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About The Times-herald. (Burns, Harney County, Or.) 1896-1929 | View Entire Issue (May 10, 1902)
OUR SPRING STOCK NOTICE. The great cattle barons of the MURDER IN THE SECOND DEGREE. diet upon him great bodily harm, ïhc Ïimes-Mieraid i west are unceasing in their ener and the defendant shot the dec us The co-partnership heretofore ex Is now arriving and we are now prepared tn show our ed in revenge or in a reckless spir gies to force a land leasing bill isting between Janies Colwell and (Continued from fir at psg* ) it, then and in that event the de SATURDAY. MAY 10 l'XF2 C. \V Hays, has this day been dis through congress. Having sig fendant is not entitled to claim ex solved by mutual conseiu. Malice is not confined to ill-will nally failed to get either the Bow C. W. H ays . Maaager towards an individual, but isin-| emption from punishment on the JII.IAN H Y K J» ersock or Millard bills through, J ames C olwell . In lines not heretofore carried in stock. The latest fashio,. I ground that the killing «as in sell- tended to denote an action flowing Burns, Ore., March 31, 1902. liotli of which provided for the 1 defense. from anv wicked and corrupt mo DRESS PATTERNS, SHOES, HOSE Ett DEMOCRATIC TICKET. leasing of all the public lands in tive—a thing done with n wicked I charge you that it is a well set Our line of FRESH GROCERIES is complete in western states, they concentrated mind and attended by such cir tled principle of law that in an al NOTICE TO CREDITORS. For Governor— department. Our old patrons are invited to call xn(] their efforts in getting a bill pass cumstances as plainly indicate a tercation where one is assaulted GEO E CHAMBERLAIN ed that only provided for the heart regardless of social duty and and then retreats to a place of enti Notice is hereby given that by For .Supreme Judge— he has no right to arm . himself 31) ; Giva^« leasing of the public lands of the fully bent on mischief and which ty order w of the Court of * --- County - B F BONHAM. with a deadly weapon am! renew daU y!arcl) 26th the undersigned state of Nebraska. On this pro indicates malice in the meaning of For Secretary of State— position they run counter to the the law. Malice, in its legal sense, the combat when he has a reason»- was appointed and has since duly D. W. SEARS. Lie opportunitv to escape, and it he qualified 1-------- is now acting as Admlnis- , M. F itzgerald , P resipent F. S. R ieder , S ecy and T1 l judgment of our ever vigilant and denotes a wrongful act done inten , _ trator of ..r *1.. U' jtotM ni' For State Treasurer— the Estate of Jn.unh Joseph War- War does so he becomes the aggressoi tionally without just cause or ex B iggs ä T chner , A ttorneys honest commissioner of the gen ren Curtis deceased. Ail persons HENRY BLACKMAN. I and if in the cornbat that ensues having claims against the said Es eral land office, Binger Hermann, cuse. For Attorney General — Eastern. Oreg-erx Title (,’nder our statute the killing of I death results, the aggressor cannot tate will therefore present them J. H. RALEY. and were again defeated, A new with the proper vouchers ashy law G-u.ararxt3r Co. a human being is excusable when ' claim to have acted in self defense. For State Printer— bill has now been drawn and in- the office of Attor 1N CO H PO K A T K E>. committed by an accident or mi.0-; If you believe <hat the defend required to meat • J. E. GODFREY. Williams at Burns, ney Thornton V." ’" troduced by Chairman Lacey, fortune in lawfully correcting a ; ant is not justifiable or excusable months from the Abstracts Furnished and Title Guaranteed For Supt. Public Instruction— Oregon within 6 of the public lands committee, child or servant or in doing any for his act, but that he was not uf the publication of this W. A. WANN. which pretends to be in the inter other lawful act by lawful means prompted bv malice, then you expiration To all Lands in Harney County,Op notice. For U. S. Senator — est of homestead settlers and with usual or ordinary caution and j should find him guilty of man Published in the Times-Herald EE-A.E ESTATE C. E. H. WOOD. •1 full weeks the first publication small stockowners and its fate is without unlawful intent or by acci slaughter only. For Congressman First District— being dated the 2f)th dav of March Bought and Sold on Commission. Oilice in Bank Bi¿ anxiously awaited by thousands of (lent or misfortune in the heat of I clnirgo you, further, that the W. F. BUTCHER. 