The Lebanon express., May 05, 1893, Image 1

'I
VOL VII
LEBANON, OREGON, MAY 5, 1893.
mo to;-
TERMS OF SUBSCRIPTION.
One rmr..-.. .-! ii
(If paid in ivnee, !fl Mi r yen?.
ill mom....- - I
Three month ......... ..... W
ItogHeonU)...- ........... 0t
Secret Societies.
""tWWKOS Kft. 47.' 1, 0. f. F.-McrW
wn SnlnMuy eventnliM Odd Fellows Hall, l
.'cWiM... A..KKBvS.O.
w.o.renawK.3fr-
PKAKl.RRMTOA UllMiK. SO. . ' 0
l U Vt-ll lira nd thinl W'dne-
tc,"",f wh Tv X.fMKSOS. X. 0.
' . B0LUK8tf.TAIWI.I'
Lnu So, M 4. F. . M.-Hw
BalunU) rwmttg, on or lawn Hie Ml moon '
? , , Tttrtf-EK, Sw .
fu,. w n. i i r f,-MwU every
J. Mwim , Itc-.
Ul'l WeKKK CH1 So. W. IHIT of !
, r'.-r. K -H.ll. Ulsm.
Or. TOT Haluntay crcliir. 'l 'h l,i!f
nirtT of each month. uHx ilnii the third rrt
4n friend. All toothers ( llir miui it n
J, to,! eomr.nv.ot tlu-G. A- K. we nmlWly
A.XUUBAU.FIMBcfrL ,
PROFESSIONAL.
SAML-. M. CARLAND,
ATTORNEY - AT - LAW.
leatMorM Ctaberlaii, .
ATTORNEYS -AT -LAW.
ALBA5Y. OREGON.
W.Jt SILYEV,
ATTORNEY - AT - "LAW,
ALBANY, OKEOON.
J.R. WYATT.
Attorney- at - Law,
ALBAKY, OKEGOS. ',
A. F. STOWE,
Attorney -at - Law,
TITLES EXAMINER
Couertion. given ImP' R,.fu' '""
Will plt i li tho court, of U awe.
omi i onrnTsmfa aaiat-
LBBAtWN, OKfXJON.
St Charles Hotel
Owner MJu end sberinaii 8lwtfs,
WSBAWON, OIHKW'
W; C. Fajxknbk, Prop
fist-Class in all Apartats.
BpecUtl attenUwi paid loCoiie
ioeroial men.
Bord mid Lodsing,' day.1
t2; jrw(k M.5otn$s
J.R.EWING,
Suficemior to B. Ij. MoClure.
Shaving Parlor,
Iu IIafdH New
First-Clou Artists in attend
ance. Hot and Cold Baths with
Shower at all tim es, ' ;
YuiB I'athosaob Hu:m:i.
Morg Wassom's Trial.
The Jury's Verdict "Mur
der in the Second Degree.
Hpntrmril to a l.Afto Term In
the IVnltntlary, Tnkon
to Nnlvm "Vcdmlny.
JjIh Kelso, the li.Bt TvitncsB on be
hnlf of thu ("Uste, tcwMfieti u Wlnw.
Live t Ibanon. Have n occnpation
at (indent time. Know locality where
(irubb was Itilletl. Have Ihwii in the
bniMing several time. (Map or plat of
iusitle of building where the killing was
dne was shown witritw; 8nM it was
rorrcct.) lX'fWrilx in (Mail distances I
tnttrccn variona ohjeeU in room. Walk ;
in front of sataon is eight feet wide.
Was not prewAUt at the killing. Went
then before the body mas removed.
Worked in Mloon about a umnth. Do
not make a living altpether by gam
bling. Dr. J. A. Camnerson testified: Am a
physician. Wm acquainted withtirubb.
Room abovt 180 feet from wiloon. Was
called to examine body of defeased.
Witness (kseribed tle pfjint where he
fimnd tlw bwly of defeased. Was called
there at 3 .10 a. m. Examined body and
found life extinct. Kent for Parker,
partner if deeeaw-d. Found gnn-ehot
wound t right of left nipple. Bullet
went into chest cavity about 7V. inches.
