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MANSLAUGHTER
Successful Fight ForDoc
Ingels' Neck
THE JURY OUT FROM'
FIVE TO
Penalty May Be One
prison ment-.---Synopsis of the. Testis
mony Case, Will Be Appealed
The trial of Frauk A. ("Doc") Ingcls for the killing of Thomas
linker in the Claymore saloon in Marshfieldon the nijjht of Dec 6th
a,
122, took pjace before Judge Hamilton in the circuit court at Co
quille City Tuesday aud Wednesday, aud resulted in a verdict of
manslaughter, for which the penalty is imprisonment ftou one to
fifteen years, or a fine of 5000 or both.
The state's caee was conducted by
District Attorney Biown, assisted by his
deputy, E. L. C. Farrln. E. B. Sj:a
brook and C. F. McKnigbt were at
torneys for the defense. Tbo jury was
as follows: A J Hamlin, Geo. Mullen,
.Kay B Dcmcmt. Fred Perkint, A G
Aiken, J T Dunlap, L D. Smith, C
Iorenz. W M Yandecar, Lawson Lnw
horn, H J Unnington nnd P G, Beae.
This jury was eccqred after a special
veniro had been summoned, and the
Jr'ial commenced about 1 ;30 p. a Tues
day. At 5 o'clo:k adjournment was
taken until 7, when an evening session
was held, lasting nutil nearly 9, when
the arm of the court stenographer (Mrs.
Franpls McCloud) gave out. The trial
was resumed at 'J a. m. Wednesday and
the last witness had been examined at
10:30, when h,o arguments of the at
torucys were ccmnienced.
Great Interest bs. taljen in this trial
and many interested listeners worn pros
put in the court room at all times dur
ing its progress. Tuesday evening tbo
Urge room was crowded far beyend ita
seating capacity.
TI10 trial waa conducted smoothly and
expeditiously. There "was practically
no dickering between the attorneys, and
the cross-examinations, though search
ing, were 1 ot severe, It may bo snid
that Judgo Hamilton sits down very
quickly op tiio tort of foolithnoss which
takes up valuable time In so many courts.
Ilia ruliags were prompt and seemed in
Hca;es fair.
Tbo tcitimony produced by the prose
.cutiou, "so far as it covered same ground
wab practically the same as that brought
out in tho preliminary examination in
tlioJubtico court, and reported in the
Ma:l, at the time.
The defense was not set up at the pre
liminary examination, and it was prac
tically new matter, containing, perhaps,
i-o:ne eurpriees for tho prosecution.
'I )m majority 0! tho witnesses for the
tUltmu weieallo to testify only to the
good reputation ol the defendant or tho
had repui&tibi., cf the man he killed,
and it may be eaid that on the Jattor
j)oint ijuito n tUnu thowiug waa made.
Dr. Ilorsf&ll was tho first, witnoes
called, lie to d ot tho condition in
v. i.'.dx he feu lid tho body of Barker
when he wae cdied, also produced two
' ffifli?5 bullets found in tho body.
14 vjir.ij.Dr;MrCornj4.c was rung up by tole
iNMWjjn0Vj,j;0'uj .jon o'clock, Hastened
.down to G'ayuiore saloon. Found Bar
ker sitting ou.a chulr, Jeanlug hia head
THE VERDICT
EIGHT O'CLOCK
to Fifteen Years Im
on hia arm, which rested on
the tablo.
Barker gasped onco. Took off
anil found two bullet holea in
his coat
his arm
and ono in tbo chest.Wound in the chest
canted death. Arrived about 10 minutes
after the shooting.
Dr. Gross told of the wounds found on
Barkers body. Illnstratcd the conrso of
the bullet, on the person of District At
torney Brown.
J..C. Wilcox Dad known Thos. Bar
ker about two months and Ingle about
a yoar. Was in tha room when the
shooting occurod. Barker waa sitting
behind the table, Defendant camo in
spoko to witness, then tpoko to another
man, and walked over to tho table and
went to shooting. After bring shot
Barker sot up, walked around the table
and into the closet. Ingeli backed out
of tho room into the reading room. Wit
nets asked Ingels what he was doing,
and, he said he was ''smoking 'em up".
Did not hegr Inge Is say anything to
Barker.
