Image provided by: Harney County Library; Burns, OR
About East Oregon herald. (Burns, Grant County, Or.) 1887-1896 | View Entire Issue (Oct. 25, 1888)
; STATE OF OIUSGON vs. D. L. SHIIIK. Mnid there the latter part of winter of (10-70,
MRS. D. L. SHIRK,
I’M New llomesteBd Law—Glad Tldiags I
Wife of Defendant, wui sworn and testi
fur Homeiosj ThuuaMtda.
D. L. GttACE, -
fied: Was at hotnr September i^tb; learned
—Advertise in T he H erald if
A new laild bm of grcat -m
D eeeotb .-J concluded ].
of thc hoiuocidc in the morning 1 went up
on top of the house with a spy-glass. 1 aaw
THURSDAY, OCTOBER 25, la»».
! two men get on horses at the cubin, and one
A t the FBDE1.-A1I «port, are i ^bal^d tbc‘r
«*• ..... «
t. ».a. i.
mm sept 14tb on the way iroin
ww. > after getting on leaned over and picked up
! to the effect that work on the Ore-: bonicstead and Pre-e,nPtion laWB, He «id sin,« >,«d inured him to t»ke • dtfak I something from near the cabin. They rode
-1 m . ■ A t- î _ .
luì a ahuuk
tx.w .1» k.»«.
H ■III 1 th
>i t .w
11 1 c hi hw
| down the fence opposite the plowed fcjoulid
! gon Pacific road is living vigorously | has
P8””*1 the Li
8 .. ,e ». natc
with iw* il and
there wm no show to win that
caae and ; ’ got off their horses, crawled under the
pushed at the front. Employment. ^rta"‘ u
has been now wanted to make up with hU»; that be waa fence—one had on a red shirt. He walked
onto ohiza a racket. Baid 8hira had whipped
is given to every man that comes 1
e ouse o
epresen- him, buthe had never had but one opportunity over and into the plowed ground several
along, at the rate of »2.25 per day. !tatlve* aud relur,,ed to tbe Seilate to get ewu with him. and that waa at Vaaa i | steps, stopped and leaned down. I called
apringa and he had allowed the boja to j i to Shirk “They are going to move the
Of New York.
The fine weather up to the present I
concurrence in the amendments, creek
take him out of it oh account of Shirx’a fam i body,” then I said ’‘No, they are leaving
has been Very favorable to the con-I Thc b,U as Pai8ed b? the Senate Up being present. That when he called Hhirs it.” I was watching to see what they did.
tractors, and should it continue for '
aH P^r8ons who,bave filed out and aaked him to throw him in the creek It was not very long that they stooped
he calculated if Shira came nearhiui U> touch
or homestead him, to kill him, and give him no show at all. over the body; they went to the fence
ALLEN G. THURMAN.
another month most of the season’s
crawled under it, got on their horses, leaned
That he had men behind him that had more
work will be finished, with the ex law, but who for any reason have money »ad friend a than Shira had, and I | over as if picKing up something from the
ception of a tunnel and perhaps failed to acquire t’tle to lands, to ¡f av#r he ahnuld do Shira any injury he bad wire fence, and rode on down the fence to
thiuga fixed ao that Bbira’a brothers would Dunlap's cabin. This was near noon, be
some heavy rock work which may again file under the homestead law never get a hold of him. But if they ahould pet fore dinner. It might have been a little be
W. H. EFFINGER, of Multnomah. be continued through the winter.
a hold of him he eonaidered himself aa g^od a fore or after 11 o’clock.
man aa either one of them, and he wound it up
Trains will soon be running to Mills | one quarter section of public land. by aaylng that he couldn't get over the whip In the afternoon I was up on the house
W. B. BILYEU, of Linn.
again and saw two iuen riding down the
ping that Shira gave him the winter that he
City.—Newport News, Oct. 11.
fence. They rode down to opposite the
E. R. SKIl’WORTH, of Umatilla, |
tho House of Representatives au settled.