Bo I let Affected the "airta anJ maybe
heart. Immediate dfect of such wound
would be fainting. Hnch a wmnd would
be fatal. Kx ami ned the body at the
co run r's iuqnect. Found no other
wound. Doors of saloon atxut twenty
inches wide. I went after Kelro. TolH
Moele'to watrh body while I went after
Kelsu, Told Kelso that (Jrubb was dead.
Went after tJe. Ki(, the recorder. Ex
amined pulse and pat my ear to Grubb'e
heart. Found him -dead. Deceased had
no coat on ; had vest on, hut it was open.
W. H. Carroll testified: Live in Ban
Fraacifico. Was at Lebanon in Febru
ary. Spent the evening of February 27
at Grubb's saloon. Was there when he
was shot. Wag ioo-earend. Was play
ing there with Mossholder and Grubb.
, Was there until 8 o'clock a. m. Played
unii! half pat 2. Saw Mr. Wass;m
uibtfi! lie ciime iu. Wawom asked tirubb
: to drink with him. (iruhbat first re-
fusp, hut tiiinHy-said ke would drink.
All filled our glasses, when he went out.
1 At once he came back, and I excused
myself for drinking 'in his absence.
Went back to stove. Heard Wassom
sayootirubb that be had heard that
Gnibb had aiiid he had thrown him
(wasKom) out of the house. Grubb said
he hd not said o4 (iruiib said to Was
som, "Put 0r ymr uu ; f am not afraid
of it." Wawom said, "If you are not
afraH, come out doors. Grubb ap
proached wassoiu and the fatter hacked
out of the room, with Grubb following
with his hand stretched out as if to take
boldtof the pinlol. Heard the hliot just
after they got out of Jors. "Some min
utes after went out find ouud Grubh
1 lying on the walk on his back dead Mr.
I wassum bad its pittol iu his hand by
his side. Heard report of pistol just as
the parties got outride. W.-tssom weift
I out of door firHt. Could not say' that
they tfiaa noia ot 'neli ottner as tnev
went out of the dour, tirirob did not
speak after thehut. UruU) was per
fectly sober. He wus in a pleasant
humor. W a present when the J)r. ex
amined the pockets Was not clone
enougii to pistol to identity it Grubb
asked me to shake Imnds withwassoui.
(Iiubb took two drinks while he whs
there. After I took my rtpjik I weiH
back to the stove. Could just, s. was
hout's liack when he asked urubb ttbout
his having Hiiid that be had put him
(wassoiuj out of the house. Heard re
port of -pistol just as they passed out the
dour. Beard a groan just after the shot.
Thongltt rubb was choking wassom.
ma.
Tl only l'ure Crtiiui of Tartar Powder. No Ammonia; No Alum.
Used in Millions of Homes 40 Years the Standard.
Grubb mtide a quick grab for the pistol
just at they came to -he door. Grubb
kept advancing on wassum until they
got out the door. Pickwl up the hat
nflarorubb'a feet and threw it into the
saloon. Think rnlb was more than
six feet tall, Felt his pulse and heart
when I tirst went to the body. Moss
holder and I went out to front door
shortly after the shooting. Dr. came
and examined the body and raid the
man was dead. Way have been eight or
ten persons in the saloon during the
time lwas there. Grtibbdid not breathe
after I reached his body.. Did not sny
before the coroner's jury that I did tmt
see the parties at the time of the shot.
J. Mosshokler testified: Live In Leb
anon. Was at Grubb's saloon on Feb.
28. Mr. Bilyen and Mr, Hice were there
during the night. Mr. wassoin came
into the saloon about A o clock a. m. 1
was in back part of room near the stove
when he came in. Carroll was stand
ing by t tie little desk. Wassom asked
Grubb to drink with him. They poured
out their drinks. Wassom asked who
Carroll was. Grubb said it was Mr. Car
roll, the drummer. Wassom said ask
him to drink. Grubb introduced Car
roll to wassom. Carroll also drank.
Wassom said to Grubb that he had said
he had thrown hira (wassoin) out of his
house. Grubb said he did not say it.
Grubb started ronnd the counter, and I
then saw wassom pull out his pistol.
Grubb told wassom to put up his pistol,
as he was not afraid of it. Wassom told
him to come out then. Grubb followed
wassom out the front door. Wassom
went out backwards. Heard shot just
as they went through the door. Heard
groan just after the shot. Thought
someone was being choked. Went out
at the front door with Carroll just after
tMe shooting. Found Grubb dead on
sidewalk. Went after Dr. Lamberson.
