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About The Times-herald. (Burns, Harney County, Or.) 1896-1929 | View Entire Issue (May 10, 1902)
w BURNS. HARNEN COUNTY , OREGON, NI AN rlEraia.. BSCRIPTIOX RATE*: . 12.00 . .1.00 . .75 VERDICT OF JURY IN MILLER AND COLWELL CASE. STATE—OREGON ’- C..rrM.m.ii Attjrocy U.uer.1 Gsvsrunr s.cr.i.ry al State Tonar« sup., rasile inn nrt. n Stete Printer sapr.n. JW.lg*. J. H. Mitchell. Jose pit simou »Thus. Tongue, til A. Moody IL K. N. BI ax-kburn .................... T. T.Geer .................... El Dunbar C S Moore J 11 Ackerman .................. NN H Loeds v K. S. Bean. U. NVolverCon > F. A. Mot»re MIN £111 JC Did AL DISTRICT. . M. 1>. CLirroBD District Jadie Win Miilei DiSinCt AH or .ey ............. IS Geer ..J NV Murruw JtoAMt-Seaauof [ COUNTY—HAliNEY J James A Sparrow H. KicUartlsou ............. KA Miller J K Johnson .Geo Shelley* j \v Buchauan ............. J < Harriett ................. li J .Noble Aloes 1 aspre -r A. Venator ... i CtoòauiiSSLOUt . 8 K J Williams i OFFICE : SAH.N'liï U. S. L4Sl> ...Geo. NV Ha*C8 cejister .........Ubas Newell Receiver Cuoitly J«d<- Glera Frias arar survçyor Auerttf. tc àoui Saperi nteudeut SOCIETIES. SVLVA KEBEKAH lugrii- So.*» seetee.+o laiaiKlüd V.c.luesUiij . Tibie jvTi.iui b. o. Fraukie ureu:«w uee See’y. A. U. U. Vv. Hums Lodge, .So. 47 —Friday uigl.1. a piitarX M w E il Uuyt. Kec. UAKNEÍ LODGE. NO. 77, I. O U f. aetoUMUdU Fellow. Hall, agiuria? j.èüpin, w ^mg, oecy ■ PROFESSIONE CARDS. • W. J. COLEMAN, ■ Sentenced to Lite Imprisonment by Judge Clifford Tuesday Afternoon--Judge's Instructions to tbe Jury. The jury in the case of the State vs Geo. S. Miller and James Col well for the murder of Warren Cur tis, last Saturday evening returned a verdict of guilty of murder in the second degree. * On Tuesday afternoon the con victed men were brought before Circuit Judeo Clifford and each sentenced to life imprisonment in the state penitentiary. We are informed by C. NV. Par rish. one of the attorney 8 for the defendants, that in nil likelihood the case will be taken to the su- preme court. The verdict of the jury Deems to meet with almost universal approv al, the general public considering ths men received what they de served from the evidence brought out. On account of the interest taken in the case and the inability of ruauv to attend we give below by special request of our readers Judge Clifford’s charge to the jury. It is complete with the exception of the statutory instructions. J EDGE < I.IFFOllP’s CHARGE. .Stenographer and Notary Public B iens , - O regon . G entlemen of the J i uy :— The indictment in this case charges the defendants, now on GKU. S. SlZEMOlii., trial—George S. Miller and James attokxky » Colwell—with the crime of murder Í1U1UÍS, ................................................... OllEOON. io the first degree, and reads as vàlltJCiUiD-. iaJiud bu.'inesE, and Real foil iwa: “In the circuit court of XiMute mailer |>rw«Mii flv attended u>. ths State of Oregon, for the county Z. « Míos, UAI.I v N BK. uo of Harney, The State of Oregon vs Biggs & Biggs George 8. Miller, Janiea Colwell ATTOK>EYS - AT - LAW, and Bert Bailey. (Indictment.) HNS ----- ----- ”” OREGON. George S. Miller, James Colwell Practice iu ail tnc courts ui Ore. Bert Bailey are accused by the grand jury of the county of liar- Collections promplly made. tiev and State of Oregon, by this Li. A- XMl-Ail U. NN . 1*4 ttMlSl! indictment, of the crime of rnur- PARRISH &. REMEOLD. der in the first degree committed I Alluri.B-al-JadNV, as follows: The »aid George S Bürau (and Urtin oli City, Ou Jun. Miller, James Colwell and Bert Will j»A«tciiVu L* t.*e t ourtb «•! Utti . taut cuutt k A nuil j a iIK- feup»c.iic evurt mí iae Bailey on the 22d of March A D uLHie. *u*a <n»M lu u.o. .«tea uAilte. 