He bad in a scabbard on a belt by his side a plowed ground, and turned round, and ’
T he Bchponer Twilight from San thorizes registers and receivers to 45-callbre Colt's six shooter—1 don’t know if a rode buck towurds the cabin. About 1 or 2 '
rpsnlnfp-1 ' „
E very Dtitocrat
or single action. A re hey and Josh Jor ! o'clock I went up again and they rode I
r raneiBCO arrived here on Sunday grant leaves of absences to those double
dan were riding behind ua and both of them down opposite the plowed ground und
ly arrange his business affairs so
with a cargo of 380 tons of steel
had pistols swung to them.
turned round und rode buck, and again in
os to be sure and vote Nov. 6th.
I told Mr. Shira what Isaacs had said. On the the evening I went up with lhe field-glasses
rails for the O. P. extension. She “by reason of drouth, whole or par day
before Isaacs was killed I told hi in.
tial destruction of crops, sickness, I waa at Sweitzer’s cabin the morning of the and they, the two men, were on the plowed
As this is the last issue of T he is now discharging cargo.—Ibid.
or other unavoidable casualty,” are 8th; un4aaff<f^ck Dunlap riding a gray horso ground with something on the ground.
IT erald that will reach all of its
They took it up and spread it on the groui .d
the fe't&i ou’sl^e the field.
T he fifth volume of the “Mani unable to “secure a support for him down
I left Sweitzer’s cabin and drove a wagon It looked to me like they put clods on «he I
readers before the election, it would
fold Cyclopedia,” which has just self, herself, or those dependent over to Swan’s cabin, and just as I drove up blanket to hold it down. They went to the
emphatically appeal to every Demo
I heard a shot fired to the north and west fence, crawled under, got on their horses,
been pu'oiished, more than sustains upon them,” such absence not to there
of where I was—only one shot. It was in the ' one leaned over, looked like he was pick
crat in Eastern Oregon to go to his
the good reputation of the previous exceed oqe year at any one time, ’ direction of tho Kam Crow Timber Culture ing up something from against the fence,
voting precinct and deposit his bal
claim. Was with Andy Shlrx. We got a stove
issues, being, especially, more full though the period of such absence out
and put it in the wagou; drove to my place; and rode off in a northwesterly direction. I
lot for the Cleveland ami Thurman
in its vocabulary, and the entire shall not be counted as residence | unloaded the stove and set it up in the house; watched until they came opposito our place
there talking with Andy Shirk, and and went down stairs and told the little
workmanship, both literary and me upon thc land in making proof and stayed
then drove horses and wagon up to Dave ■ I girl to go up and watch them. It was day
Shirk’s ranch. When I got within n Kf mil© of light in thc evening then—don’t remember
I n test cases in California, U. S. chanical, apparently being of a perfecting title.
hia ranch I met Lyons, and he told me that just the time.
Circuit Judge Sawyer and U. S. Dis higher grade. It is certainly not
The second amendment provides Shirk
had shot a man named Isaacs down on
Shirk and the hired man went to the sh< p
trict Judge Hoffman have decided ; only a wonderfully cheap, but a that pereons who have made home Crow s Timber Culture.
to grind the grubbing hoe. I came into th’e |
the Chinese exclusion act to be con- j thoroughly excellent Cyclopedia for stead entries for less than one-quar didn’t know. He told ine he w ia going to see the shop after the key and walked right |
stitutional, and that all Chinese ; almost any conceivable use except ter section may make additional Andy Shirk and asked where he could fiud him out. Heard Shirk say “don't get into any
I told him, and drove on to Shirk’s ranch.
trouble,” us I was going away from the 1
who have arrived since its passage ■ that of a “trousers press.” The entry for land contiguous to the ori I went in the house and talked about 10 min shop. That’s ail I heard of the conversa
or who may hereafter arrive, must publisher will send specimen pages ginal homestead not exceeding, utes with Shirg, who told me he had sent Ly tion.
down to Three-Mile after his brother Andv,
I know Dunlap. He was at our house
free to any applicant, or specimen with the land in such original en ons
return from whence they came.
and for me to wait till Andy came up and then the 19th of September. Had supper there.
