is Smith-Petch Murder Case.
W. Smith Found Guilty of Mur
der in the First Degree,
( fhents III© «¿allow» b> Coni
niiaiii» Suicide.
fill Account of the Trial.
j’lir Smith trial has ended and, as we
Ljiuised hist week, we give our read-
Lnaccount of the trial. To give
rlHitim the testimony of all the wit-
,s would require more spare than
halfdozen R eroute RS contain ; hence
testimony of each is condensed so
tugive the most important points,
flowing is the
Testimony :
lose-'h Patch testified: Step-son of de-
y. 40 years of age ; had known Smith
Jeor four years ; that Smith worked for
Ifutlu'r considerable ; trouble between the
nilies begun about land claimed by pris-
y ; uua year later deceased obtained pa-
Hiroiu Kansas, showing that prisoner
[
j, homestead right; was m
Cawook county when deceased was shot at
Ltime. July 12th, 1882 ; August 17th went
L home to North Yamhill after deceased,
LTluinb r wagon, and returning drove on
L bridge, where a plank was disturbed ;
Ephdihe horses over and when thirty
flbcyond the bridge heard a shot, saw
[t ¿¿eased was hurt and was falling out
fthe wagon, and caught her clothing, but
Lklnot pi vent her falling ; she fell and
bfiiidl wheel of the wagon passed diagoiu
t across her breast; I stopped the team
fi gut out; heard a second shot and ex-
fmtd “ niuruer !” returning to deceased,
hrd a third shot; team was frightened and
Lnt and tied them to a t ree, returning to
Last'd, found her dead; identified hat
Eclothing as that worn by deceased on
fdayshe was shot. [The sight of the
body clothing overcame husband of deceas-
Lwho left the room, in tears. | Upwards of
[liorrand a-half was occupied in ques-
tahigby prosecution.
Examined by defense : Prisoner worked
f Petch during the fall and winter of 1878;
table I • an the following May. Here fol
bed at length a long list of questions and
Lw. rs. iibout the same’as by prosecution.
¡Laron Frazier : Saw and handled body of
Bei'.sed after shooting ; examined the scene
blit) tragedy and made measurements;
btios found a cartridge shell and handed
[him.
Court adjourned till 7 p. m.
EVENING SESSION
Elimination of witnesses was resumed.
Btrh t Attorney Holmes conducting the ex
foliation for the prosecution and J. J.
py for the defense.
Laron Frazier on the witness stand : Visi
I ride pits that were near the road ; the
Bhes cut to blind the rille pits were cut
[ha kuifo with a nick in it.
A. Raymond testified : Was on the roa/1
friilamook with my family on the day of
b murder; heard one shot and drove up
medially to deceased . my son preceded me
put fifty feet; saw Joseph Fetch returning
Weoeas. J and he said
this will kill my
pr old father. ”
i. L. Jones testified : 1 am a minister of
L".. i I: s-tw ii (-eased and Joseph Fetch
uruing from North Yamhill; went to
ten's house that night: was at the scene of
e murder nt 0 o’clock next morning : i wit-
bsdetailed at length the position of objects)
marked cartridge shells with a knife ;
foils were then shown to witness, who rec-
nizedthein) ; there was dense undergrowth
foil the bridge; examined the wound and
MHted Dr. Haynes at the first autopsy ; de-
Lsed was of fiue physical form.
laiiK.-; 11. Bower testified : Visited the
kne of the murder the next morning ; five
¿¿e planks w?re moved, making room to
bot between the bridge and a tree : found
foaii tracks under the bridge by the tree ;
Senry Roberts testified about the same as
Hast witness : examined “ rifle pits, ” and
big a vet eran, gave that name to the hid-
! place along the road : several of the neigh-
h'dogs were poisoned about the time of
k murder ; found moccasin tracks near
ten's house; moccasin shown to witness re
sized as probably the one making the
feks: Raw a man prowling about the prem-
Batdivers times, always endeavoring to
[id o!>' j thm ; thought he recognized
Piner hiding mice : lived neighbor to both
foes, n Fetch's land ; questioned at great
fob both by prosecution and defense, oo-
pL ; about two hours.
[in s i >.t?r testified : Logger ; found
ww about three quarters of a mile above
Roller's house ; recognized prisoner at one
pp about th’e'* months after the murder;
fod inoeca>tns above shown at one of these
ppx. Rigid cross examination followed
B the court adjourned at 9;40. the audience
Mining to the close.
SECOND DAY—A^)IlNIN(».
fonrt was called at 8 o’clock, sharp, The
fonv r caiue in with a brisk step and took
.
s. it Is fMre court was called and seemed
Wready for the trial to proceed. The
fot room was filled with an eager audi-
fo. among whom is the prisoner's wife
P Mo little daughters.
[ b-
testified : Frison**r left home in
to do carpenter work : saw a roan
[Mat Maroney’s house near midnight
M tl ?■ • i lontha after th • prisoner left.
‘r ,‘ ■ dwick : »Steyed nt prisom r'<
p night of August 15th. 1882: heard
►><*’-n • p ..,-, jp and out of house after
pnight; saw a moccosin track the next
pfo
» toward Fetch’s.
i. L. Storey : Had conversation several
[put times with prisoner regarding his
ptrouble: in last conversation. Smith
Ptin1.'* if Petch got the disputed land.