Was away but a few nnnntes. He lives
on same block. . Went back to body
alone. Wassom said it was Bill ElkinB
that told him what Grubb said about
throwing him (wassom) out of the sa
loon. Have been acquainted with Grubb
about a year and a half. Hat in saloon
seeing them playing cards. Do not know
how many had been in during the even
ing. Bilycu and Rice were the last to
go out before Wassoin came in. Could
not Bee Grubb and Carroll when they
were talking at the counter and while I
was at the stove. 8aw wassoin come in.
He was close to the bar. Do not know
about how long the counter in the sa
loon was. Wassom went out before
taking his drink and then came back
and asked me to drink with him. I did
so, and then Grubb asked me to step
back to the stove, as Wassom wanted to
talk to him. After the shot was fired
Carroll and I went out at the back door.
Stayed there atxnit ten minutes and
then went back into the saloon and went
out front door and found Grubb deid.
As they backed out the door I saw Grubb
reach out to get hold of wasBom's gun.
Do nut know that Grubb got hold of the
pivtol. Wassom fired the shot in the
house just inside of the door. Haw flash
just inBide the door. The parties were
both inside the door when the shot was
fired. Carroll was near the stove. He
c mid not see so well as me. Did not
see ambb fall. Heard struggle after
they, went out the dojfrr like someone
-cnnkiitfc raw Grubb on walk. Haw his
hat.- fcaw Carroll pick up the hat.
Neither .one of us straightened his leg
unii I after the Dr. came. Saw no one
feel his' pulee. Hardy came to my house
on the toorning after the killing and
asked me for a full statement of the
facta of the killing. Did not tell Hardy
and Brown that "I was in this case and
was going ;to testify for what was in it."
Told him that I would testify in the
eqdrt and lie could come and hear what
I Tiad to aay. Never had any talk with
Carroll about what my testimony would
be. "
m. W. Morgan testified : Live in Ib
ai)on. Am constable. Was last Febru
ary. Arrested wassonnat bis father's,
lte was upstairs in a hedrooiu tn bed.
Found a revolver on stand neu&his bed.
(Here revolver was shown witness,
which he identified as the one he found
I in the room.) Coat and vest wereon
I chair and pants near fthe chair. All
1 chambers of pistol were loaded but one
when I found it. Gave the pistol to the
justice. Had no conversation with de
fendant about the pistol.
J.C.Mayerteatified: Live in Lebanon.
Was in saloon business on Feb. 28th last.
Was in saloon from noon until half past
2 o'clock a, m. Wassom and (Jentry
were in my saloon until half past 2.
Wassom wanted me and Dave tientry to
go to urubli's and talte a drink. Told
him he had had trouble there and he
should not go there. Wassom went to
Grubb's, but tientry and I did not go.
.entry was somewhat intoxicated,
Heard the pistol shot. Firet saw was
som about 10 o'clock that night in my
saloon. He and some others were play
itiK cards. Did not hear wassoin say
anything about Grubb that night, was
som was in an ordinary humor that
night. Wassom had been drinking that
evening. He took ten or a dozen drinks
at the bar. He talked intelligently. We
went by Grubb's because wassom went
that way. It was on hiB road home,
wassom, about three of four months be
fore the shooting, said that if arubb ever
treated him again that way (about or
dering him out of the house) he would
get the worst of it. Saw a pistol in was
som's outside coat pocket about 2 o'clock
the night of the shooting. wasBom quit
playing at my saloon about 12 o'clock,
wassom and I shook dice from 12 to 2
o'clock, wassom wore a black sack coat
that night.
.lames Sharp testified : Have lived in
Ibanon three years. Knew Grubb.
Know defendant. WaB barkeeper for
Guy 4 Mayer. Had talk with watisom
in that saloon last September. He said
that Grubb could not throw him out of
his saloon ; if he did he would never
throw another one out.
Lewis Crandall testified : Live in Leb
anon. Has acquainted with Grubb.
Have been in Grubb's saloon. Baw was
som in orubb's saloon in May last, was
som and Grubb had a little misunder
standing about a game. Grubb said he
did not want to have any trouble with
him and that if he could not do right to
go out ol nis saloon, wassom went out,
F. M. Bteele was called, bnt gave
notning aaumonai.
