The Monmouth herald. (Monmouth, Or.) 1908-1969, January 26, 1912, Image 4

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    NEWS FROM COUNTY SEAT
Court House Notes.
PROBATE
Estate of Margaret D Camp
bell, deceased. Petition of Ken
neth Campbell for allowance of
claim against estate, which was
reduced by the executrix, filed
and set for hearing January 31,
at 11 a m, claimant to have ten
days' notice of such hearing.
Estate of Volney Holmes, de
ceased. Final account heard.
Estate of Martha Jane Hage
don, deceased. Petition of all
heirs for closing of estate and
discharge of administratrix,
granted.
Estate of David S Martin, de
ceased. Petition to probate will;
Ira C Powell, notary puclic, ap
pointed to take testimony of
Laura M Tacheron at Mon
mouth as subscribing witness of
said will.
Estate of A VV Werner, de
ceased. Bond filed and ap
proved. Estate of David S Martin, de
ceased. Will admitted to pro
bate; C. Lorence appointed ad
ministrator with will annexed;
approved bond in sum of $500
filed; letters to issue: John S
Fuller, George Shew and M Stew
art appointed appraisers.
Estate of A M Werner, de
ceased. Ordered that John S
Parker, Scott Bennett and Glen
Zumwalt be appointed appraisers.
Guardianship of Charles Nelson
Thary, an incompetent person.
Petition for appointment of
guardian instead of W E Craven,
resigned, granted and on filing
approved bond in sum of $1000
letters to issue.
Estate of Amanda S Doughty,
deceaseds Final account filed
and approved and estate fully
and finally closed; administrator
discharged and bondsmen re
leased. Estate of August Martin Wer
ner, deceased. Inventory and
and appraisement filed and ap
proved. Guardianship of Gould T Cres
sy, a minor. Final receipt of
Gould T Cressy, guardian dis
charged and bondsmen released
from further liability.
Guardian of Charles Nelson
Tharp, incompetent. Bond in
sum of $1000 approved and filed;
ordered that Clare W Irvine,
Pearl Alexander and J L Hanna
be appointed appraisers; letters
of guardianship to issue to R R
DeArmond.
Guardianship of Lola Pauline
Jerry, a minor. Petition to sell
real estate belonging to ward filed
and set for hearing February 19,
at 10 a m; notice and citation to
be served by law.
Estate of David S Martin, de
cersed. Inventory and appraise
ment filed and approved.
REAL ESTATE
L E Jones et ux to J B Hayes,
half interest in 34.23 acres tp 6
s, r 6 w, $10.
John J Williams et ux to Math
ew R Richards, lots in Indepen
dence, $1.
Thomas C Chandler to Martha
Ellen Cole, 40 acres tp 9 s, r 8 w,
$10.
Silas Orchard to H W Quiring,
lot in Dallas, $1.
A J Barham et ux to James B
Hutchins, lots in Dallas, $350.
Jennie A Brosseau'to C H Web
ber, 160 acres tp 7 s, r 7 w, $10.
C H Webber et ux to Nelson
P Wheeler, same $10.
Charles A Rice and wife to M
M Diel, land in tp 9 s, r 4 w,
$16,800.
W H Cameron et ux to H A
Ostrander and wife, 164:67 acres,
tp 9 s, r 6 w, $1.
Bessie Gooch to A A Emmott,
land in Dallas, $10.
A FUNDAMENTAL
PRINCIPLE
By EMERSON TROW BRIDGE
Copyright by American Press Ao
otntion. lull.
A mass mooting whs culled in the
mining town of Temlerfoot to mU
measures for tirKiiuiy-UtK ti cll.v nov
eminent. The citizen luiit pt tired
of lawlessness Biul Judge l..viu'li. A
lawyer mimed Jenkins, from the east,
was the Instigator of the movement.
A ease iiime up before the eonrt the
very day after the organization. John
Pecker had an altercation with Silas
Green nhout a mining claim and shot
him dead, luvker was arrested and
tried. Jenkins had given the Judge a
few elementary law points for his
guidance "The fundamental princi
ple." said the lawyer, "is that tin no-
used person Is to l considered inno
cent till he Is proved guilty." The
judge did not even grasp this Idea,
mid when the trial commenced the
lawyer discovered that he would have
a hard time keeping his honor on Jhe
judicial track. No sooner had Pecker
been brought into the court than the
court itself seemed inclined to follow
the path to which he had been nocus-
tomed.
"You. John Pecker, you's goln' to
; have a lesrnl trial. You's goln' to be
' considered Innocent o' this shootln' till
you's heen proved guilty. Now. the
i fust thing 1 wants to know is whether
j you shot Si Green accidentally or a
j purpose."
I "One moment, your honor." the law
i yer Interrupted. "The accused Is not
bound to answer any question that
would incriminate him."
"You mean." said the Judge, looking
nt the speaker, surprised, "that If I
' shoot any one that's Interfering with
me wrongfully I can't stand up like n
man and say 1 done It '!"
The lawyer was puzzled, lie wished
i to explain the matter to the Judge, but
didn't know how to get so technical a
point ttiromrh his honor's thick skull.