Ffourcry would be too hot to hold thorn
fare"' Fa’.des : Prisoner said to him
h conversaf iou prior to the shooting, that
lh*n I <_-f t to heli. 1 expect to find old
fhtr Fetch there.”
Phn 8. Fairchiles : Aconinted with pris-
; had hunted with it and kept a
[
• ; the gun wa« :‘
1
pc.i s er. fhe witness was handed gun
Iwil «nd ahuwvd how it operated. Th--
P he had kept was siuiie size of those
pi nr dur bridge.
r It*' mond : Was two Lnndrr-d vards
pi’rid^- a* time of «hooting { heard two
REml . fixed I.ndue pi ink for hi* fa-
n \tep.ra to cross ; saw Jos Petch enrn-
I *
;,ol. supposed there had been a
r*.1' and that the lady had bcpn thrown
Li k
halt ; went to her and
I
l> id and found she had been shot.
pHntchcroft ; Visited rifle pits: ex-
P“<1 th»» bridge and tried with the gun ns
FY'rt • <X>uld hit the ground where de-
LJ-
l,<‘rts : Saw inocen^ín tracks of
F'iar »»hap*» in road past Petch’s : traced
F”o a ;w«th that led from the road to
pti»boa«w.r saw the*w> tracks the last
rtnr (iHy before Mrs. Petch was killed :
\camp about two miles west of de-
with rooking atensils, etc : when
Mv*he<i th« oh t »* p t<o parties left in
FT: didn't see tb» n>.
AFTERNOON.
: Found cp.mp filled with
p.
provisions ’n the moantain* :
R b store
blown no with katded
r _ m 1 • ti r» «v-dinn with defendant be
ph r«i,j »»jf
rrv land
F ■
my life w-»r<b that.” ««napping
••I bimmons. do-^p. « Had emm-
[ ¿
►/*nea relating to th*
U . Knrnek: Exhibited expr< as r«*t*
* .nature of G. W Smith.
f f'nnett Mm. Smith’* Mr« »’ enri :
"/y
froo, th« b.Mmr’at ni«ht by
Mr?. Smith said it was tak^n bv
nc <M’TnPerM
tbi’-r? : Mrs.
p
fixed tignai guns.
Jim. Haworth: Saw Jos Petoh ,1Inl de-
»trt
along the road a few momenta
belure Ute fatal ahot was Bred ; lived about
a quarter of h wile from bridge ; heard
sh<Hs but suppon 4 it wa8 hunters ¿hooting.
»■li. Haworth : 'liie same as his wife.
Mrs Lenox : Corroborated the testimony
OI Un M cshi - s . Haymond, with whom she
was on her way to the mast.
f.llery Rogers: Saw Joseph Petoh in Till-
aniook July 12th, 18c2.
1 rank Hoberg : Same as Kogers.
John Petcn . On the 13th oi duly 1882 my
wile and I wer® standing at gate ut our home
when a bullet struck th»» fence near mv
wife s elbow. My wife <od " There he goes,
it s Smith.”
* ’
James Green: Knew a great deal about
the ease, but contradicted, fiat-tooded his
testimony given before the Coroner's jury ;
consequently his evidence was of light
wiight.
John Entry : Examined the scene of the
murder and in experimenting found that a
person could be shot at the point in the road
where All,. Fetch was shot, from the hole
in the bridge.
P. F. Gates : Had experimented at the
bridge with the same result.
( apt. Hundley, surveyor : Made survey
and diagram of scene of murder.
Dr. Eoyd : Made post mortem examina
tion Aug. 2Gth, at coroner’s second inquest;
detailed minutely the search and recovery of
the ball in a shattered condition. Bullet
shown witness and recognized by him.
Dr. Galbreath : Assisted at inquest and
explained to jury, with skull, the route
of bullet and resistance it met with.
N. P. Robinson, Jr. : Found camp in the
moui^uins.
Flios Malaney: Assisted in capturing
prisoner; was shown numerous articles of
clothing and a hunter's camping outfit, that
were recognized by him.
Richard Allen : Testimony about the same
as Malaney's.
Frank Honsworth : Recognized clothing
sold to Mrs. Smith the first of last August
and found on prisoner when captured.
L. T. Barin: Produced land office decis
ions and other papers relating to the Smith
and Fetch land suits, together with letters
purporting to be from prisoner about his
land claim.
EVENING
SESSION,
E. P. McCornac, clerk of the board of land
commissioners, was present at a oontest be-
twfcen Mrs. Smith and Mr. Petch before said
board for the school land in dispute, which
was decided in favor of Mrs. Smith.
G. W. Sappington, postmaster at North
Yamhill, produced a postal order application,
signed by the prisoner.
H. M. Daniel advised the prisoner to leave
the country so that his wife would become
the head of the family and gain the school
land.
Jesse Dixon, jailer, carried a letter from
the prisoner to Janies Olds ; did not read it
did not recognize the letter shown witness ;
James Olds recognized the letter as a request
for newspaper and signed by G. W. Smith.
Lillie Kennett testified ; that some little
girls found letters in a letter box by the road
side and gave them to witness. Witness
gave them to teacher, and the teacher sent
the letters to Fetch's by prisoner's little girls.
Joseph Fetch, recalled—Identified letters
shown as those handed io deceaseed by pris
oner's little girls.