1D02, in the county of Harney and dUiuri. il. Deoiiaxxl, State of Oregon, then and there I A ttorney - at - i . aw , being and acting together, did < Jare fill uttunlion given to Collec- wrongfully, unlawfully, felonionu«- U j U s und Itesi baiale matters. ly, purposely and of deliberate nnd Public Solar» premeditated malice, kill one ÜHEGUN« ■ B irx », Joseph Warren Curtis by shooting Oilice 111 liuies-lltraid building him, the said Joseph Warren Cur tis, in the throat, breast, arms, iMOalCT* WU.LIAMS M. F itzgekald back, hip, leg and body of him the Allori' y tu lui a . No’azj rn Heui Estolte Agent said Joseph Warren Curris with a Wli.LlA.M.» A I iJZuEt.ALU loaded shotgun, which said loaded mlea’ln v». i ulk.ii - shotgun tie the said George S. KiJl UA». - O uì . uox Miller then and there had and held in his bands while within Ö. W. .M 1 LLER, shooting distance of him the said i,:................. i JSiuic. Joseph Warren Curtis. Contrary Burns, - - - Oregon. to the statute» in such cases made and provided, and against the JOHN W.GXABI 4. ■BUkK-i EM, [>eace and dignity of tne state cf ■MARSDEN à GEARY. Oregon. In. \ sici.ms and Surgeons. Dated at Burr.«, in tLt* county BUMNS, OREGON. aforesaid, this 23d day of April rttulsw. t’huuf .Vo tu A D 1902.” The State, by tbe district attor I DR H. VOLP, ney, has dismissed tile defendant Physician aud Stirgt-un, Bert Bailey from the charge in this indictment for the purpose of UFFH E AT KE.-ll'l.Ni E using him as a witness on the pari M*Bfo»< L E. Hibbard of the state, and so far as he is Hibbard Ac. IJroxvntoii, concerned you have nothing further IJIO Tl-STH. to do with him Office ’ rat dt»r east of The < itlxe • Iiank. To thia indictment th« defend Burn*. Oregon. ants, George 8. Miller ard James Colwell, have entered a plea of not • • gailty, which puts in issue every J JOHN MeMULI.KN material allegation contained in the indictment, and the material • i • • F ■* * r ’’• í *-* allegations of the indictment »re X Ö À as follows: O icgin Q 1—That the defendant» in this * Ceiudv day* preferred for caae. «be give their name« a« ■Ml ng sittii g- Photo» fin- <.» orgc 8. Miller and James Colwell, iabe in carbon and platinum were lire persons who killed th« effe s. deceased metitionedin tbe indict* to 4 ^■ostAntai.e... .-«s pa-,J ment and that they killed the de e«V iiivelv. l ir-t-.lx--w.rk ceased in the manner and form al* •ad satisfaction guaranteed. leged in the lodictment; that ia. — — - <••••••••••to to toto to to tototo to to••to• • lhat the defendant, Geo. 8 Miller, killed tbe deceased. Joseph Warren Curtis, by shooting him with a Po* S.U.I—Yearling P.u.l« from haded sbotgun which gun he the • ->r«d burham Bull »Irti «aid Georg« 8. Miller then and god grade co««; also, two three- tb«re had and held in his hands, year ibi grade Durham» a d that tbe defendant, James Col- V («ell, was present aiding aesieting . . O*o W A Office ft Ciilzeik# Bank liuihliug. a In stating to you the necessary ANOTHER BOLD MOVEMENT Miller in tha commission of said elements of the crime of murder in in the first and second degrees I crime. The indictment charges these de have used several words which have TO ABSORB THE PUBLIC DOMAIN BY LEASING RANGES. fendants George S. Miller and a defined meaning in law, and I James Colwell with acting together: will now explain them to you in or and acting together, in the sense in der that you may more fully under- The Nebraska Section First Aimed at— which it is need in this indictment, ! stand their meaning: Opinion of the Land Commissioner I referred to the woids "purpose- means that the defendant James Asked on the Measure. Colwell was present aiding, assist , Iv, maliciously, deliberation and ing. abetting or encouraging the premeditation” used in saving that said George S. Miller to commit to constitute murder in the first A recent dispatch from Wash degree the killing must be done ington says that a treineiulous the deed. 2—That the said crime, if any, purposely, maliciously and with pressure is being brought to bear was committed in Harney County deliberation and premeditation, I on congress to pass some law for and that to constitute murder in leasing the vacant public domain and State of Oregon. 