So he simply said:
"No. you can't. I. as public prosecu
tor, must prove that this prisoner Is
guilty under the law. If I i lioose to
put him on the stand to speak In his
own defense 1 may do ho, but 1 am not
compelled to do so."
"YVtinl. you go right on and do the
provln'. That's what you're here for."
It so happened that there were no
witnesses of the actual shooting. Jen
kins adhered to legal customs, explain
ing to the court that It was a case of
circumstantial evidence and tie must
: convince the Jury by certain matters
closely connected with the affair that
Pe ker killed Green. If he could not
! do this Pecker must go free. The judge
j told the attorney to "lire away." Jen
; klus produced the ball that did the
murder, showed that It was of the
j same caliber as Pecker's revolver.
proved that but one shot was fired by
1 Decker and there was but one cham
ber of his weapon empty immediately
i after the shooting. This being all the
actual "Vidence he had to bring for
ward, he was obliged to lie content
with It.
A young man named Sthrgs. who had
! copied letters in a law olii e, had been
j appointed attorney for the defense.
, He proved that the revolver on which
' Jenkins hud framed his theory of the
; prisoner's guilt was not t lie one used
i in the fray. This tyiok the prosecutor
j flnt-n-bnrk, and he didn't know what
to say.
"What's the next thing to do?" asked
the Judge.
"Why. the next thing is for you to
charge the Jury. You must tell tliern
that if they think that according to
the evidence, mind you. Pe !;e:- killed
Green they must bring in u venlh-t of
guilty: if not they are to acquit him."
"What does the jury think about It?"
asked the judjje. "Accordimt to the
evidence, did John Pet ker kill Si
Green or not?"
"Accordin' to the evidence." said the
foreman. "John Pecker didn't kill no
body." The trial had come to a standstill.
Everybody looked at Jenkins, who had
inaugurated the new order of judicial
proceeding, and Jenkins looked em
barrassud. The judge came to his re
lief. "This yere trial," he said, "has been
on the theory that the prisoner Is In
nocent till he has been proved guilty.
Is there any other way o' doin' it?"
"In some countries," stammered the
lawyer, "they reverse the process. The
accused is regarded guilty till he has
proved himself innocent."
"All right." replied his honor. "Now
we'll try John Deckel on that air the
ory. You. John Pecker, how y" goin'
to prnve y" didn't, kill Si Green?"
"I hain't a-goln' to prove no Rich
thing." replied thfTfflsitiner. "I done
it, and if Si Green was livln' and tried
to beat me some more I'd do it ag'in."
The eyes of the Judge and the spec
tators were turned once . more upon
Jenkins in inquiry as the next step.
"The prisoner confesses his guilt
and declines to put In a defense,
which Is equivalent to putting in a
plea of guilty. This saves the town
the expense of a trial, and In mich
rase the pullty one usually expects
lighter sentence,"
"Is there any lighter way o' klllln'
the prisoner than linnglnT' asked tho
Judge.
Jenkins smiled it sickly smile and
said he didn't know of any unless
shooting might not bo so objection
able. "Take him out and shoot him," were
his honor' tlnal words.
After that In Tenderfoot criminals
were considered guilty till proved Innocent.
THE PRINCESS
1RFNE
By EVELYN SAt IUOOSX
Copyright by American Press Asso
ciation I'll.
The king was troubled. The crown
prime had come to a marriageable
age, and It soeunsl quite probable that
there was no one coining v th'u the
law of the hind for him to marry. lie
must unite If at all with one of royal
blood, and It so happened that iiuiong
all the unmarried daughters of sov.
crotgus there wit si arcely one of suit
able age for the heir to the throne.
Some of those i!rls had died In Im'.in
cy. some tlii.t letircd to convents mid
some had gr.v i lo he old i.uiid .
The prill e '. as a lino fellow, the
Idol or the i va .le and a distinguished
soldier. At t time of his coming of
age he was iu the army on the fiou
tier li;:h!lt!g the Imtt'es of Ids conn
try. II. h:;d given hi; sc'f noiomeru
in t.:k,m: a wife, preferring the tented
tii- it to "capering nimbly In a lady's
ivi'inher." Kls father, not knowing
the lOMdltl.ui of the royal matrimonial
market Instructed one i f his minis
ters to find n wife f r ills son. The
minister I o!;ed the lied over and was
astonished to lind that amoic all (He
royal families there was but one
prlii: ess a suitable match for the
crown prince, and she was not of
roval I !o mI on her mother's side. A
proposition for an alliance was dls
pat: hoi to her father, and the king,
not dreaming of a refusal, wrote his
son Informing lllm l hat a wife had
been provided for him.
What was the king's astonishment
mid disappointment to receive a reply
from the lady's father saying that his
dam liter declined the alliance, since
she e ns bent on devoting her life to
the poor and would not 'marry. The
king sent several et'ilmssie to en
deavor to alter the princess' detertul
nation, but each and every one of
them came back foiled, I'lnn'ly his
majesty vf: obliged to write his son
that the Intended nmrrlace had fallen
through.