[Much interest was here manifested by the
audience, as the letters were supposed to be
important.]
Emma Wright testified that she taught
school in the Petch neighborhood at the time
of the murder ; letter boxes are placed along
the roadside.on Tillamook road ; North Yam
hill is nearest postoffice; the mail carrier
drops mail m those letter boxes for citizens
living in vicinity of the road ; some of wit
ness' school children found two letters in
Mr. Bennett's box and handed them to wit
ness. one addressed to Anna llall and one to
John Petch; gave them to prhtaers little
girls to deliver to Mr. Petch.
Andrew Shook—found a camp in the moun
tains : found an ax and board written upon
in leadpencil: " Jack, you will find me at the
mine ; Bring the flour when you come.’’
Thomas Wilkinson corroborated Hardwick
testimony in regard to moccasin tracks.
Court adjourne I at ■* P. M«
'J’be judge reproved witnesses for being
tardy and told counsel to have them on hand
as the trial was costing the county ftofiOauay.
The court room was filled to the close.
THIRD DAY—MORNING SESSION.
Court called to order at 8 o’clock sharp.
Attorneys came in complaining bitterly of
the court pushing the work so sparingly.
Dr. Haynes—Held first post-mortem exam
ination and assisted at second.
There was a rigid cross examination, in
which the defense were unsparing in their
indirect criticisms of the doctor's apparent
lack of skill.
Win. Bail—produced papers signed by pris
oner.
L. T. Barin — T< stifled that the letters
found in the letter box were very much like
the pri -mers h.u?! writing; would judge
they were the prisoner’s.
W. J. McConnell, ixp rt—Familiar with
prisoner's writing: believed <'.'libit “ A the
prisoner's writing : exhibit “B” shows an at
tempt to disguise handwriting; an efltort at
backhand which w s not nil backhand ; por
tions of some words are only partly so : did
not follow lines as one ac istomed to back
hand ; I Jitwed exhibit “C” was prisoner's
writing.
J. B. Eilev —R(?cognizPd letter received.
G. E. Withineton. cnslii *r First National
bank. Fori land, expert—Accustomed toread-
inq and inspecting signatures ; believed let
ters shown to witness w< re written by one
person.
W.V.Sivm-iT.c
Portlandsivin»^bank
Accustomed to scrutinising writing ; believes
letters written by one person ; signatures and
initials of ell pnjH rs I :*r close resemblance :
satisfied tlnv weie all written by one person.
G. F. Wnhinu. »n. pcMied—Believed writ
ing on the board written bv the same man^
The letters were then read to the jury, as
follows:
wronged or swindled by Smith cheating the
government, und I hear you are not citizens
of the government. Spit n and robbery are too
plain in this case. All van see it, and the
whole country are down on you tor it. l»e-
|w»nt, sir. and look ut your own faults. Others
can sae them if you can't. Noone but your
selves have found out that Smith's character
was ho dangerous, and it is believed that if
you r past record was brought before the public
that it would put Smith’s in the shade. A
nian that dare nut own any tiling, and will
injure and maltreat a poor man's stock,and
then take shelter from the law for damages
behind hie wife’s petticoats,has not much
character to boast of. and for a further cloak
to such work as that to pretend to be very pi
ous and go out to preach. Twon’t do. to
them, we can all see it. Self righteous is a
great fault.
I don’t wonder that the cause of Christ is
daily languishing when so many of its rente
sen tat Ives look more to dollars and cents than
they do to a point of justice between uutn and
man.
You have sought to drive away from Smit h's.
help that was hired to take care of his wife
during her sickness, and even resorted to
threats if they did not obey you, you was so
afaid their character might be damaged Ev
ery one can see more spite in it toward Smith
than sympathy for others' characters. That’s
what you call doing unto others as you would
that others do unto you, is it? (and not have
the public sec the robliery, but the man’s
faults.) They forget
*------* * the
’ *-
---- in their
--------
beam
own
eye, and can only see the moat in their
neighbor’s.
“ EXHIBIT 0.”
M c M inn vi lle , June 3,1882.
Mr. John Denton -.—Dear Sir : 1 have been
to Amity to-day to see you, But did not find
you. I was at Hillsboro last week to see you
Jt was told you were at Amity painting. I
understand Fetches are going to try to make
a witness of you against me in my land mat
ter. Now Johnny if you are a friend of
mine you will not have anything to do with
them in thi? matter. they are the blackest
hearted villains that I ever saw. They have
persecuted me <fc my family in every way
they could ever since I have been there, lied
about me, cheated me, slandered me & the
other day the old man ruined the best cow I
had Because he found her in his field that
had no fence at all on one side and nothing
to hinder anything from going around and
coming in from the backside, now to cap
the climax Mary E Fetch has tiled an affida
vit at Oregon city tn the effect that I have
had the benefit of the homestead & I am no
tified to appear at Oregon city on the 15 to
contest for my home I have worked so hard
for. She told me over 2 years ago that she
would never rest until she had ruined me.
