The Times-herald. (Burns, Harney County, Or.) 1896-1929, April 30, 1904, Image 3

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    ENTIARY FOR LIFE bis exit to the gap
ILLER CONVICTED SECOND
ME OF MURDER.
in a Verdict After Belag Osi
Mirs--Coavlcted Mas Still
•fol and Will Appeal.
u charged was the verdict
f in the case of Geo. B.
trial for the killing of
Burtis. The verdict was
f three hours after the
ken given to the jury and
Jfd ballot taken. The first
on I
>d 8 for conviction, two
lai and two blank,
kndant was tried on a
hurder in the second de­
o
accordance with the
grae
dge Clifford sentenced
V
imprisonment.
The
wan given to the jury
about eleven e’clock Wednesday
night and at 2 o’clock A M Thurs­
day they had agreed upon a verdict.
¡Sentence' was passed Thursday
forenoon,
When asked if he had anything
rat the time of his sentence
which he had
cut in the fence and that he was
compelled to run toward the corral
to get under cover. Curtis was
Bhot with a double-barrel sbotgur.
and killed almost instantly. The
grand jury, at the regular April term
of circuit court that year indicted
Miller, Colwell and Bailey on a
charge of murder in the first degree,
but the charge of Bailey was dis­
missed. The other two men were
tried, convicted of murder in the
second degree and sentenced to
imprisonment for life in the Oregon
penitentiary. The case was appeal­
ed to the supreme court and a new
trial granted practically on the
grounds that photographs of the
body of the dead man were allowed
as evidence and displayed to the
juror-i which tended to work on
their' sympathies and prejudice
them'against the defendants. They
demanded ^separate trials this term
which was granted with the above
results. The change of venue was
readily granted, in the case of Col­
well, as it would be almost impossi­
ble to get a jury in this county.
District Attorney Miller is highly
commended for the manner in which
The case was taken under advise­
ment to be decided in vacation
Mrs Simmons has asked for ali­
mony only in the amount of attor­
ney fees and costs of the suit.
Yearlings and I wo-year-olds in quantities to suit
The case of City of Burns against
The bulls can be seen al the ‘P” Ranch, and
Paul Locher appealed from the
persons
desiring to purchase should inquire
justice court was also taken under
there
of
F. H. Howell, Assistant to the Gen’
advisement to be decided in vaca­
eral
Manager,
who will furnish informa­
tion.
tion
as
to
prices
and will sell the same
Court adjourned yesterday for
the term and Judge Clillord has
FRENCH-GLENN LIVE STOCK CO.
returned to Canyon Citv where
court will convene the second
Monday in next month.
SHANIKO WAREHOUSE
COMPANY^
Stock Eating Poison Weeds
Cattlemen in this immediate
vicinity have been kept on the
jump the past week looking after
their herds which have just been
turned on the range. Larkspur at
this season is quite thick and is
poisoning a number of stock and
the owners are keeping a close
watch on the animals, as they are
able to save them by bleeding if
noticed soon after eating the pois­
onous weed.
So far but few have been lost in
HUSTON’S,. THE PLACE
G rocerJes,
Provisions and
Feed a Specialty.
He is Prepared to fill orders
for Anything in hi Line.
All kinds of Fresh Vegetables in Season,
GIVE HIM A CALL.
General Storage, Forwarding
commission
Floué
Tropical a-d Domestic
Fruits when in Season.
SlxanjJso, Oiegfon
&
Grain,
Durkheimer Building.
Main Street.
merchants
M. L. LEWIS
Fireproof building 100x600 feet, 150 feet two stories in height.
Special Attention to Wool Grading and Bal­
ing for Eastern Shipments.
Dealers in Blacksmith Ceal, Flour, Cement, Lime, Plaster, Sulpher,
Wool ami grain sacks and Twine, G ain and Feed. Highest price
paid for Hides and Pelts
Stoek Yards uuith all the Detest and Best
Facilities for Har dling Stock
... Represents the....