Crosc-ex. : Witness was a barkeeper.
Was looking out for the house. Witness
could not remember whether be testifi
ed In Justice court that tho defendant
backed out without saying anything.
When shooting took place, witness was
standing just inside the door. Was
about 20 feet from Ingles, Barker wbb
dealing stud poker. Didn't know wheth
er he ft as dealing for inonoy or not.
Barker was employed by the houee.
Witnets illustrated to tho jury on a
diagram the arrangement Jof the room.
J. Hack Was acquainted Tilth Barkor
and Ingels, Was in Clay Mooro's saloon
on the night of Dec. Gth. Haw Ingels in
the bar-room, and abou' 5mlnntea later
saw him in the rcom where Barkor was.
Defendant camo in, walked over to tho
table, looked around a minute, shifted
hi umbrella from his right hand to his
left, drew his gun and commenced shoot
ing. Fired four or fivo shots in rapid
succession. At tho momeut he com
menced shooting, Barker waa engaged
in dealiug the cards. Barker got up and
walked around into the toilet room.
Witness did not think Barker had any
weapon on him. Ingels did not speak
to Barker nor Barker to IngelH. Wit
ness illustrated at a table the position of
the men, Saw Ingels earlier in tho day,
Between 11 and 12 o'clock. At that
timo witness took a drink with defend
tint and he said "I'm med, and I'm
going to kill u man beforo sundown,
and' I think I am justified in doing it"'
Witness said: "Oh, you wouldn't do
c ' ?&-'..vVi
that." Defendant repeated thAt he
would, and Mid that It didn't make npy
difference, ho had only a few years to
livo anyway. Offerod to bet two to ouo
that ho woujd do as ho said.
.Oross-Mnmlnatton: Did not Know
woollier Barker was dealing (or money.
Did not employ Barker. Felt no ani
mosity toward defendant. Was stand
ing At Ingots' rfcht sido wlion tho shots
wero flred. Snw tho gun, bur did not
try to reach It. After Ingels emptied
his revolver, ho backed nwny, still click
ing his revolver. Barker started to got
up beforo tho ahootlug waa all over.
About 8 or 10 peoplo woro standing ami
sitting around tho table. Witnets did
not think ho told any one ol IinrePa
threats, pid not think ho would carry
them out. Witnets was asked If ho did
not make tho statement nbcut Feb. loth
that II the defendant was cleared ho
would leava the country. Ho aniworod,
yes, and that ho had heard the defend
ant, alter his arrest, had said that ho
would get him too, Witness didn't re
member ol oior hearing the expression
"smoko 'em up" used beforo that day.
Charley Gee, Chinaman: Knew
Barker aid Ingcls. Was in Clay Moor's
saloon when Ingcls shot Barkor.
Illustrated on diagram where ho sat
and tho position of Barkor and Ingels,
flred five shots, quick Barker and Ingels
did not speak to each olhor.
Cross-ex Witness was fl&ld.Darkorgot
up Iogela after Ingels flred all his shots
and went to water closet.
'I'
J. W. Cartor: saw Iugols in thojoll
next morning after tho homicide, Ing
els asked !( ho had killed two men.
Witnets told bim no he had kiltod old
Tom. Defendant said he could go to
bed and nlerp sound after, killing that
old a- of a b-. On Monday, deleodant
told witnets how be killed old Tom.
Said Tom was shuffling tho cards and
reached them over to a rn.au to cut, and
as Barker reached his arm out to take
tho cards again, ho commenced shoot
ing. Said ho if had another gun he
would havo got Rack. Defendant told
Witness of his troublo' with Barkor.
Said be bad helped Barker out, and in
timated that tho tatter ha'd been con
cerned in tbo attempt to hire tho Cent
ral gambling room away from him. On
Sunday morning Inglca told witnets
there was an old grudgo betweon him
and Barker for what bapponed in Seat
tle about 20 years ago, when Barker had
got away with his wife and his money.
Fred Johnson, barkeeper ct the brew
ery: Saw Ingles about 2 o'clock on tho
day of tho shooting. Siid to witness,
"You nevorecen mo mad be(oro,butIam
pretty med now." After' some more
conversation he said: "I am going ,'up
the street to smoko up." Had heard
the defendant uso tho tame expression
a great maoy times before. Saw de
fendant have a revolver in the Pioneer
saloon that day.