She goes around boasting that she will send
me to the penitentiary, that she has applied
for the land and that immediately after the
15 he will set my family out doors and take
possession. I have been to Oregon city A’
had the case adjourned until the 14th day of
September, but she does not know it yet. I
tell you Johnny it is pretty tough to be’ run
over in this way & I have the sympathies of
all my neighbors and nearly all of North
Yamhill. I have frequently been advised to
shoot her down. But 1 have a family to look
after cant do anything rash. Johnny I
lay this trouble all to your door. But I
think you done it unthoughtedly But let it
stop now right where it is A I will forgive
you. Write immediately and direct to Lida
as I am away from home. Any inconve
nience loss of time or expenses that you may
sustain m keeping away from this I will
make good to you. Baton no consideration
dont go to Oregon city or give any affidavits
in this case. If you think I have exagerated
when you happen in North Yamhill ask Dan
iel A Ball Frank Bidwell & co Uncle Abe or
most any one.
G. W. S.
I will send this to Dayton in hopesit may
reach you.
During the reading of the letters the pris
oner showed signs of uneasiness and depres
sion. His wife buried her face in her hands
during ]i<rt of the reading. This welds a
fearful chain of evidence around the accus
ed. The plan of unfolding the evidence
has shown a masterly skill on the’part of the
prosecution, which the defense recognize, but
they have not slackened their vigilance or
energy to make a strong fight to save the life
of their client. Prosecution continues :
Portland Adams recognized the board con
taining the writing found with other articles
at a camp in a skunk cabbage swamp, in the
coast mountains last July.
W. B. Turner, coroner, produced evidence
taken at second inquest, and sent papers of
first inquest to county clerk. Did not know
where they were.
H. M. Daniel, recalled—Prisoner's wife
asked witness for money for prisoner to leave
the country a few days prior to the prisoners
arrest.
J. J. Spencer, county clerk, produced copy
of complaint of prisoner's wife against
prisoner in divorce suit now pending. Not
admitted.
Anna Hall, recalled—Worked for Pitches
at the time of the first shooting : Joseph
Petoh was gone to Tillamook and returned
day of shooting with Mr. McClure.
Lee Laugldin saw Joseph Fetch the week
after first shooting, on the road to Tillamook
in the mountains.
Prosecution rested at 10:45 A. M. Defense
asked indulgence of court untill 1 o'clock to
confer with witnesses and arrange testimony.
Court granted until 12:30.
“ EXHIBIT A ”
Miss Anna Hall: I understand yon are at
Fetch's. From what 1 can hear and see. you
bad better leave Fetch’s if you value ytmr
life. Yon nre liable to be shot by mistake, or
burned up at any time. Take a friend's
warning and go at once.
A FRIEND.
“ FXnIBIT B."
the liberty
P.-nt her Petrh. Paar Sir. I ake
..........
..— ..
to <tr<m von .1 few lines, honing von will profit
bv them Ml n aso I lor -o doin'.’. 1« that Ibe
tte,< von hi> e m>! <te«lt |n«tlv with SuntU.ne-
< or-llñg to onr «’nn'lsnl of talth >in<l I will
en I. .Ivor to -lion i-ou where. t rom wlmt I
nAn learn from comi reliable nnihorltv. Smith
i ..S..T red to leave all vonr mlw>n<ler«n»n<l-
l„„. h.-tw..n ■■< > 's .ti«imi-r.'-.'<l person,
forsolllem - . .’ 'i‘lvP_re,??"'.1,__Y2?.
have «ought to ,b }¡é¿én hi* reputation by
hHnain^*omethin¿ l^r»’ tfc« public from
urm^n
t the
,
«»ateof Kan-aa, wtin a view
wav
fwk In
*t
opinion tlown on him so yon
of gottlnir publico
is» hard earned home. Mr*
p’e^cK’ìun'dérstsnih b»« l^n to «w the goy-
ernor twice, to «r *p if -lie could not »«eenre his
home Iff-fArt» bi* title w:i« «et r ^M p now. Sir,
:’. .t soul'! naturally make
«urli dealing
It is reported that
moftt m»y man
litli should ifive lmme'11-
«Le hn« *aH tl
pn<4<u>sion when hi* ri&fht to homestead
to law. if his
the land 1* ®<’t asiie According
titl*1 to hnn>p*,**aii the land is *pt a«id? hr
r riiri t ’n purchase the land
•till hit* u i »>< ft.
from the « rx»f I »pa rd than any one ele? by
B‘it jon have w>uarht
the riirht n . - ■•tlphi.'itt.
door iiMrttn«t him and turn hi*
to cìo*e evi
and from wha* I can learn.
family out drw
: ii snv friend- He bat lived
Smith ha* a srt r h
here thr«1 rec . ; Iipc’n a public benefit In
nrlpinff tn ae* e’nn the resource» of the co’in-
and work road*; ha«
try and hut’d ’ na «(’I'.nol
:vle no premies except
dealt honorably
■
’
iiDfl
tl a’ Mrs P. ha«
i’onr family,
ronderai it : which do
hpf.p «tm* at. I
it? robN r or the rnan
think th- w
and reputai inn at the
i« m other wav’ I
•m tiflcr «»f i»f<* ’*
t«
a very determined
nn L r-f.i.»'» «*•*/
you 19 that you 9tttle
man. an«*
...... tnfe«a*)«Kt po«-
Stuitb H honorable
If Aon will him. The
o on ■>. that j n» are the
he trouble
h
The above cut gives an» idea of the acene
»1» ì on. «ir. «•’aim to be
M
« .n ' «honld I - a Iforht showing:
£ b ock. <x)» et on «ne.*«
1. The murderer under the bridge, behind
r ft mes in the «wht of the tree.
nt plenty to 'In. y«»u.