3. —That the person alleged to the second degree the killing must for grazing purnoses. Cattle inter have been killed was named Joseph have been done purposely and ests now represented hero have maliciously, but without deliber abandoned tbe hope of getting Warren Curtis. ation and premeditation. through either the Millard or Bow 4. —That the said alleged killing The difference between murder ersock bills, mid are endeavoring was done by shooting the deceased in the first and second degrees is t> secure the enactment of special with a loaded shotgun, and that ns tha existence or non-existence of leasing legislation for Nebraska the result of said shooting the de “deliberation and premeditation.” only. Tiie president has asked the ceased died within one year rod n By the word “purposely,” as used General Land Office if such a bill day from the infliction of the in these instru lions, it is meant would be advisable, and Commis mortal wound. that there mu-t be a specific in sioner Hermann has replied that it It is not necessary for the State tent to kill, intentionally executed. would not, as it would be a dis io prove that the crime committed, Premeditation means, carefully crimination against other Western if any was committed, was commit considered and thought of before states, mid. furthermore, would not ted on the exact day alleged in the hatid, t>ut no particular length of pass in that shape. indictment, but it is sufficient if time is necessary to medidate upon Chaiimmi Lacey, of the House the state proves that said crime such act, and the net may follow public lands committee, has care was committed by these defendants the resolve as quickly as one suc fully drawn mid introduced a bill in this Count}’ and State at any cessive thought follows another in providing for leasing the vacant time prior to the finding of the in the human mind, provided the public range lands of the West, dictment in this case bv the Grand purpose to take life be fully set and has submilted hi» mensure to Jury of tliis County; which indict tled and determined upon by the the House committee. The bill is ment was found and returned by defendant before the commission believed to meet the conditions of said Grand Jury into this court on of the act. the interior department. Ilere- the 23 day of April 1902, Before you can find the defend aftei tbe house committee will con Under our law the jury are not ants guilty of the crime ebarged in centrate its effort» on this mensure, restricted in their deliberation to this indictment there must be some determine whether or not the de other evidence of malice than the and may report it before adjourn ment. fendants are gu’lty of tiie crime mere proof of the killing to con Tiiis bill is drawn primarily to charged in the indictment, but the stitute murder in the first degree give homestead settler., and small duty of the jury will not lie per unless tlr- killing was effected in formed until they have determined the commiAsion or attempt to com slock owners mi opportunity in the arid regions to improve and protect whether nr not the accused are mit a f< lony, and deliberation and tiie grass upon tbe public domain guilty or not of any crime included premeditation, when iieeeasary to in the vicinity of their holdings, in the crime charged ; constitute murder in the first de so as to prevent further deteriora- Thefore, under this indictment it gree, shall be evidenced bv poison lion and the monopolization of the will be your duty to find one of four ing, lying in wait, or some other range by owners of large herds of verdicts, to-wit: proof that the design was formed livestock. Under this bill, so Murder in the First Degree, mur and matured in cool bleed, and not much of the arid and semi-arid der in the Second Degree, Man hastily upon the occasion. Direct ¡egioii ai is not capable of irriga Slaughter, or