volumes may be ordered, and re try, 160 acres, or if the entryman to go down with him to where Isaacs was; that Shirk was not at home; came afterwards
The Umatilla county “East Ore turned if not wanted. Reduced elect they may relinquish the origi he didn’t know whether he had killed him or for some posts and hay. Told him to wait
not, aud If he was only wounded that we possi
! till Shirk came back. Don't remember
gonian’’ says: “Wheat is quoted at rates are offered to early purchasers. nal entries and make new ones the bly could do something for him.
cents, a slight reduction hav John B. Alden, Publisher, 393 Pearl same as though they had never I looked and couldn’t see anything of Andy when he went away. Was there again.
coming. I then went Into the barn corral and Will Shirk asked me for bacon for Dunlap.
ing taken place, because of unfa street, New York; 218 Clark street, made entries, except that no fees caught and saddled up a horse, and went down We gave it to him—Will carried the bacon
j there by myself. I went south-westerly nearly out to Dunlap, who said he wanted a % doz
vorable reports and dullness in for Chicago.______________
or commissions shall be exacted i to the body,
en candles. I gave them to him and he
eign markets. It is said that but
from thc entryman for such addi I went to the fence north of the plowed handed ine me $5. I went onto the porch
68 cents is now paid along the O. i
tional or new entries. 1 ne rest- then weut to the body down acroae the plowed with it, went round lhe house, and gave
D e jt enacted , etc ., That from
W. T. R.R. The Pendleton market
deuce which has been made upon around. The body waa lying on the left aide him back lhe |5 telling him to settle with
. With the left arm partly extended, and the right Shirk. Then I went into the house and
is quiet and few transactions re and after the passage of this act, it ......
the original entry will count as resi-1 wrlK aero.. it, with th. hat down over the face Dunlap rode away. Shirk was not yet at
ported. Barley remains at 80 cts
home. He came again after Shirk was at
dence upon the additional or new ; “f,r ••lhe
for export, and oats at 90, with lit laborer who shall at any time here
home and played billiards and had dinner
there. Don’t know when he went away,
tofore have been or may now or
tle doing in either.
where satisfactory final proof has .,,im8 rt"« a 1“1 p 1»«-
He played with the children once when he
hereafter be a resident within the ,
I drat eatlafled myaelf that laaaca waa dead,
already been made on the original | j ¥acR „„ oue kD.c .ndl.„mlned hla_f,lt was there.
T he wool growers of the State f
- - - States, or wjio
I knew Dunlap when he was a boy. He
proof on the additional or 10(
p“>«8. but could feel none, could aee used to live at Valley, Plumas co., Califor
while in session, appointed a com- deparfed or shall depart therefrom entry no
. 1 uo'blng of Andy Sblrx yet. I the-
tunlap r ’, --------------
cabin and as
aa I : —
u a ____
man nia. IIC hud n very bad character. I was
mittec to petition the Legislature to and ghdl not have returned before new entry will be required but pat-. toward
came out of it and walked cast toward the fence told he stole jewelry from a blind man.
abolish the law allowing each coun- jbe pagsage of this act, to return or
This will be glorious
news to thou- ’“J.“;*’I/?; • I could not eee any pistol but ho I heard he was in prison for stealing.
had on a belt
DCK nearly full « of
a . voFtraugcw.
ty to impose a license tax on sheep I rem;in in“thc United States.
D.H l SHIRK
to acquire notice any farther than that they were a Ion.
pasturing in the county.
Was sworn and said: I am acquainted with
S ec 2. That no certificates of homes but debarred from doing so calibre; the scabbard laid on hia right with Jacl*. Dunlap.
On September 17th he was at my house
T he bailee Sun of the 10th »aye: identity provided for in the fourth under existing laws. There is little the belt ruu through it; he had no c«»at on.
tracks loading towards the body from and I did not say, as he states, that “I
“Col. Elliott and C. 8. Richmond or fifth sections of the act to which doubt that the bill will pass the thc I saw
southwesterly direction and back the same would kill those s—sof b—s.”
returned on Wednesday from a four this is a supplement shall hereafter Senate as amended.
way, and also tracks arouDd the body; some of
I asked Dunlap once if he knew any of
were right close up to the body, aa near as the circumstances of the killing. He said
months’ trip examining swamp-be issued; and every certificate
Copies of the bill can be had by them
could be without stepping onto the body.