2. The victim falling from the wagon.
ph t- vra. P ha« raid
The tree to Which Petch tied hi« team.
а. r
___
IMS 3ll f*zT th« K-vxm.
mood oommg
4. Fred
Fret! Kay
Kaymoud
coming ontt
onU the bndip.
Imdge.
re - the
novera men t. and
«♦
Tn» prono mo
■
—
1.1 believe, arc tb* enIy onc* thBt ieel
б. Bridge.
DEFENSE—AFTEBNOON.
J. J. Spencer : Had the papers connected
with the tirst inquest livid by the cot- h .
but the papers could not be found.
W. B. Turner : Had weighed the bullet
that had killed Mrs. Petch. Thought it
weighed about 130 grains.
Dr. Galbreath : Exhibited corresponding
bones to those broken. He believed ho had
found all the fatal bullet. The Dr. weighed
the bullet in the presence of the jury, and
found that it weighed 129% grains.
Dr. Hall: In his opinion a rifle ball fired
at the distance of sixty fret would go thro'
six heads. In cross examination said it
was possible for it to have lodged in where
it was found.
Dr. E. E. Goucher : Knew of a rifle bull
passing through a plank an inch thick, a
man’s body, bed clothing and the roof.
Isaac Burson, a gunsmith : Had fired a
Winchester rifle, and the bullet had penetra
ted fir timber to the depth of six inches.
J. T. Hembree : Gave a number of in
stances of shooting through the bodies of
animals ; there were no bones in a deer's
body that were large enough to stop a rifle
ball a short distance.
G. W. Davis testified that a rifle bullet
goes clear through a deer's body more often
than otherwise.
M. Swick ; 'Bhat he had shot nearly thro'
a four-inch scantling.
Noah Robinson : Killed a deer with the
prisoner’s gun at the distance of 150 yards.
Two bullets had passed diagonally through
the deer from the ham to the shoulder,
breaking the shoulder.
Geo. Riggins stated that the murder was
committed on his place.
Luke Morris testified that his lead pencil
fit closely’ in the bullet hole in the fence
made by the ball tliat was fired at deceased
in Julyi
A. P. Fletcher and T. A. Turner testified
that the Winchester was a powerful shoot
ing gun.
J. C. Cooper, county surveyor: Made a
measurement of the scene of the murder ;
that it was 59 feet from where the planks
were moved back on the bridge to where the
body fell.
The object of the above testimony was to
prove that the ball found in the neck of de
ceased was not fired from Smith's rifle.
FRIDAY—FORENOON.
John Maddox : Mail carrier from Tilla
mook to North Yamhill, passed the scene of
the murder the next morning ; the road was
corduroy; blood was spattered about the
middle of corduroy. Stopped at prisoner's
house the night before ; reputation of pris
oner was good.
L. C. Thompson met Jos Fetch going to
Tillamook, on Monday in July.
G. W. Sappington, same.
T. J. Harns, Deputy Sheriff : Was at the
scene of murder tue following Sunday ;
swept the corduroy looking for ballet marks,
as Jos. Fetch had told witness that one shot
struck corduroy about three inches from
head of deceased ; found no bullet marks in
corduroy. The cartridge shells found at the
bridge were peculiarity marked by the rifle
in firing; recent tests with prisoner's gun
did not mark shells.
Sam Daniels corroborated Morris and Har
ris’ testimony.
D. I. Corker : Shells shown by the sheriff
soon after the shooting looked as though
they had been fired six months before.
Lee Laughlin: Same as deputy sheriff
Harris in search for bullet in corduroy.
G W Sappington, same.
E. P. Bower ; Identified bullet wads
found within two inches of a blood spot;
found no bullet marks in corduroy ; exjieri-
mented by shooting and the marks were eas
ily found.
Mat Guin : same
Bert Bower: Passed the bridge about 4
o'clock on the afternoon of murder ; saw
nothing wrong with bridge ; saw a strange
man near the bridge ; knew prisoner.
John Perkins : Prisoner’s reputation as a
citizen was good.
Lee Laughlin : Merchant at North Yam
hill ; prisoner was a law abiding citizen ; his
reputation was good.
Win. Ball: Saw mill owner ; had dealings
with prisoner : was an honest man.
G. W. Sappington : Corroborated Laugh
lin and Ball.
A number of other witnesses testified to
the good character, and the defence closed.
In rebuttal testimony, G. L. Parker and
J. C. Cooper, old veterans, told of instances
where men in battle had been torn all to
pieces, while in other cases at a shorter
range men had been struck with the same
size hall with but slight injury.
Dr. Poppleton. Portland Adams and Den
ny Walker related instances of like charac
ter, showing that you do not know what will
be the result of a shot fired from a rifle.
This closed the testimony.
The argument for the State was
opened by District Attorney Holmes,
lie stated that this was an extraordin
ary case ; that it was necessarily cir
cumstantial, hilt that while it was so
i the circumstances pointed to G. \V.
Smith as being the guilty party. Mr.
Holmes was followed by lions. W. D.