Rev. 11. Oberg was called. The de
fense objected to him giving anv testi
mony in the case on the grounds that
any confessions made to him by the
prisoner wereoi tne nature ot profes
sional communications between minis
tor and communicant.
The court took a recess until 7:15 in
the evening in which to consider the
objection.
The court decided that the testimony
of Kev. Oberg should be rejected.
This was the last witness called in be
half of the prosecution iu the direct ex
amination .
Joseph Warwick, examined on behalf
of tre defense, testified : Am acquainted
with defendant and Mr. Grubb in his
life time. Had talk with Grubb the last
of August or Sept. 1st. Grnbb said, as
wassom passed, "1 smell something. It
does me good to hate that man." I told
mm that waBSom was a man who went
heeled and that he (Grubb) had better
leave him alone. Grubb said that if
wassom attempted to use that pistol he
would take it away from him and break
his skull with it. Some time after that
wassom and I went into orubb's saloon.
Grubb said to me that that was the first
time wassom had been in hiB saloon for
six months. He said wassom had better
stay away from there, as he had it in for
him.
A. M. Richardson testified: Was ac
quainted with Grubb and wassom. Had
talk with urubb about middle of Sep
tember. Grubb said wassoin was a d
mean s of h and if ever he had a
chance he would hurt him d bad. He
said in speaking about boxing, that if
wassom ever got up before him he would
smash him. This talk was in orubb's
saloon,
E. A. Truelove testified: Was ac
quainted with urubb and waBsom, Had
talk with rubb ou the 18th of last June.
Grubb said he wished that he was a
single man. If he was he or that s of
b- (wassoin) would die before they
slept. At another time he said wassom
waB a sneak ; they all had him sized up
as the wrong kind of a man. He said
he was loaded for wassoin at any time
lie would open the ring. 1 live in Wash
ington, Was subpoenaed at Pendleton,
Came there to be subpoenaed. Came
here last Friday. Came the Bame time
that liichardaon did.
II. Slienlierd testified fjr the defense
Wa.i aequainlefl with (irtihb ill hiB lite.
tune. Mil muen aciuuiiiiel Willi aelt.
Heard Urubb uav one time in Lebanon
'there goes a man (referring to Wassom)
that 1 nave some lean una up lor anil When
I eet the chance 1 will put it into him.
This was a mouth or six weeks after last
Chmtniiis. lo not know the man with
whom (ii-ulih was talking; when he made
that statement. Said nothing totlrubh or
the older man, Htood near them almtit 10
r 20 minutes. Did not talk with them.
First tW this to some detective who was
working up the case. Think I did not
!u!k to de't's counsel about the matter.
0. Arnett testified! Liveil in I.ehanon
since 1865, Am acquainted with ih l't ami
deceased. Heard Grubb say in erileinher :
that if Wassom did not stay out of h is place t
he would smash his head into a jelly. He
said he did not want him in or Ins money.
Orubb said If Wassom did not keep out of
nis reimtence nc would kui nun, -
A, Tcnnr testified! Wusaonnnitiied Ufi
Orubb and deft. Hoard Ctrnbh say last
January (think it was January) that he
knew he and Wasnoiii must have trouble.
Said if he and WaHsfiin remained in l,cl,a
non the trouble would come. He said be
wus satisfied that Waseom went armed, but
lie was not afraid of armed men when he
could get in reach of them. This oecnrred
in Grubb's saloon. This was the ri or, time , .,,
that I had heard, of a ciithculty be
tween Orubb and Wassom. Dou'l think . :'
any one else heard the conversation. .
Dr. Ijiniherson testified: fcxaiirim'd the- ,
wound in deceased. Kli'eet would he deaili
ina very short time if not iiumeiltntclv.. .
immediate enect would be tainting. Ho
might fall backward or he might, rtep for- a',
ward and sit down ; but if he lingered he
might be found on his face. -
Krof. Michener testified: ' Wiur nt ms-
room in Lehuhon two blocks, IcKstlmn lts
feet from Grubb's saloon on Feb. 2Hlh.
Knew botli deft and Grubh by sight. ;
Heard the tnstol shot at about 3 cVlnek.