No. I said “Will you tell the truth if
lands;” arid on thc 17th adds: ' heretofore issued in pursuance addressing members of Congress.
I went away from the body in a northwester
called on to testify?” He said that he
“Col. Elliott left Tuesday morning : thereof is hereby declared void
H enry N. C opp .
would. I did not offer hin an Apulousa
for Lakeview to finish the final i and of no effect: and the Chinese
It waa not overS minutes after I saw Dunlap horse or anything else.
I know' Frank Burns since a year ago
going south before I heard the shot fired.
examinatioo of swamp lands in ■ laborer claiming admission by vir-
I saw a difficulty between Shim and Isaacs last March or April. I did not in Lakeview
that section. The trip is required tue thereof shall not be permitted
sometime last winter. 1 came to Shirk’s and
any threat against Isaacs.
brands in T he H erald get inser put my horses In tho barn, and Shim told mo make
Had no conversation with Burns in Lake
to determine the character of some to enter the United States.
to take them out of the south side of the baru
tions of stolen and strays free. -
as he wanted to put his work horses there. I view after the conversation with him and
lands that could not be correctly
S ec . 3. That all the duties pre
turned the horses out and gave them hay and Chapel!.
settled in the spring owing to thc scribed, liabilities, penalties and
—P. 8. Early the prince of skill Isaacs came loading a little buckskin horse and Burns was not present when I treated
to open the door in thc south side, say- Isaacs in Lakeview.
quantity of surface water."
forfeitures imposed, and the powers ful blacksmiths having laid aside | started
ing he was going to put him in there and feed
Hud no conversation with Burns wherein
confirmed by the second, tenth, all frivolity has gone into the fall 1 him bay. 1 told him Sliim had just made me I said “I’ll kill that s— of a b—
T he H erald , during the cam
; take my horses out saying he needed the south
eleventh and twelfth sections of the work of hie shop with a vim that side for hia work horses. He said hedidn’t
paign now closing, has presented
—Boom your country by voting
act to which this is a supplement will do up all the repairing neces ; care he was going to put him in there sny-
column after column of logically
as he bad to ride him next day. He put for Cleveland and Thurman.
are hereby extended and made ap sary to put your implements, wa i I how,
him in and went off towards tho house, and 1
unassailable argument", derived
—Boom your county by reducing
plicable to the provisions of this gons, and horses in good shape to staid at the corral carrying in hay to bed the
not only from the ablest Democrat
Loises ss Shim had told me to.
go through the winter.
While I v as doiug that Shim came around
ic sources but from the truthful ut
Boom your town by inducing |
and seeing the horse io there asked me whose
S ec . 4. That all such part or
terances of a large number of the
horse that was; I told him Isaacs* and he had good citizens to locate therein.
put him in there. Shirs said he would have to j
loading lights of Republicanism— parts of the act to which this is a
pocket-book lost by J. M. Bridges stay iu the corral tonight, then turned him out, I —Boom the paper that works for ,
all showing that every vote cast for supplement as are inconsistent here
went away. Isaacs came and asked who] all the citizens by subscribing for I
in Prineville about 1st of the month, and
turned the horse out; I told* him Shim did it. !
Cleveland and Thurman is on the with are hereby repealed.
containing some money, postage He put him back saying “1*11 put the horse | T he H erald .
T welve days only to the day of,
side of the best interests of all the
▲ New Use for a Cyclopedia.
lu there and pay him for his G— d— hay”
—We learn a certain individual'
stamps, and papers. Apply at this back
He started towards the barn with him when I not a hundred miles away is in the i
people of the entire country. It
A customer of Alden’s “Manifold offico.