Fenton and N. L. Butler, for the de
fense, each speaking for upwards of
an hour, making many strong points
in favor of their client. Once (luring
Mr. Fenton’s speech was the only lime
during the trial that there had been
any perceptible change in the prison
er’s countenance, aud that, was whin
Mr. Fenton referred to the final sepa-
tion between Smith and his two little
girls, at which time tears came to the
eves of the prisoner. James McCain
closed for the Stale, making a strong
and telling speech.
At B :30 o’clock the Judge read his
charge, which was a very fair and im
partial one, tn the Jury, and they re
tired for (leblw ration. The Jury were
out until s Jio o’clock »Saturday even
ing when they brought in a verdict of
guilty of murder in the first degree.—
’I'he day set for fixing* sentence was
Tuesday, < let. 2nd.
Before luring remanded to Jail, the
prisoner was allowed a few moinents’
talk with his wife and children, and
bade them good bye for the last time.
G. W. Smith,though convicted of min
der, knew that ho would
for all this, though we believe (». W.
Tiie Meclianice Fair eoninieneeH one
»Smith to have committed the crime for week from to-day.
which he was convicted we can but ex
Mr. G, l>. Carlin and Louis Garrison
claim “ Peace to his ashes.’’
liis remains were buried in the cem eatue down from their home near Eu-
etery near North Yamhill, on »Monday. ■ eneCity, to we tueirmother Mrs. Car
lin. who Ims been so ill. The boys re
port good times in Lane county.
OHI
J>r. Bnyd’s neat little apothecary
100,0 -hii.es forth in true busmess like
style
with its brand new stock of drugs
Secure your winter's wood.
and ni. ili. ines. t all and see it. South
Roads, in splendid condition.
door Garrison's building, 1) street.
Interesting matter crowded out.
XoTtt :■ !—The store of R. .lacobson
Go to E« mid N. Hendrick's lor Mil \ Co. at Sh. :idan, will be closed on
1
hursdav.
Oct. 11th, till tt p. m. on ac
linery.
count of Jewish New Year. Parties
. Go to Corker's, at Lafayette, for w ishing to purchase goods will please
Timothy Seed.
cull before that day.
School bags, only 25 cents each, at
George \\ ¡Hi . Sr, brings ns a brain It
Russ «x Foster's.
oil a black walnut tree that contains
Wright & Hemstock’s steam saw is about two dozen line walnuts, and aa
Mr. Willis expresses it "There’snot a
at work in town.
walnut tlnee in all Oregon that can
The Petch murder trial costs Yamhill bate that.”
county $500 per day.
\\ o should have mentioned last week
lion. 1>.O. Durham accompanied the the plea ant call we received from Mrs.
Pioneers' excursion.
A. Wallace and lief daughter, ( ora ;
Air-. A. I.. X’ewgard and her daughter,
Corker, of Lafayette, keeps many Nora, anil Mi.-s Nora Hendrick, who
different kinds of plow s.
e line in to see our press grind out the
Those letters written by G. W. news.
Smith, convicted him.
Messrs. J.
Caswell and Bert Keys
The number of pupils at the new took a drive up to Amity one night last
week, and just as tliey were entering
College increases daily.
town, oni' of the wheels of the hack
Mr. Alfred Smith, of Moore’s Valley, dropped into :i ditch, mid over they
came in to see us last Saturday .
went.
Nobody hurt mid damage to
See those Heating stoves, Cook hack, slight.
stoves mid Ranges at .Manning’s.
Please come in and settle your ac
Don't put off settling vonr account counts. 1 have waited long and pa
tiently on you, mid now the time has
with the R ei ' okti it, any longer.
come when I have to pay toy accounts
Custer Post, Grmul Army Republic, and 1 have to have the money you owe
intend giving a ball on Thanksgiving, me to do it w ith. I un an you, anil yon
fh A.' M anninq .
The Misses Hendrick have their Mil and you.
linery Opening to-day and to-morrow .
fiiir friend, G. L. Rowland, of North
Mrs. A. Andre started on Saturday Vainbill, lias a son-in-law limned Frank
last fortheeasi, to make a three months York : and tin \ tell us that this man
Flank York lias swelled up too large
visit.
for his clothes since the Kith of Aug
I'ni'h-Gcorge llangiisser is another ust, all because on that date Mrs. Yolk
pioneer that accompmiii'd the excur presented him with a fine ilaugliter.
sion.
To say that n twig fifteen inches long
Go to Rogers &• Todd's foi your contains 28 gond-sized nnples, seems
School Books, Stationer! of all kinds like a pretty good-sized tide ; but ’¿is
etc., etc.
line, l itis specimen was brought in
Corker, of Lafayette, keeps the best by Mr. 8. F. Staggs, aud is of the “Old
stock of hardware on the west side of Kentucky variety . And w hat is more
curious is that this-twig was taken
Portland.
from a large tree that contained not
Mr. J. C. Cooper will please accept another apple. Can any one beat thia.
our acknowledgements for favors, dur
Our old pioneer friends left on Mon-
ing the week.
dav, bound upon having a good time.
A shoe was picked up in the load Many of them intend " taking in ” New
near Illis place, a lew days since, mid York, and we expect that in their
left at this oilice.
rounds they will luive mi opportunity
making many a dollar, as many of
Zephyrs, 10 cents mi ounce.