The princess- Irene was h t name
was really a devoted woman. F.vcry
nn ruing fhe visited the poor and the
si'k. ministering to both, and every
afternoon she held a recent Ion of tier:
who were able to come to her to ask
for assistance. At one of these recep
tions a young man appeared, his arm
howl In a sling, walking with a
crutch his face pale and emaciated,
his dark eyen forming e marked con
trast with his white cheeks.
"What can I do for you?" asked the
princess.
"Nothing-that Is, nothing more than
what you are doing In permitting rie
to g.".c on you. I am a so'dler who
has been grievously wound d and. hav
ing also contracted disease by ex
posure, am rapidly going down to my
grave. 1 have heard of you:' clnr'.ihs
and have seen your portrait. It oc
curred to me th't If I could look upon
your face I might recover "
"If a mere trille like that will cure
you." Raid the princess, "von arc nil 'e
welcome to come here every day nt
my reception hour ci:d ga' upon me
to your heart's content."
"Tht'ti In a s'lo'.'t time I shall be
strong again." said the sold'er
He remained till the audience was
over, then withdrew. The next day
he cnc.e again mid the next --Indeed,
every day when the princess entered
the audience chamber there was the
young soldier sitting hi. ion;.' the sup
p'lants. his large, lustrous eyes turned
always upon her. The pallor gradual
ly left his face, he divested himself of
his sling, threw away his crutch and
In time stood en et. Then suddenly he
appeared to lose all he had gained, and
while his wounds had healed his health
nee:::ol to have suffered a relapse that
would likely soon put him iu h:s grave.
The priuoess noticed the change and
asked him if there wan anything she
could do to restore him.
"You can make me well," he said,
"but you could not do that without
making a great sacrifice, and that,
even if you Hhyiild consi nt. I would
not permit."
The princess urged him to tell her
what was this sacrifice, but he would
not. Nevertheless he grew weaker and
weaker every day and at last could
only drag himself to the audience.
"Farewell." he wiid. "This is the
lust visit I shall ever be able to make
you. I have not enough strength left
to come again."
"I implore you." replied the princess.
First National Bank
Monmouth, Oregon
Successor to Polk County Bank
Paid Capital, - . - $30,000.00
Surplus & Undivided Profits, $13,000.00
J. R. V. IUitlkk, President; lltA C. PoWKl.I,, Vice Pres.
and Cashier; W. K. Smith, Assistant Cashier.
Transacts a General flanking Business
DIRECTORS:
1. M. SIMPSON', p. S, P(VKU J. P. STUMP,
J. H. V. IlUTl.IvR, IRA C. I'OWKI.L.
The
Meat, Newsy
and Clean
Job work neatly done. Prices reasonable
"to tell me or ine micnnce mat wtn
save your life."
"I will tell yon," said the Invalid,
"but It will make no difference. I am
dying of a desire to possess your l"ve
as I love you."
The blood came slowly Into the
princess' face, for she had discovered
the young man's malady before he had
spoken It. Their eves n.et. and they
understood each other.
One day the king, who had proposed
to the prlii' ess for Ids son's wife, re
ceived a letter from the prlii'-e. He
told his father he hud I ecu wounded
and had been 111. Ills life had been
despaired of. but he hed been saved
by a woman who had promised to mar
ry Mm. He enjoined his father to pre
pare for the wedding.
The ling, notwithstanding his dls
nppo'Mtiiient that his son could not
marry the only woman suitable to his
rank, made the preparations. The
prlnci returned from camp the day be
fore the ceremony, and his Intended
wife arrived at the same time. Tho
heir apparent led the lady to hla fa
ther and Introduced her:
"The 1'riuceun Irene."
A True Fisherman,
In tlie Catskill foot hilts a New
York traveling man who was mak
ing a trip overland passed an old
man who was fishimr with hook and
line in a small hi roam. As the
drummer drove by it) a liturgy the
old man never took his ey oil' the
bobber in the water When the
traveling man returned hite in the
uf'eftioon he was greatly surprised
to see the old rutin still ill the same
position with hia eves glued on the
bobber.
"Hello, uncle!" he shouted. "Any
luck today?"
Without taking his gaze olT the
cork which rested on the surface of
Uie placid slrcntn the old man re
plied :
"Had a nibble long 'bout noon."
Judge.
When Robespierre Was "Stung."
Under the terror Hnbespierro used
to play a peaceful game of chess at
the Cafe l'intiep, and the story is
told of a yout l' who once challenged
him and beat him twice. Robes
pierre after his defeat asked how
much he owed, no stakes having
been previously fixed. The supposed
youth, who in reality was a girl in
man's clothes, presented an order
for the release of her lover from
prison, and Robespierre signed it.
Napoleon Bonaparte during his con
sulship was seen nt the famous cafe,
but he showed himself no tactician
at chess.
Happiness,
For ages happiness has been rep
resented as a huge precious stone,
impossible to find, which people
seek for hopelessly. It is not so.
Ilnppinefs is n mosnie composed of
a thousand little stones which sep
arately and of themselves have lit
tle value, but which united with art
form a graoeful dosiga. De Oirar-din.
HERALD
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A. B. WESTFALL
Painter and Paper Hunger
Monmouth Oregon
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