Shirs came into tho corral—I was just going but
has not tried to muddle any ques-;c j
dia write8 to tho publiehcr
of the gate towards the house as became in, | habit of roundly abusing us for im-!
and heard him ask Isaacs what he was going aginary offenses spoken or written, i
Uon but ha» presented square is- a8 fouowg.
to do with the horse. He said he was going to
sues and thc facts to sustain them, j j havc
eihibiting the uMan.
put him in the barn and give him some hay. as I Thc root of his garrulity we have !
he had to ride him 50 miles tomorrow. 8birs ’ not yet discovered, unless it be we '
The deciaion is now with the peo-1 ifold” among my friends and ac- Grace's drug store.
told him there waa plenty hay in tbe corral for
ple—that sovereignty in whose quaintances, and expatiating on its
—Isaac Winters desires to inform the horse and to put him in there. Isaacs re | unthoughtedly recommended him !
hand» the fathers placed the con- ' excellence and cheapness. There the citizens of Burns and vicinity plied that his horse wouldn’t eat the hay that ' to the position he now occupies; if ‘
in the corral, shirs said that the hay was
trolling power of this government is no reason why every young man that ho will keep Fresh Beef on was
good enough for his horses and it was good I this surmise is correct, we will i
’ in the land who has occasion to re
which has conducted it safely thro’ fer to a cyclopedia should not pos hand ail the time for their accom 1 enough for that horse. Isaacs replied “Well, ! most cheerfully withdraw our stock ;
| G— d— you, I’ll pay you for your bay.”
all perils, and which we rejoice to sess it. The laying by of but five modation.
The next I heard sounded like two men had in him. Mr. Verdot gave us the |
; hold of each other scuffling. I heard Isaacs locals relating to hay crops on thc i
believe will continue its prosperity cents a day for six months will put
»-Fred. Perkins of John Day- • say “No» you don’t throw me in that mud hole!”
by proudly indorsing Cleveland*» him in possession of a work that
; Island and we have confidence in '
brought to the Burns market this ' Shirs replied "I could if I wanted to!” I be
lieve that’s about all 1 heard. That night Isaacs ’ the correctness of his statements.
honest Democratic administration.
those to whom I have shown the week a fine assortment of apples, ■ staid on Shim's ranch in the buccaro-house.
’ I slept with him. Isaacs seemed to be very Our experience teaches us that a
volumes I have found but one
T he Rural Spirit and Farmer young man who did not need the tomatoes and other vegetables, all excited about tbe occurrence. At the time of poor man speaks the truth, outside
1 tbe scuffle it was just getting dark. Isaacs had
(Republican.) says: “A scheme, “M~anifold.” He has a cyclopedia^ of the finest quality.
; been working for Shirs, and that night I heard i a horse trade, as readily as a rich
the proportions of which at once a number of large volumes, he did
—Wm. Levens informs us that him say Hhirs bad settled with him, aud he | man.—It is too late in the day to
stamp it as nothing more or less not know how many, nor did he quite an accident happened to would be off next day.
* Cross-examination.—Know Shirk aiuce yaup your old stereotyped words: i
than a gigantic wheat trust pos know the name of the editor or Frank Davis, living three miles . Aug. 10th, last. Know Isaacs since lust ‘‘swamp-land monopoly!" “John
publisher; but they are very large,
sessing almost unlimited money, is heavy volumes. Believing he did above Prairie City, who got severe fall. Saw Dtin^p go down the fence about Devine organ!” The Harney valley
gradually being brought to light. not frequently consult them, I asked ly kicked hy a vicious horre, from ' S o’clock. It was a % or % of a mile from readers are not so short of common
where I saw Dunlap to Swan’s where I
The plan of this combine is to buy if he ever used them.
| which he waa not expected to re-; heard the shot. Was at my place 10 min sense as you think to be caught by .
as cheaply as possible all the wheat
utes. Talked to Andy Shirk about 4 or 5
delivered for storage at any eleva
—A better selection for constable from my cabin to Shirk's ranch; sUid there /-We are informed Messrs. Geo.
"What can you possiblv do with
tor on thc northern railroads. The them?”
for this precinct could not have been over 15 minute«*; then went towards Isaacs’ McGowan and Jas. Copshall have •
organization is said to comprise
“Why, I press my trousers with made, in our opinion, than Henry body. Met Ed Lyons while going from my opened a meat shop at the old
place to Shirk’s; ■ M mile from Shirk's; stand. Both are clever, accommo- (
some of the heaviest moneyed men them.”
near Oo’ctocs; waa at Shirk's 15 minutes.