Just before that I heard two men ' quarrel-"
mg. It was in the direction of Gmhh's.
Think it about a block less too feet from
Grubb's. One man talked loud, the other
a low tone. One said 1 sav you did too.
(Jould not tell what the other man said.
Am principal of Lebanon public school.
Have my room at Mr. Menzies. Heart a
man pass along the streets about ten see-
onds after pistol shot. In half an hour ?'
heard two other men pass. ' .
Geo. E Hardy testified: Am tplcirnwli
operator in Lebanon. Baw Mossholi'ter at
ins iiome nexi morning alter killing.
Brown was present. Mossholclev saiil "I
am in this case and will testify for what 1
there is in it." He did not say that he
would be in court and I could hear it.
ne sain ne had already said too much. 1 :
wanted to get a statement from him lor ihi.
associated press. He did not say that he
",,ul" fi J ioi lesuiyiiig. id!) nor,
threaten to publish him lor not telling
him about the matter.
Wni. Brown testified: Was present at
Mossholder's on the morning of the 28tli
Feb. in presence of Geo. Hardy and Moss
holder. Mossholder said "I am in this case
and will testify for what there is in it.'' ,
Went then with Mr. Hardy and went awa
with lini. ,
J. C, Bilyeu testified: 'Was at Grubb's
saloon on the 27th day of Feb. hist. Mr.
Grubb and the drummer, Mr. Hire, Mr.
Mossholder, Mr. Lewis and Mr. Dave
Gentry. Saw Gentry thereat, two o'clock. ,
Chas. Walton testified: Sow deft at
Guy's saloon on F'cli. 27th at 12 o'clock.
He was playing cards. Game ended at
JlRlut one. All took a drink. I wont home
between one and two o'clock. '
A Davis testified : Saw deft on the even
ing of Feb. 27th at Guyo! Mayers saloon.
Del t, myself and others were playing
cards. Game ended a few minutes after
one. , We all went to bar anil drank. I
then vent home. Left Mayer, Wassom and '
Gentry at the saloon a little alter one.
inniK uivonie went out when 1 dirt at
front door. Saw Walton shirt home.
lolil him good night.
J. 1.. Cowan testified: Am .eoiiiiitiioit
with deft. Have known him for 20 vears.
His reputation as a peaceable man in UIa- '
non was good I would know. I have
never heard that he was not a peaceable
man when drinking until recently. Iluvo
heard some Lebanon people here at this
trial say his reputation as a peaceable man
when drunk was not good. 1 have a
business in Lebanon and frequently go
there.
0. B. Montagce testified: Know deft
Hove known him over 20 years. Live in
U'bonon. Deft lives close to Lebanon.
Know deft's reputation as a iwacuable
man. It was good. Heard about a quarrel
he had with some one. Huvc not heard
his reputation as a unarrelsome mini ili.-
cussed prior to the killing. Have heard it
said since the tilling that he was quarrel
some.
J. K. Charlton testified: Livo iu l.eh.
noi;. Lived them since August last. Know
deft. Have known him A or 'JO years.
He is a peuceablu man, so far as I know.
Have heard a number say since the killing
that he is a quarrelsome man when drinking-
.
K Boslnr testified: Reside at Lehailot.
Have known deft about seven years. His
general reputation for being a prawublo
man prior to the killing was good. Dirij 1
not heur much talk about his lupuiutnm.
M. Hickman tesiitied: P.eslde hi lo'iii
iioii. Hove lived there i-inee l,s7,'i. H'B
general reputation for hi ing a ncacnihlo
man prior to the killing was good. Am a
minister uf the gospel. Have' heard some
say he was quarrelsome when drinking,
B. Burtenshaw testified: Live in Leba
non. Hove known del t8or 10 vears. lie
was reflected by all so far as I know. Do
not belong to the ame church ns deft's
father. Lately have heard hoiiiu sny Unit
he is quarrelsome when drinking,
J. II. Johnson testified: Reside nt Lelia- 1
non. Lived there and around them many
yoai-B. Deft's general reputation as being ,
a pcoceable man prior to the killing tts
good. "
Morgan Wassom, defendant, testified:
Am del t. Live at Lebanon. Lived theio
27 years. On night of 27th of Feb. last was
at Mr. Guy's saloon. Went alwut II o'clock.
(Continued on. last page. );
f
r