Home Insurance Co., of New York,
Mark Goods Care of “8. W. Co-”
Liverpool, London & Globe,
T. G. CQ v DON, manager
Fire Assurance Co , Philadelphia.
OFFICE WITH BIGGS & BIOGS.
Bu.ns, Oregon.
Corner South of Lunabu g & Dalton’s.
THE CARTER HOUSE
®®®®®®®®®®®® ®®®®®®®®®®®®
AHERICAN PLAN
ONTARIO, OREGON.
Fire-Proof,
Modern,
WILSON & ASHTON,
Elegant
Blacksmithing and
Horseshoeing.
Ra tes $2.00 and $2 50 per day.
All Outside Rooms« Near Depot
This modern new l-otel was only recently opened to the
public. Harney Counts people will be always welcome
and courteously cared for. A first-class bar in connection.
ALL WORK GUARANTEED.
Main St.,
’
Burns, Oregon.
LIVERY BARN IN CONNECTION.
A Familiar Scene on the Harney County Stock Ranches—Branding Calves.
— From a Photo, by McMullen.
r said: “Nothing, except that I he conducted the case aud he was this way, but many have been
not a guiltv man, but circum- ! ably assisted by Judge Webster. poisoned. Judge Levens lost one
te are Buch that it seems I I The defendant had some of the very valuable cow from the poison.
best legal talent in the state to look
it prove it.”
A Cure For Headache
after hie inte-ests and the trial was
«n the prisoner was asked to
a hard fought battle. Weatherford
up and receive sentence, his
Acy man, woman or child Buffer­
& Wyatt and Geo. Sizemore did
til wife arose with him and
ing
from headache, biliousness or a
their best for their client and the
I her arms around the prison-
dull,
drowsy feeling should take
two former gentlemen made most
leck. He seemed ready to
one
or
two c f DeWitt’s Little Early
eloquent pleas before^the jury.I
down and spoke in a broken
| Miller’s conviction was certaihly j Risers night and morning. These
famous little yills are famous be­
uot through lack of able counsel.
I attorneys, Weatherford &
One point that will be embodied cause they are a tonic as well as a
t, of Albany, filed a motion in the bill of exceptions will be the pill. While they cleanse the sys­
new trial, but this was over proposition of an affidavit made by tem they strengthen and rebuild it
and they then asked 90 days the defendant as to what Bert Bai­ by their tonic effect upon the liver
ich to file a bill of exceptions ley would swear to. The defense and bowels. Sold by all druggists.
j Times-Herald reporter went ' asked for a postponement of the
he jail immediately after sen- | trial in order to get Bailey here as< Don’t delay getting a good supply
was passed and had a talk a witness. This was not granted, ' of alfalfa seed, Geer and Cummins
he convicted man. He is but the defendant’s affidavit was | have it for srle.
lopeful and says he will again to be allowed to go as evidence.
i
,1 the case to the supreme I This was not introduced during thej
and get another trial. He re­ taking of testimony but the attor-
el to the reporter the asserta- neys for the defense started to use
hat he was not guilty, stating I it during the argument, which was
[ objected to by the prosecution bus -
I tained by the court. The defense
nee Colwell, who woe indict- I will claim that it had the right to
nd convicted jointly with ' use this affiidavit at that time.
I two years ago. will be tried
The trial just closed has been one
I fall term of circuit court in ! of the most expensive ever held in
fur county his attorneys , Harney county and has attracted
g moved for a change of venue much attention and comment.
I was granted.
Should the case again be remanded
8 crime for which Miller was I it would be almost impossible to
Bted was committed in this t get a jury in this county.
■ty two years ago last month
■ Warren Curtis was shot dow.i
Withdrawal of Desert LaNds.
k home near Narrows in the
it. There had been consider- j A eiegram was received at the
■trouble, it appears, before and ! Lakeview Land office last Saturday
■is had a colt in bis possession from the general land office at
■was claimed by Miller. The Washington, ordering the with­
Ir had driven a mare which he drawal from entry except mineral
ked was the mother of the colt enteries, 69 sections' in townships
■ in the vicinity of the Curtis 24, 25 and 26, in range 71, all east
Ih and sent word asking permie- and south.