Not Guilty. proof of deliberation and premedi tion, may be leased for stock-graz Under the laws of this State all tation is not required, but may be ing purposes, subject to right of the presumptions of law, indepen inferred from proven facts. homestead, mineral and other en- dent of tilt evidence, are in favor of try under existing laws. Leases (Continued on secund page.) innocence, and every person is pre ate to run not oyer live years, and i sumed innocent until he is proved , shall be limited to o areas not ex- Oil Assured in Malheur Basin. guilty beyond a reasonable doubt. I ceeding 3200acre» to any ono per Before you can find the defen-! son. Leases shall onlv be made to dantB or either of them guilty of I I). Wilson, of Spokane, and one actual homestead settlers or free the crime with which they are . of the largest property owners in holders whoie lands are tributary Ontario, passed through Baker City charged in this indictment, or of j tn the lauds to be leased by then , recently on bis return home after and crime includ'd in it, you must find that every fact and element | having spent most of the winter in and the holder of a homestead prior to patent may obtain a lease necessary to constitute such crim« Ontario. When seen bv a Demo to not exceeding ten times the urea crat lepresentative, Mr. AVilson has been proved by the evidence in of laud included in said bomeatead, this case beyond a doubt; and if 'stated that ho had completed sev- while free holders may acquire upon any such fact or element oral brick blocks in Ontario and least holds in similar ratio upon the property there, sold considerable you entertain a reasonable doubt, it will be your duty to give the It was Mr. Wilson who, in boring heretofore specified limit. Lessees prisoner at the bar the benefit of for water in Ontario, openeil a gas may fence leused land aud protect j well. He says the well is still the same from trespass. No cor such doubt by acquittal. I will now call your attention to Mowing gas, and that they consider poration shall be entitled bi a lease Where two or the necessary elements of the dif it an index of oil in the Malheur under tbe biil. more jierson« are eligible to ac ferent degrees of felony which I belt. Mr. Wilson says that as soon as the operations of the Mal quire lean s upon tin- aatue laud, have described: Our Statute pioyides that “if any heur Oil company on the Ort gon and tberu is tn,I enough public person shall purposely and of de side procee't far t hough that oil lands in such locality, the avail liberate and premeditated malice will be fount] in payioir quantities able lauds will lie equitably np- kill another, such person shall lie He al.-o state» that most investors portioned. Lauds to he le.i-cd aro to be deemed guilty of Murder in the are looking to the development classified in mix grades, anil »hall work soon to commence by the First Degree." “If any person shall purposely Bak«r City companies through th« rent fur 1 to G ■ ent» an acre, ac and maliciously, but without delib Denver syndicate r«pn-«ente<l by cording to clarification, queti of eration and premeditation, kill an Mr. Thayer There ia high grade tbe public domain us is not leased other, such person »hail tie deemed ml in M illr-ur as lias l>e«n <b-,-non shall remain open for grazing priv- guilty of Murder in th« Second D ■- Htrated by th«- small Newell well, di g«». Tiie prop "«ed law will not but the quantities and th> exact alter the Hiatus <•( grazing lands iu gree.” “If any ¡tersoti »hall by any act location of the lielt have not yet forest reserves, but the secretary of Mr Wilson, it the interior is authoriz -d to collect imminently dangerous to others, been determin'd and evincing a depraved mind re will lie reiuem'cred. is th« owner a per capita charge on horses, cat gardless of human life, although and builder of the new hotel in tle and »beep which are permitted He ia an up to-date to graze in tbe reserve«. When without any design to effect the Sumpter. death of any particular individual, capitalist, who ' lieves in axpsirid- mineral or other entry is made kill another, such person shall Iw iog and upi>u: . hg a new country. 