Ken of
eastern cousins would give a good
sington crewels, Saxony yarn, etc., at our
round sum Io see the webs on the feet
Russ iN Foster's.
or moss on the backs of un Oregonian.
For your Hardware, Stoves mid Tin
At a regular meeting of Custer Post
ware you eau get bedrock prices ill Baud, Monday evening, October 1 st,
Manning's tor cash.
1883, the following officers were re
Slates, Blank Books, Copy Books, el. vied tof the ensuing six months : G.
Blotters mid all kind of School Sup W. .Snyder. President: A. B. Baker,
Secretary: Win. F. Bangiisaer, Treas
plies at Rogers & Todd's.
urer; A. V. IL Snyder, Leader. A re
’ Don't buy a lantern until you have port of the Secretary mid Treasurer
seen the very latest improved at Mann bows the Band to be in a prosperous
ings; they (ical the world.
condition.
Our young friend, C. .I. Skinner and
One day last week, while Mr. mill
a fi ii nd of his have gone to make their Mrs. Brock were away from their home
home at Montcseno, W. T.
for a short time, some sneaktbief en-
Rev. J. R. W. Sellwood will hold terid the house and took seven or
(■¡.'.¡ii
d.kl.ii - in silver from a purse
service at the Episcopal Church next
left by .111 -. Brock. It is to be regrett
Sunday—morning mid evening.
ed that, we have a person in the com-
An old rotten and broken plank in lnunity who will -loop to thefts when
lliinii creek bridge, on the Lafayette ce ts person leaves the house for a
road, should be replaced, at onee.
lew moments.
It should also teach
Mrs. C. G. Rowel), of Dallas, I’anie our people to secm.lv fasten their
down mid paid her daughter, Mrs. A. doors and windows, when going away.
V. R. Snyder, a visit over Suudny.
The Shakespm.au Rending Club,
A nd still the approach to the North after a vacation of the slimmer months
resumed
exercises on Monday last. Its
Yamhill bridge, settles. Is it the inten
reg'ilar meetings me held at Odd Fel
tion of tile supervisors to let 'er go
low ' llall on Monday evening of each
W. W. Wright mid family left on week, [is membership embraces soinCi
Monday's train for their old home in ol I lie bi iglite t talent of our town, mid
Ohio. They will lmve a good time. we are glad io learn of a glowing in
The Ri roiri i i: is under obligations terest in I he institution. All those w ho
to Sheriff Collard fol courti si, - s hown l ike a p. ide in the advancement of in-
its representatives, during the Smith telecl mil l ull uro are cordially invited
Io become membe. of the Clilb.
trial.
When yim go to Lafayette, don't fail
to call aud see Corker, on the coiner,
if you want hardware ; if not, call any
way.
Court is grinding rapidly along.
Business w ill be brought to a do-“
Illis week. Proceedings' in imp: her
column.
It costs only ^-1 •»:► p i month to i - u:<
the IlKt'OtiTnit. But how is this small
i'X|M'iise to be met f you don't pav lip ’
Do y ou see .'
We b ld the pleasure of meet in . ! Ion.
L. T. Batin, the gentlemanl;. I.'i ■ ster
of tin Land Oflice, Oregon City, al ta
fayertc, last wick.
Mr. F. M. Blake, the rustling, w id. -
a wake tiavdin : l oriesjicndent ol tin-
(hegonian, was in town I iiesdny morn
ing and < inie in to st e n .
“ I'ni le'' Billy Rogers brought iis a
potato top that bail a dozen or more
thrifty looking pot ’oe growing in it
—looking curious enough.
R<member the foot race between
Martin and Pendi
s. next Saturday.
It will be the mo»l interestin
ever run in Yamhill county.
Any one wishing to purchase a good
farm w ill find it to their adva utage to
BBCAPE THE GALLOWS.
He was remanded to hi* cell at 9 call at the «tore of B. 1 Hartman for
25 w 1
o’el<M*k. At about 9:30 he told a fel particular*.
low prisoner—Rogers—that lie intend
Robison & Bak« r hi ave a supply of
ed to take morphine ; told him to re Book Siiti'hels that a: just the thing
quest the sheriff to give his lx>dj to lii- for children to can
their books to
wife, that it might be buried besid« school in. Go and g< *t one.
his little babe that died while lie was
Aren't those pretty little ** pud miid-
in the mountains ; also that the sheriff'
Post Office.—
in .».<»..
front of the
[MIDI, i dies" up ...
.
turn over to W. D. Fenton his pistol,
antnorities ought to fence
gun and $31.7*^ in money, to do with
vK.‘. *’,e
as he chose. Rogers thought him to 1 ’em up for fear they may be disturbed,
lie jesting; nor did he think (lifferentlx
Mr. Tom. Willis, of Happy valley,
until he was awakened by Smitl/s canir in to s<*e um last, Friday and
heavy breathing about I o’clock, f lie brought us a half bushel of tim apples,
alarm was given at once, and Drs. Lit for which In* will a< rept many thanks.
tlefield an<! Galbreath were summoned,
El. T’mlrrwood has Just finished np
and did all in their powei to revive
him, but to no purjiose, The deadly a year of pulling the ribbons over tie
big
Nest Hern Mill team; has quit and
drug had too deep a hold upon its vic
tim ; had jierfornied its mission well, will go up into Eastern Oregon to look
and he breathed his last at h 30 o'clock him up a home.