Ben Schuyler: Was tending baj f6r
Clay Mcore the night Barjcer eras shot.
Ingels came in and came up to tho bar
and treated, said "I'm going to smoko
'em up tonight smoko 'em up good,1'
Walked into back ropm, and iu a fow
moments witnets heard ah'ote. Thought
it waa fire crackers then that it was
holdup. Started into 'tyack room and
saw Ingels going ouof"thb door, putting
something in his pocket. 'Had olten
heard defendant uso the expecssion,
"smoko 'em up."
Frank Denniiigi-On tho day of the
killing defendant told him that somopf
the gun players of Marshfleld had mado
their threats to lay him ou a slab, bjit
he would lay thom on a Blab before
the eun went down. In tho evening
witness saw him in tho Blanco bar and
ho said ho was going down to Clay
Moore's to smoke 'em up, nnd aekod
witnots to go along and eco the fun,
Witnees did nut hear him eay that ho
was going to Clay 31 oore's to see Tube
Cox, who owed him eorno money,
Croes en: Had often heard defend
ant uso the expression, "umoku "om up.'
O.J, Tibbetts: On the morning of
Dec. Gth, in the Broiler roetaurant,
hoard defendant say that "Old Tom"
was knocking and ho would liko to kill
Jilm. , Defendant wbb talking to Frank
Farrin, ' A'''
tf"
L. McCullochi Saw Ingcls cm tho
..
morning of Dec 7th. Inglci than had a
rovolver which he tamed oyer to Bert
MeCulloch.
J. W. Carter recnllod, and produced
the pistol takon from Ingles, Revolver
ndmilcd In evidence. Barkor'n tea.
vroduced nnd admitted over objection of
defense.
Frank llnguo: Sold Ingels n 33 cali
bre rovolver. Said to di'fondautt "Doo
you nro not going to kill any one, aro
you?" Defendant mado eorno reply In
dicating that ho wnuted it lor self-do-
(enso.
J. A Armttttgo: Wn In OlnyMooro's
saloon. Saw dofendnu't in tho card
room between 10 and 11 o'clock, Bark
or was derdlng stud pokor. This
witness told substantially tho tome
story of tho shooting as tho other wltnosi
nnd druw a diagram with which to il
lustrate it. When tho first shot was
fired Barker had his hand out and rest
ing on )ho deck of cards, Witucss
didn't romembor hearing tho de
fendant tay anything abeut-emoklng
'cm up.
Horo tho stato retted.
Tho dofoudant, Frank A. Ingols was
the first witness placed upon tho stand
by tho dulenee. He first told tho story
of tho shooting. Ho went Into Clay
Mooro's ealoon looking for ono TobeCox,
who owed him eorno money. Ho walked
back Into the gambling room and over to
tho table whero Barker was dealing a
game. Ho stood there a few seconds
looking around at tho players, of whom
thore were flro or ilx, but not seeing the
man ho was looking for. Barker was
dealing, with hia lint pulled over his
eyes, Presently Barker pushed tho deck
over to somo one to cut and as ho did
to raised his eyes and tnw defendant for
tho first time. He jumped up quickly,
threw his band to his right hip pocket.
Defendant then shot him, and continu
ed to shoot until his rovolvcr.was emp
ty, backing away at tho samo time,
whilo Barker started around the tah'o
toward him. He then walked out to
theatreot and proceeded up on tho hill
intending to apply for shelter at Kd
Dean's hooeo, as it was raining, and
havo Dean sond for an officer to take
him bto custody. He rung tho bolt at
tho house ho supposa 0 to bo Dean's but
no one replied. About an hour later ha
rung tho bell again but though there was
a light in tho house, no ono mado a
movement. Ho then went into tho wood
shed and stayed until morning, whon ho
walked down town intending to givo
himself up, but met tho nigh I watch and
assistant at Nasburg's corner and was
takon Into custody. Witness had been
Informed by Wm, Kerry tha day
of, tho shooting, that Barkor had
threatened bis life. Hebad met Barker
In tho Palace chop house early that
morning, whon tha latter had threaten
ed to put him on n slab, Had known
Barker since 1876, and knew ho had a
rpputation as a very bad roan.Barkerhad
shot at him in 1880 In Tacoma, shootiug
out of an alley as 'defendant passed, af
ter defendant bad failed to comply with
his request for n loan. The reason he
did not prosecute was tho fear 0! causing
the closing of tbo gambling houtcs. Had
not scon Barkor sluto then until ho saw
him in Morshfield. He shot Barker be
cause he thought from tho lattor's mo
tions that ho was alTout to eltpot him.
