa Valoriuc .' tlon-Tha urtland. TO. Send Wis. DD ROT CBIPE, SICKEN 08 CONSTIPATE. 8U8UMf0ltSrHEA0HVf oa tu irauu . t nUrrrtM tkjaitUi .r C-.itiptUa .villlincina Ml Oaa. on. ri'KIHlrt u. 4 lirvn -i f youTOHtc. I i r - tlTHl 'Jis.ua. It HtAlT.i .r 1 ii . ,,i M, . THE 08. KARTEfi M'OICIHECO TOlH) WAV i my thri i " - I'm-1. Miring to ut paper -17-tf. ill VYw l can ii" "1U feKT LITTLE on. pill c. imttn too Itrr c doon. l.r lo UkJ m .o udcW .ay.r pill, p,t p jB tronVH s