Ito bring the animal in to see
The above discribed lands lie in
■e would not claim the colt.
the vicinity of Christmas Lake
pis request Curtis refused and about 15 miles east and from 10 to
I word to Miller not to come on 30 miles north of Silver Lake, on
[place unless be brought the the desert.JWhat such a withdrawal
tiff That night Miller, James could be made for is a puzzle to
■ell and Bert Bailey went to the those acquainted with the character
8e with some gentle horses, cut of that portion of the desert—Ex­
I wire fence and entered the aminer.
toises with the intention of re-
ling thecoit from the corralsi
Circuit Court Adjourns
' driving it away, Curtis was
ikened by the noise and came < Several cuneo of tn indr itnpor-
and ordered the men off tbe|tance were taken up by Judge
to-. Ik was shown on the witness I Clifford after the ending of th*
bd that Cortis was unarmed at. Miller »rial, but no decisions were
I but returned to the house and j rendered. The arguments in the I
a 22-rifle.
i Simmons divorce case was finished <
filler claims that Curtis cut off! up and submitted to the court. I
J^*^**»W ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦
t
|
THE HOTEL BURNS BAR. I Harney County Hospital]
i
fine Wipes, Liquors and Ciqars
I
Aqppts for Maryland Club WbiskU-
|
CLUB ROOMS IN CONNECTION.
I
|
I
$
Having newly furnished several comfortable rooms *
for the occupance of private patients, I desire to an­ «
nounce if.at I am ready to r- reive surgical or medical
case'on reasonable terms.
BAILEY, proprietor.
EVERYTHING Fl 5T CLASS.
Courteous and obli^iixj Mixologists.
|
£
Pleasant Quarters provided for
Obstetrical Cases.
EXPERIBNCSD NÜPSES IN ATTHNDHNCH.
e
Chas. E. McPheeters, Propt
Burns, Oregui..
THE BARTLETT HOTEL
:
:
o
o
•
Drewsey, Oregon.
Large well fiirniahed house. Good large comfortable rooms ai d la-da and
well furnished tables. Thia is the pioneer hotel of Drewsey, but having
recently been destroyed by fire, a new hnilding much larger and more
convenient has been erected. Everything new and neat.
Rates Reasonable.
Stop at the Bartlett,
FEED BARN IN CONNECTION
URNS MILLING CO.
HORTON dt SAYER, Propts.
Rough and Dressed Lumber,
Rustic, Flooring, Moulding,
Finishing Lumber.
Nearest Sawmill to Burns. Good Road.
Lumber Yard in Burns.
THE WELCOME PHARMACY
Keeps everytl ihr that can b - found in a first-
class and up-to-date Drug Store. Our St rc
*is modern and our Labrat<ty comp!' te. We
Haye Largest Assostment of Prescription Drags
In the Interior.
And
•very
article in
•uaran«
teed.
We compound and dispense medi­
cine with scietific
Come in—take a look at a
beautiful display of
ACCURACY AND SKILL.
JEWELRY
And ire guarantee erery article that goes
out of our store. When in need o/ any­
thing in our line don’t fail to call as you
will get your money's worty.
On the counter you will
find catalog illus­
trating
thousand*
of useful
and
practical
Gem*
If you want the
very beat values
for your money
BUY HERE
THAT’S ALL
H. M: HORTON
City Drug Store
HOPKINS & GARRETT,
Manufacturer* and dealer» in
SADDLES and HARNESS.
Bridles, Spurs, Whips, Robes: Ropes, Etc.
If your stock are ailing in any way come and get some
Security Stock aietuedier; Gall cure, liniments, blisters,
etc. Also poultry food
Address, Burns, Oregon.
T. C. FOLEV,
©BLACKSMITHINGS
Wngon Work and Horseshoeing.
General Repairing.
At the Old Stand.
All Work Guarant ed.
Burna, Oregon.