Barkor had worked for him a yhllo alter,
coming to Marrhfleld, and at ono timo
in tho gambling room of tho Cbiitrol ho
tel had rajted a chair and threatened to
to etriko him with it.
Ingels was on tho stand an hour. Ho
told hia story in a very doliborato and
positive manner, and no doubt helped
hia case. Ho appeared to ho in good
health and spirits.
Wm, Ferry. Ho had a converoatlon
with Barkor and ho said he didn't liko
Ingslo, nnd had told him ho would put
him ovor tho divide. Witnoss told
Ingels about this about & o'clock in tho
afternoon of the homicide, IIad bfton
heard Ingels Uflo the expression, "smoko
om up." Met defendant Jn tho Blanco
bar room tb'atbveqi'.pefondant told
them to wnt A'jfoJfttjJttffji a ljo .wfts,
going to get'fl'omVlildiJoy'ahd,.wflUld bo
baok. JIa(rwP)e.aipBeycomifi8 to klmlft
and wap going to leave la a few days.
Saw fugles have a pistol, Barker's repu
tation was that of a very bid mnn.
Imputation of defendant wno that ot a
pcacohhlu good nntured Itioffoiielvo
tnnn; was good, About March 10th,
heard John llnck say In nnswor to a
prt)dle(loti thnt tho dofondnnt wouldn't
ho hntiKod"you liAVQiHiothur guoia com
ing, Cross txt Frank Donulnn wnB not in
tho Blanco bar wlion Ingles tuft, a fow
mlnmen hoforo tho shooting. Wltuon
nnd tho bnrkoopor woro tho only por
tions thnt IngloB talked with there,
Bnrkor hntl told witness tho town was,
not big enough to hold hltn nnd Ingot s
nnd ho should put htm on'n slab.
It. It. llrntnnrdt was prosont In tho
Pa I co chop house on tho morning of
Doo 0th. Baiker nud Ingols woro thoro.
Tliay wore sitting thoro, nnd Barkor got
off his stool nnd wout over to Ingols
aud threatened to put him on a stab.
Chas. StMliain: Was cook in tho
Palaco chop homo in December, row
Ingols nnd Barker thuro. Hrnrd
Baiker say to Ingols I'M put
you on tho shelf hoforo
night." Ingots said: "I'll tnko your
word (or It," Barker sold: Don't say
too much about it or I'll knock you off
that stool." l)ldn,t boar any previous
qunrtol. Baikor had como In first.
Krnorson Ferry: Was tending bar at
tho Blanco on tho night ol Drc. Gth.
Saw Frank Ingels thoro botweon 10 and
11 o'clock In company with Win Forry.
No ono olio present. Four meu In back
room, Frank Denning wa not prrient.
When defendant wont out ho told Win.
Forry to waltn tart mlttutea.ai ho woutd
be right back. Ho was going to collect
somo money. Defendant had been
drinking but was not drunh. Thos,
Barker's reputation at that of a bad
character In gonernt. .Reputation of the
defendant was unknown to tho witnets.
Cross-ex: Defendant was in tho
taloon about & minutes.
Kd Gould: Was clerk and bartender
at tho Central. Haw a difficulty bo
tweon Barker nnd Ingel, when Uniker
threatened to brain Ingel with a chair.
Witucss was with defendant on Dec. 0th,
Didn't hoar him mako any throats
ac-uliiBt any ono. Had often heard Ingols
uio tho expression, smoko 'eiu up,
1
Ingel's roputatlon was thnt of a peacea
ble, inoffontlvo man. Witnoss did not
know Btrkor'a reputation.