Sunday morning. Smith had the moi
We n reived a pleasant, call on Mon
phineconcealed in the lajwls of his day from Mr. <-.dh ntin*', brother «4
<NMit. The coroner’s jury returned a our townsman, W. Ik, who, kith bis
verdict in accordance with the above wife and <»tir son have come to make
facts.
Oregon their horn« .
Through the courtesy of jailor Dix
on we were allowed to* see the corpse,
T he second half-term at M< .Minnville
and as he laid cold in death lie looked College begins on next Wednesday,
the same ax he did when we saw him Oct. |Oth. Quite a large nnimber have
a few hours before eicept a pallor had ex pressed their intent ion to enter the
overspread bis countenance and hi»« s< hool at that time.
fare was eonstdt raidv swollen. As we
Some of »hr nicest potatoes w<
aaeed upon the lifeless form of this
doomed man our tbmiiriita are led bark seen this year, were brought t-
over the horrible minder, the scene, ofth e oik «lay last w«»«»k, fr<
the circumstance* connected with it, ” Fullerton farm ” bv Mr. Char
to the aniniish of the heart-broken hus C«w»k. Then are thr«»e cant it s,
band when his wife wa torn so ruth- IL we*. Peerless and Snow Flake, I he
legMly from
and
fa- ’ ar«* seven of which will*weigh u ent
£•"*/
fro!" him
&»"• ; I of
<>J the
V'? wife *,
,,d /*
I . tl^rifraa
of -----
thin l —
man
lie one pounds or an average <>f the
.------ chiidnn
—■—
---
— lyinjr
» --
lor* «*» tin mdee<i a Md picture. But pounds each. Who can l»eat it f
Bow ON A T iiain .
Yesterday morning, íu * tlm .McMinn-
villi' express
¡»ped at Not th Yamhill,
a nunibi t of y « ip men who had been
at a «liince nil night got aboard the
; : . . I I I .
I 1: ? v ere in a state
___ of _____
intoxi-
,
•;uion bonlci iu;: on the bestial^ mid
won berm'ii* involved in a brnpl
among thmiiselv <‘S 1 vLirh amounted to
almost a riot. r or a time Conductor
Bog.irt ami thi tl tinmen were un
abb' tq keep t hem quiet or NUppiegH
iiH'ir foul Imigi
‘ me of the party,
mimed Pliilli] p \\ alker, tlom islied apis-
tol, which Vint
a b r a k m an *
HU<ci o<le<l in
I ::ig away from the
wnrliKe Ymnhiller. Giistavus Scrog-
in , ii.
• 1 <*i • to quiet the men and
vent their making fools mid crillli-
e I oi t heiiiseh rs, as drawn into I ho
1» as mid r . ¡(D rably sei aped about
!<• head and lace. Mr. Srrogrgins wan
;i ;o
Hrd mid had not long to do
v. i ii lx • miaii e\i< pt as a peacemaker.
Tin re was conoide: •ruble hitting and
sli'ikii ug, hnf the co mtestants were in
a uinudlin str ate that but little
(I rl.tmni
was done, mid they did not
il|>|M*il r io can* wh hether they hit or
Hl IKMU 1. Conductor i Bogart Miieccedcd
ill fj i < tillK Ülo ( row d at Wapato
ftlltioiii.—Sunday’s Standard,
At 1 in* residence of
i
the bride’s pa-
1 Opts, in Wi’bfoot, Yamhjll County,
i )rt*Lf(> it, on Tue day
pt. 25, 1
bv Re v. .1. Faraona, pH*
|
tor of tlii* M. E.
( ili nre h, Day Ion, Mr i. ( 'lay ton I riali, of
me Dall«
nid Miss Katie Coox rt, of
WebfootL _
At thè r« idence of A. IL Fatilconer,
Slicridan, On'gon, Hei>t. HOtli, 18H3, by
>. Coti i. .1. I’., Mr. .1. A. W iiiixiiiiixii.
of \L Miniivilh' :ui<l M ìhh olile Faul-
i ' oih t , of .. < ~i Hi'i-ii. ti11 of Oregon.
tin* re odi'iiii' of ihe briilc'H pn-
reni
' l Ite. ■ pt. 27fh, 1
by
. I I. ’fonli-«mi, Mi. \V. A uk I ìii
Eld :
and Mis* K itile Uruxer.
t*
.M illin Eta OPENING.
1 1 A N. Ih ndi irk, win» have
moved to their large store, for-
rtipied by Mr
Spurs, bave a
all Miliirjei
•ipening on the
5th. when tli ry w ill ilisiiiny the
uni l’est M*le (■ ■I 1 .diurni Wili
k that waa < er shown ill this
’t)Oli- will la- foil,ui
anil Bonnt-t», Binis,
era, w
■linea. Velvets and
tea in ¡
ittcwi shades. No
iinred III rtfdlTtillK
have
a cordial invitation in
itnek. i
to attend the ojM*DÍiig.
----- —
r.i< S
r. .1. I
I
il will «II at pabilo
»cmiw « l>a niilrs «ve»t.
turili;.. < ti t. filli, H ot *
ng. am! all kind, of
usila. For furtlici pnrtic-
tenu*. see poster».
25w 1.
li
(