1 upon leased land, the lea»« shall be Watering places on deemed guilty of .Murd«r in the He will return from Spokane in cancelled. two week»' iin. and continue his ' leaaaMe lands are to lie res« rved so Second Degree. “If any person shall without ma operations in Ontario and Sumpter. a. to tai accessible from all lea-ed lice expressed or implied, and with He tc-lieves in Eastern Oregon, and latid» in the vicinity. Leases may out deiil*eration upon a sudden heat says it« value« have jost tiegun to tie renewed, provided the lands do of passion caused by a provocation ta» realised by capital — Baker City not fall into tbe hands of corpora DumocaU tion«. apparently sufficient to make the pa««ion irresistible voluntarily kill Di'Mi'ution Notice. NOTH« another, such person shall I»« deem Th«' co-partnership 1 eret .f.re ex Notir i» hereby given that the ed guilty of Man Slaughter Copartnership heretofore existing iting between Simon I-ewi« and J “If in a given case the jury are between Satnu< I Bailey and U W. T. Garrett hss t«-en dissolved by •atisfied Ireyond a reasonable doubt John»-.ii. uti«ler the firm name of mutual consent. J. T. Garrett re that an «cca»ed perton is g-nity of t Bail«v A- Johnson, was di«»olved tiring from the business. Simon murder n one of its degree«, but bv mot'isl eontewt on January 1st, Lewis pays all the indebtedness of are in doubt a« to which degree it I'.srj. C W Joi>n«on retiring from the firm and collect» all bill» due th« hu«iti««« All account« due earn«. ■bouM be. it will be the duty of the the said fir/u are payable to C W. jury to find the accused person Jo! nsou. 8 am R a ILKV. C. W Jotf't-,«. <u:l’y of th» leaser degree. NO. 2.1. MURDER IN SECOND DEGREE and encouraging tin- said GeorgeS OFFICIAI. DIRECTORY Iteri io. 1902. M. M. CO Ontario, Oregon NN e have the most complete stock in town all lines of GROCERIES, HARDWARE DRY GOODS AND BOOTS AND SHOES Our Specialty—The very best of goods and prices as low as our compr L- : itors. «.*5 c. 9 O to O O ® •» » © to « o - No one has the qualities we have in all lines. «.'Ä In connection with our busine s, have secured the ex elusive agency for the *J « c • • » o a o to ircoBMics: • « • • <9 • • o a • • a * • O • « r» • • • • • to • O » • o • • to • e a • • • • » • to Correspondence Solicited. Malheur Mercantile Co. E, A. F raser Manager. Ontario, Oregon. • to •••••Otoe• •••••••©••••«••••••••••••••••••«•»•>> • • • to C* o • to • • • • n o e « to to to • n to • c to • o V e to «» © « too to o o 4» o • to o • • © • • «» to to to n Q •» to to • o o 0 h « to to to to to to ® o • o to • e to n « to t» • <» « • to V to • • *n o © • to to o o o • • o • • o to 4» to to to ® to to • o to to to • o • to o • • to » a o J. W. Bino», P klh I iiknt AND ACTINO UASHll'K. 11. C. L kvknh , Vlcn- I’loanri >r. The Citizens Bank 1N< ’OKI’OKA BURNS, ORECON. CAPITAL STOCK $25,000.00 A Oencrnl TJnnkinu KunineHri Trtinrsictoil. Direr torn: W. Y. King, I. N Geer. Geo. Fry, W. E Trisch, J C. Welcome. < .’orrcMponilonee Invited. UNDER NEW MANAGEMENT BAILEY A AN’DKEW’H, Proprietor. BURNS, OREGON. Strictly nrst-dass Bost -¿ù-oocrxxrrLecln.ticn Special Accommcdations for Traveling Men. This hotel 1» centrally located and tinder the nuuist'i’n ■ 1 ’ • -xp. wrienced landlord. Th« building has t>eeri thoroughly renoval, d The .lining room is in chary« of Jn l ie, ace .m- and is welt furnished. Tbe laides ar« furnished with the I,, st. rnodating waiters. F irst C lass B ar I n C onnection f! : I OF ONTARIO OREGON mid Indis Inni, u An nini- •>! < 'orjMiiiitioiir*, I-' Holwited. ; STOCKHOLDERS — John D. Daly. Willi wn J-< • < Frank P. A >n«r R'.ubin», B. F Olden, M. Alexander, 5. I t open- Í f.i.ffin, Ur, William Miller, E. II. Teat, Thus i urnbull. ìitiim i d e a w