A. P. Owen: Day beforo tjio troublo
lawBorker and Ingols talking in front of
tho Blanco bar. Couldn't hoar what
they raid, until Barkor drew away say
ing "you can't give mo any guff, or I'll
smash you. Ingal s steppod up to him
ngalu and in a momuut Barkor npoatod
tho samo expression, and toon walked
down the street, saying to tho witness
that that old dough-face couldn't give
bim any guff, and ho would have bim
on tho run, or words to that effect.
W H Noble. Wm Ward, V N Porry.
W J Butlor and Jas 1 Ferry testified to
tho gool roputatlon of Ingols and tho
bad roputatlon of Barkor,
John Snyder and Levi Smith testified
that Ingot's reputation was good.
L M Noblo nnd John Bear toMlflod to
Barkor's bad reputation whon ho was on
tho Bay before,
Capt. Jai. Magoo had loon brought
over from Empire to testify .that, ho
dlun't know whotBarkor'o general repu
tation was,
Dr. Ilorsfull: Kxplnlnod couree ot
hnllet that inflicted tho fatal wound,
pnd it wa slightly dow nwnrd. As an
oxport tho pltntBs thought tho woapon
must hnvo beeniioarty onu lovel wUh
tho wound,
Watt Short: Did not remember of
being in tho Broilor on tho morning o
Dec 0th when Ingolo was thoro, ob re
lated by O. L. Tlbbotts.
Goo, Hughos: Often heard Ingels
uso tho oxprosslon, "smoko om up." It
was a by-word with him,
The finished tho testimony for the
defense. In rebuttal the protecutlon
called two wltnossos.
John Rack: Iu tho Claymoro saloon
on thoovonlng.of Dec Oth Wm. Ferry
told witness that Inaola htjd a gun and
was going to hurt somo ono that ho had
Maroollus Irslandt was with freak
Donning on the evening of Doc fib
Donning wont Into tho Blanco bar, itay
ed a fow minutes tlion oatita out
and wonlwitli witness to tho
chop honso. This was a short time be
foro'thc shooting,
Tho tttorney's for tha dofonso mado a
uoblo fight for tholr cllont, nhd aro to
ho congratulated on thofr huccois In
making as good n showing nn thuy did,
tho nttorncys finished their nrgu
mnnt about fi o'clock nud tho Jury rt
tlrod. After about throe hours dollb
ration, tho vordldt ol mnntlnughtor was,
roturned,
It was roportod last night from an
lutldo lourcn thnt ou tho first ballot tho
jury stood U for murder iu tho sec
ond degree, l for innuttnughtor nnd two
for' ncqulttal, and a compromfs was
finally rffoctod ou tho vordlct of man
slaughter. It was nnuouncrd by 0. 1.. Ingols, tho
brother ol tho defendant) who in horn to
help him out ol tho troublo, that tha
enso would bo appealed,
Professional Cards
R. H. Walter, D. D. S.
DENTAL rUHlQKOh AND MrXJHAN,
10.VI. DKNTIHT.
Ofilco Kaetmrg lltdg. A. St., Phone. 20
MARHimKU).
OREGON.
E. E. Straw, M. D.
PIIYHICIAN AND HUltOKON.
Special attention to dlncimi ot the Kyo
Kur, No unit Throat. (Humeri fitted.
Office in SuugHtnckcu & Smith
UuildiMi;.
C. A- CLARK
ATTORNEY AT LAW AND PROOTO'lt
IN ADMIRALTY
Ofllrn in OnldiMi'n Building. Phono in
utlleo. Mamhflold, Oregon.
W. U. Douglas,
ATTORNEY AT LAW AND U. S,
' COMMISSIONER.
!
Kiont itrccl, Miuilirtcld, Orrgon. '
S.A. D. Eaton,
-LAWYER-Wlll
praclico in nil courts.
EMPIRE CITY
oiii:goi
J. W. Bennett,
ATTORNEY AND COUNSELOR AT
LAW.
MAHSIIFIICLD
ORR
John F. Hall,
ATTORNEY AT LAJV.
Office In i'Jiloradd block, Front itrccl
Manlitcld, Oregon.
H. St., MARSH FIELD, OKI;
C. F. MoKnight.
ATTORNEY AT LAW
Office in the hciiuc & Walter
Ihtildiufj.
MARSIIFIELD. OREGON
Dibble & Williams
COOS BAY REAL ESTATE
Marshfield, - tOregon
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T. Micklewriffht. I
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