"My dear sir,” said I, “you do not Cheatham, present incumbent.
in Duluth, Minneapolis, St. Paul,
men, and will
I rode down to where the body was; my dating business
Brainerd, and other smaller towns
publishes books for the purpose of that chief of democratic dailies, is hor-e got scared and stampeded northwes doubtless serve the public well in
terly. I Mopped him and turned him that line.
in Minnesota, and Fargo, Grand developing and improving the intel-'
Forks, Jamestown, Devil’s Lake, lect, and not to give shape to the on file on our reading desk. Come around and ht stampeded again off the
plowed ground; I rode him across and tied
—W’e have received several let
Lake, and other points in Dakota. legs. Do you stick to your ponder and read it.
him to the fence near the north edge of
ters the past week asking us to en
Altogether over thirty capitalists
well adapted to the purpose for
to the body, on the plowed ground. gage hay. also rent houses in town
are said to be in the pool for indi which you use a cyclopedia; but the | new cellar with every good thing for directly
After I got to the body I stood and loosed to accommodate families for the I
vidual amounts ranging from »10,- dainty volumes of the ‘Manifold’—I
al it. then pwswd around and knelt down
Salary of U. 8. Commissioner of and picsed up his hand, and felt Lis pulse. winter.
000 to »1,500,000. Thc prices paid how delightful to handle and bow
and holster exhibited) This looks
•—Quit« a heavy windatorm for
are a slight advance on the market beautiful to behold—are made with Agriculture has been increased from (Belt
lixe the belt, and thi< like the holster.
for present or future delivery when a view to ease of reference and con »»(MX) to »5000, and the sum of Was bom in Calhoun co.,Texas and Maid thia rection prevailed Tuesday eve
necessary to secure the desired pur venience of consultation, and can »500,000 set aside in the agricul there until I was 17 or 18 years old. Born ning and night, enveloping the val
not be successfully converted into
chase. This field of operations is a substitute for trousers' stretcher«.” tural appropriation bill for use of Nov. 7, IMS. Went to Montana the fall of ley in elouda.of dust. A shower
li*»; left there 1*1» in the spring, to Eagle
confined to the wheat producing E dward E berback , Washington. Bureau of Animal Industry during Rocs, Idaho; thence in fall of 18fiB, for a of rain layed the latter. Clear and I
regions of thc Northwest.
• current fiscal year.
plaee farther down on ?nase ritrr/and criol yesterday.
WINCHESTER REPEATING ARMS CO,,
MENTION THIS PAPER,
Every word we say ve
S ir i Do you vant to see th*
8 ANSWER T0-
S35 Single Hames reduced to
»25. Th« finest Hamesa MADE for
the money. Handsome nickel or imitation
rubber gold finish mountings. HAND
made from oak stock, unsurpaaaed for
•Ybrand durability. If you will aUnw
itou to show yon what progress we ¿an
made by making a SPECIALTY and get
ting out over Soo setts each month. Yon
can keep the sample at only $ao,
than price here or return at OUR EX
PENSE. Can we make a more liberal
offer? We shall expect to hear from you
at once saying YES send on your HaracM.
Folded or single strap style.
N ational H arness C o .,
Kin* of Harness Manufacturers. Manager of tho
NATION al H awm «8> O o .; Wholesale Mfrs..
litoH Wells St. BuffcdeJf.T.
Collar and Hames, $2 Extra, No Breast
Doublo Stylo for two horses. Prie«, M.OO,
THE BLOOMINGTON NURSERY!
Remember that it is not too late to order now from this old
and well-established Nursery.
Your home is here. Set out an orchard this fall.
shade trees about your premises.
The industrious men and women among you have proved your
soil and climate equal to the best.
Small fruits do well here—sec samples in this office. This is tbe
home of small fruits, and here also the market.
Don t depend any longer on other sections for small fruit supplies.
None were brought to market this year—There’s money in being first.
Bloomington. Til., Box 1216.