1902. people in western states who passion upon a sudden combat right of self defense does not imply J ames F M ahon . DISTRICT TICKET, Administrator. know that the cattle barons dicta without premeditation or undue ad the right of attaek, and will not For State Senator— ted this bill as well as the others vantage being taken, and without avail in any case when the diffi that have so far met with defeat, [any dangerous weapon or thing be- culty was induced by the party WM. SMITH. Petition for Liquor License. For Representative— P. G. SMITH, Propt., - - - - Burns,Or, j ing used and not done in a cruel or j himself. —Canyon Eagle. I The law regards human life as To the Honorable County Court of E. II. TEST. unusual manner. Hear. The killing of a human being is the most sacred of all interests Harney county. State of Oregon. Fresh Geef Fork, etc. in any quartity desired- < ot NTV TICKET. The cattle kings that are so an- . justifiable when done in self committed to its protection, and, We the undersigned legal voters Eologna and Sausage of all kinds always an hai.i For Judge— xions to lease the public domain/ defense, but by self-defi'iise is not 1 there can be no successful setting . f the precinct of Saddle Butte said • 0 of W. C. BYRD. for grazing purposes have abiind-t njt.flnt t'hat O|le perHOtl liaH a right up of self defense unless the neces county and state, most respectfully For Clerk — oned Oregon completely since to kill another to prevent h slight sity for taking life is actual, pres petition your Honorable Court to ' FRANK S. RIEDER. they read the platform of the pol injury or a moderate beating; for ent, urgent: unless, in a word, tiie grant a license t> N. J Lewis A Co. For Sheriff— itical parties. They still have such injuries a person has no right taking of bis adversary’s life is tbe * to sell spirituous, malt and vinous GEO. SHE1.LEY. resort of the 1 party " ! Ii liquors nt their place of business the gall to keep after the proposi to take the life of the wrong-doer, onlv ” reasonable . For Assessor— but must seek redress from the I to save his own life or bis person in said precinct, in less quantities tion, however, and are now turn W E ALRERSON. ing their efforts to poor old Neb courts or by otlrer lawful Uieaita. | from great bodily harm. : than one gallon, for a period of six For Treasurer— Before a person will be justified raska. Should they succeed to months, commencing on the 9th. a .1. M. DALTON. in taking the life of a human being Rutherford Noi on the Ticket. get a bill through congress pro 1 Jay of May 1902. For Commissioner— viding for tl>e leasing of the land on the ground of self-defense, such ' S E Jameson, J L Sitz, I) L Buen,! EDW. .1. CATLOW. killing must be necessary or ap-! A .Salem dispatch, dated Mav 2, R R Sitz, N () Card, I* F Heinz, N i BURNS, _ — _ OREGON. in that state it will prove their paret.tlv necessary to save life or savs: To-day was the last, day on S Card, G E Parker, Win Eghart. Draws plan, makes estimates, etc. Buildings pul up within the 1: own undoing, as it will practically In various parts of the state demonstrate the folly of such a to prevent great bodily harm. ¡a/*íalisi"actiou guaranteed. which a candidate, nominated for' Hen Jordan,.! C Gray, I P Cochran, | figures given in e.-tiui.ites. The jury has a right to consider j office upon petition of individual John Carey, G W Clark. Ira Clark, there are in existence anti-Furmsh measure and open the eyes of any uncommunicated threats which | j electors, could file . his acceptance. Ed .Silver, R Brookhouse, Ed Jor- republican organizations, that aie congress and the east to the enor they may find that the deceased I ami he given a place on the official dan, J A Oard, J W Kelso, 1’ L waging effectual war against the mity of the scheme. made against the defendant Miller ballot. The only regularly m mi < bird, J T Oard, John Jordan, J 11 head of the ticket. They are de for the purpose of determining! nated candidate on any of tbe state Jordan, I> W Jordan. M V Smith. termined men who mean what Brick nmi lime u'ways on lisml at the yard. »J?“Re»i<ience Hanlfjkn While the republicans are mak which one of the parties fired the . j ovoct S who failed to rile his accept- Notice is hereby given that on they say and say what they mean. t;r t . h r.r shots, or, in other 1 first shot or ing a great fuss and much demon and“, as required by law, wasChas Monday the 9th day of lune, 1902, They mean to defeat the republi «AS TI stration with campaign speakers words, which one of them was the j P. Rutherford, of Burns, candidate ' ive will apply to the above entitled first assailant. can candidate for the office of ANY and wind—backed up by an un I for supreme judge on the socialist court for said license as specified in Any man whose personal prop- Oregon's chief executive, and ticket. Mr. Rutherford was in' this petition. limited campaign sack—the dem- perty has been wrongfully taken1 they say that is what they mean N. J. L ewis «t Co. oci ats are doing some very quiet from him mav enter upon the lands Iowa when nominated, and did not to do. They say it openly. They but effective work. The local of the taker for the tole purpose of return in time to Sle his accept publish the fact to the world. republicans are taking all the peo- , ret-king his property, providing he; ance. The time for complying NOTICE FOR PUBLICATION They print it in the papers, and with the law in the case of Mr.: pie possible with their speakers, does so for that purpose alone ami i desire that everyone know of Rutherford, who was nominated by I DEPARTMENT OF THE INTERIOR. paying all bills, in order to make 1 in a jieaceuble manner, and his so ■ I.anti Office txt Burn», Oregon, April 10. 1902. their intentions. They declare an assembly of electors, expired a showing and have a crowd at entering upon the land is not a April IS, or forty-five days pre Notice is heroby given that tbe fol’.owing- that they propose to rebuke the t'.ame«! Mettiern h:t\«* tile.I notice of their inten ----- RESERVED FOR----- their meetings. Possibly this is trespass and i« not wrongful. tion to make final proof on their renpeetive ceding the date of the election. < lait'ig before tbe I :<»g m.«I Receiver ut influence of money in tbe politics When a man is armed and seeks I hnrj O cvoti.on Maj. .0,02. viz the only way to get a crowd, JtLian <’. Bvrd. H. F No. 1244 for the NEl-4of of the state, and they decl.ire that | Ser. T It. ;-u: E hut will it pay them? If they anothvr for an affray or an alterca MR. TEST S POSITION. Wii'.in.t Herd, H E. No. 121’6 for tUe SE1-4 the rebuke shall be so severe that it tion, the law will not permit him H cj .29, T U.S R.l.iE have to pay people to go and hear ' They will have something to say west week.. XinlrrBou L Hunter, If. I*. No. 1246 lor the will be many a year before any to provoke and urge on (he dafli- rfcl-l fee N. T. 2.-. S. R. E. I their «peckers what good will the Verner J. H«>pkinn. H E. No 124'», for the O ntario , Or., April 22,1902. >111 . '• c. .s, T. u . s. R.F. one places possession of money jeultytoa point where there is an demonstration do? They name the following witnewit to prove Mr. Julian Byrd, Manager Timee- •heir ' appearance of an attempt to use a ahead of brains as a pre-requisite i lift' in’.'iitiH residence up«,n at 4 (ultiva* i tlon of said in: 4, viz: IV. c. Byrd. A. I . Hunter Heralxl, Burns, Oregon; Dear Sir — i weapon mid then justify the ag for the oilice of governor. FiHuk l ii::in;.!u :n. .’uliun Byrd and \ . J. Ik p- Since circuit court adjourned gressor in tbe taking of lite simply In answer to your favor of recent in.r. .it,.i i utls .ine.-. u. FARRE, Reffarter. This is the most significant the various candidates for county on the ground of apparent danger; date, “in regard to my attitude on movement that ever took place in the land-lensing question,” I beg the political history of Oregon. It offices have almost deserted this in such a case he is the aggressor leave to say: That I am opposed, NOTICE FOR PUBLICATION.: and the active cause of the danger Land office at Duma, Oregon. April ?, 1902. { is unique, in that it is a still hunt place and gone to different sec which menaces him. ami he must first, last and all the time to the N .’tce is hereby <tvm ihat the tellowiuK- 1 r.ame-l FP’tier has filed noth «* bis intention with men pretending to be for tions electioneering. While the abide by that condition of things passage of any land-leasing bill of to make final vro f :»i support of his < latni.and that said proof ill l»e t:iaue bef«»re th*? Reg^rer tlieii party ticket openly, and then campaign seems to be quiet there which his own lawless conduct has any kind or nature. hit'! K'u eisor at Burnt, «»reipm. on Muy 21st, r-trj, viz Julius E «'handler, oi Riiev. < »reeun. proceed to knife it the polls, but is considerable interest taken and produced. Yours trv.lv. t r the 1 4 SVt 11 Ration 17. N1 2 N A l 4, SEI 4 the democratic candidates are do NWI l a. ction J). T 2» SR • F. W. M it is open reyolt as will be effec E. If. T est . He name« tht following witnessea prove It is the necessity that gives the hta continuous rraidenre upon and eultkation ing some good work. A vigor 00» .eoe* ••••••• •••••*••>' tive upon the second of June. right to kill in self-defense, it is not of raid land, viz: E M. Ghevney, of RUev. *>r- 4 1.*.>!».<» 1». Rusk. Richatd King and l.e Roy Thornburg, a.I oi Burnt, Oregon. It has settled the question as to ous campaign is being made by mere convenience, hui I if a person T. M Seward, postmaster at W m F a nr. e . Reciter who will be the governor ot Ore the state nominees. The demo caa an well as not, and with due Cord, died at his borne the first of crats are confident that Geo E. regard to his own safetv,disable the week from pneumonia Pe- gon after the first of next January. NOTIE FOR PUBLICATION. It has eliminated largely the debt Chamberlain will be elected gov bis assailant ami «hereby secure ceased was an old resident of this I AND OFFCE AT DCRNS, OREGON ernor. himrelf from the threatened injury section and was engaged in the in the minds of the supporters of ttareh IT. 1902. it is bis duty to do so. A person stock business. Mr. Seward was a Notice 1« herebv givm. that the following Mr. Chamberlain as to the chanc Dea.’ers in named settler bes S',-t uo-l .* ot hi. intention Another Eastern Orego» town 1 cannot make self-defense a cloak brother to Mr-. L B Spring of this to 1 ake r.’. al proof in Ki|>p<>rt of hla claim, and es (or his election. thnl -sei l-osif will be niade before K.-els'er for personal violence. I do not city. His widow and two daugh- and K< eiver at Burns. Oregon, on May :i. V.Oi. There is no room to doubt th.»t has been swept by tire anti still vu H.l r : trv Xo r’-.Oof » ar'ton I. Barker ter mean by this that a person ia bound th. -t ,1 I - A ' 4. ,• . tlon '.'I. Ml., XVII, XI 2 rers, Mrs E. A. Brown and Mrs. Burns stands without losing any the sentiment of a majority of the . 1 - U .- I W V,. to flee. Under our law if a perron George Snivtb. and his four eons XI lie 1 re <■, th- folk.wing wltnessea to »rove < lectf rs of this state is against Mr thing. Our fire department should is attacked he is not compelled to bls 1 .rutlt.u.rris rc»i !. n< e upon air.l ru,rival survive him. <■.' ssj.i red. vl.r I <’»• rhornbnr«. \1 < ole u 1 -. r‘ V) *er. of Bu.-na, Oregon, Mel J, ho dialers. Furnish and for Mr. Chamberlain. be kept in the best possible shape run but may -tami his ground and Job printing—The Times-Herald Kiley, virugwu. Gio. W. Hivtx Ketgater. it is «Milieu upon the wall that and regular practice work kept repel force by force to any extent Crockery, Glassware, Windmills, Pumps, Guns the Pendleton banker is politically up. The Prune City tire should that may be necessary to save his Ammunition, Fishing Tackle, Paints, Doors doomed; that he will not be able be a warning. lite or prevent great bodily harm Windows, Garden Seeds Etc. .*» > to withstand the assaults of the To justify an acquittal or» the anti-Furnish republicans who are Col. W. F. Butcher is one of grounds of self defense a person ...AND... Sole agents for Rider-Ericsson Engines. united in their determination to the most forceful sneakers in Ore must act in good faith A person has no right to provoke a quarrel I fight to the end of the campaign gon and the people of this section Only Tin Shop in Harney County for what they believe to l< purity will be treated to a gosxl rousing and bv his own voluntary, malici ous and wrongful act bring about of our electoral system address. AtT. nl, tbe people o< East and Central Oregon all the oprortmiity ot a the necessity for defending himself' firat class modern Ruameas t d . k-e. It ia a 1 nine ir.stit ition eavering and then justify it on the grousni of I every cv irae involved in Bmine-« College nor's I's rates are the same It had been hoped that Hon * The registration books close on self defense, nor can the defendant! a« charge 1 el«ewbere ami the meth.’.!, are th- «a:ne Strt fent, dm'tte I ' ico. 1 . c h.uuberlain. democratic I the 15th,next Thursday. Regis Ret tbe benefit of the plea of self al an, t me. loslnrrtion nt Ihr Coller:» er bv 11. ..I. Vvriug tne summer 11 euilit the Cullegw will cn lu t a defense if he sought the deceased noimnc«- (ot govemot, would visit 1 ter now. with a view to provoke a difficulty cm «ouiitv during th«- campaign, It is not always nsce««ary that bn’ .»«cording to bis itinerary rv- DF^(KR<TK SPFKklNQ the danger should be real inorder «cixed .it this clliiv, it will be im- Bo-teict ers BD.I others who I-.-e » rev-eviaf or preraralr ry „ p, --ir . The republicans have Hon \\ F Butcher, nominee far that a person may justify cn the For spei-nnens ol pen work, and full iuíormetioa , a Bu eee tub tl . i,l\ int«.'«' <»f big campaign ■ eongrMii<t»*n. «ill sddre*. the eili- gtaund of self defense, but if the ject». address defendant acting as a reasonable •n of Burns nest Fri lay evening. - i»k ,iu«l can thcK-fore pul more' Ixi. man had reason to beiieve ami did terr < -pc« k« is in the tiehl However, May IS. He will leave the next Iwlisvs that his life was in danger Tu« s Geo t. hamberlain will carry this morning, .(leaking in Dveweey of great bodily harm at tbe bands On \ «oinit« by ,i go« d majority, as he Saturday, Mav 17. Col. Butcher of the deceased, and acting upon Would lik. very tuuch to give more lias numerous |>eiM>tijl friends lime to this »action, but, owing to such belief took the life of the de I «ic who aie looking after hi» in the br »( interval between now ai d ceased, such act oo his part will be let «‘StS. •lection in which he has to cover justifiable although it might after hie district, he m»«l ancvmciuit. wards appear that there was in fact so real Jaogvr. Onix lise moie days until the the time. He is a noted campaign If the jury byliew from the evi- ”<•( lain A Ri.'gx Proprietor", «(W iker, aud we hope to sec a full , I, < 1.- 11 >-. \ vitcrs detics that tbe defendant bad no boose to greet bio.. All ar. in wi. have nut yet 1« g'stcreJ T' , Stebl is’ e»te<i itk.r rnet "f First snd B Str»«»« >•< •* vited Tbe Bur a. BanJ will fur- reason to believe that tbe deceased »h uld make t.a ti. Imsfi music » .gr»u ■ luù Hi« e prter.t 1 j>. lisa* a Jvb M sgea • linteitded to take his life r to in t Ha Ha Th CITY M AT MARKET Your patronage solicited. Harry C. Smith, Contractor and BuildeiA— » . 1 A Erick Laying artel Piaster. MILLER & THOMPSON. C-EER & CUMMINS CI TIZENS BUSINESS COLLEGE CORRESPONDENCE SCHOOL THE CAPITAL SALOON Zb Ixic ZEZsacS. psrs Io any fati c f the C sain. The