(Jmmt$i )5 LAKKVIKW, LAKH COUNTY, OREGON, THURSDAY, JUNK 18, 1903. NO. 21. VOL. XXIV. A VERDICT FOR $22,500. rtcCartylleryfurd Suit In Favor of Plaintiff Judge Condemn The Verdict as Excessive. The sensational breach of promise milt nf MImh birdie N. McCarty. of Michigan. iignlnM Jiuihh l. Ilcry frl. of I.akevlcw, wu called at I'orlloiKi mi Monday. .In in- Nth and hutted three day. 'I'li' trial caused tilte u sensation In Portland, ami I ln paper made much a do about It, .mil they hii'I I to throw public sympathy In favor of tin' plaint Iff. Mtcrthc trial wan ended the Jury deliberated tint a short Hine w lien ilii-y brought In a verdict for the plaintiff of $:-.',.'ihi ami cost. The result wax a big surprise to most people In Lalo-vlcw. ami wiim also to Judge l!i lllnu'-r iM-fuii- wlioiii I In l rial v m In-Ill. Ilf said: "I am disappointed with this vcr- lid." "I consider It excessive ami fii-l that II should U'M-t aside. The jury vv III In- dlsi hinged ant il tomor row mi .rnlug." The ' mlgc gn vi' t he defense '.'' iIii.vh In which to llli- a million fur a iii-w trial, which, no loiilit v III Ik- iIoiii'. Tin' i-iiM' of lllrilic N. Met arty vs. .Iniiii-H 1 1, ller.vfonl wiim begun In tin' l ulled stales Circuit Court on Sep. IcuiImt s lust ami ciinii' up for trial .liini' s for the lirst tlini'. MImh Mr Carthy mm represented li.v Judge .IIioiiiiim n'linv ami L iiIh II. Tar-pli-y, while Judge UnfiiH Mallory ami . I 1 1 1 1 1 M. i ii-ariii apH'ini'l for llcry fi.nl. During tin- first ilny of the trial dim1 vv ere pi ne t lea li.v no spectators, I. tit l he Hi-coml day and to the end, the court room wiim crowded by . III lolls people. The report of the ciihc iih given by The Orcgoiilnn was xeiiMa' lonally ami startling In Iih nut me, an Hie confession of the plaintiff and lettern of the defendant were pnbliMhed from day to day. It would be ImpoHHlhlc for The I'.x aiiiluei' to reprint it all, but will ;lr eiioiili to mIiow tin ' hiuH during I he t rial. The lrei;oulaii Maid: The i oiii'I roi mi wn trend of J hot, audi .Indue I'.elllner, llie hiwyei'M and M iwH Mi ( alt y as Hworn, she tenti in !-eeiiii.i to lake but a perfiiuc- ; f praet ically alony the linen of 1 1 ry i 1 1 1 crest in the affair until I he t he forcHoin;; statement. 1 1 m I i 1 1 1 1 n i ,v of Miss Mi l 'jirty woke them up uith a Htart, after which there v tut no iIi'owhIiik. The Htart lintf and reuiarkable lihraHe of the cane Ih, however, the fact that a woman and lu r champ ioiiri coiifeHH to and liiHiHt upon her own iliHlioiior, while her opponeutn inalntalii that Hhe Im nut weak ami erring, that h1ii Ih neither Hiniieil analiiMt nor hIiiiiIiik- Thin Ih renin rk a.ble la that the llual iIi'cIhIoii of the Jury doeH not hii'iii to Ihiiik' on the (pii'Ml ion raiHi'd. The hUlory of I he case an recited by the la wyern and mutually nurccd upon except In a few i lot ni Im in thai ".I Iih" I Icr.vford Im a ranchman in t he vicinity ol' l.nkcview, who owns a I hi id. i.i I ha I ilia : ih a iiinv im i deiii . ' I 1 ! ; 1 1 lie lime hi-. ;n i j i: -i i:i 'i-t.v i.-, worth oid..' a paltry $70..'m.,i. In September, I', hi. Miss McCarihv, 1 T li a school teacher, year of age, came out from Michigan ami Mcciircd a place an teacher of a hcIiooI In the Lukevlcw neighborhood. She board ed at the lleryfonl ranch ami nii-t ami wu iniicli In tin- Hislcty of Km owner. ".Miii" frequently drove lii-r to ami from the w IiooIIioiikc, ami Is-lng i willing worker, It wiim hi custom to build the hcIiooI fin and do the sweeping. He plainly looking for a wife, ami hlM littcn tloiiH to the teacher Ist-aine marked. He wu her escort to dance, debat ing vaudeville ami other rural fiinrtloiiH which the country afford. On ChrlHtiuitH eve, 11100, w hile driving her home from an evening gathering, .Hill lleryfonl kissed the teacher by the light of the ntarM, ami on the following night offered her IiIh heart ami haml. .UIsjiCiirthy asked for time, but aftr four days shi-conscnt- eil to Im-coiiic IiIh wife, with the provino that she In- allowed to hm'ii1 half her lime after the marriage In Michigan. During the Wivks which followed Hie engagement, MImh Me Carty alleges that lleryfonl coin promlMeil her ami that t heir relat Ions continued until the Hilllillier of '.), at w hich t IiiichIic ret iirned to Wayne, Mich., her home, to prepare for the wedding. During that Hiiiiituer and Autumn a correspondence wan maintained lx't Ween the t wo. In October, how cvi", the plaintiff received a letter from lleryfonl Minting that he had craned to love her, and linking to be released from the contract. In aiiM wer to I IiIh, die wrote him lag ging him to make her hi w ife, of which letter mIic t bought fully pre nerved a copy, sending the original to Hi r ford by reglstcn'd mail. She received no ri-HpoiiHc, and, after wait lug mil il hiHt SeptemU'r, she, on the ndv Ixe of her lawyer, brought the pri'Mcnt Hiiit. When notice wiim nerved on llery fonl. he wrote, according: to IiIh i Htory, a letter to the plaint Iff offering to fulllll IiIh broken promise ami marry her, provided wlie would come to Keno, .New, for the ceremony. The offer. If made, wan not accepted, and. after nine iin.nl Iih, the cane In up for t rial. II wan late in the afternoon when There wiih one tense moiuelit dur iiiK the examination. She had told her story In a clear, convincing man ner up to the time Just following her ennnKeiiiont, when Jurist' )'lay ask ed her to make the most awful con fession which the law, society or her Creator can ask of a woman. She shrunk, hesitated and then, with downcast eyes, did as she wjw bid den In a voice hardly above a whis per. During the recital the man of whom she spoke wan absent from the court room, and she was at bay, alone, with her counselors, who were yet her accusers, ami her juiluos. The second day of the McCaiiy I ler.v fol d biv.'u h of promise trial saw the testimony completed and arguments uf coii'i.-el ci n i itnei iced . , , : i . . .- . , . ,, , i . ..I :h,. . -vuI.'in. ami for the greater pari (continued ou fourth page. I " i WARNER CASE UP IN SALEM Settlers Before 5Ute Land Hoard and Ask Refusal of PatenU So They Can Obtain Title HA LKM.Or., Juno IS. The settler ou land In Warner. Valley which In claimed by the Warc.-r Valley Stock Company, made their lnt struggle today for the continued iohhchhIoii of their homes. Thirty-two settler presi'iitcd a pit I Moil to the State Land Hoard, asking that the state do not tale a patent to the laud, as It has a rlht to do under a recent decision of the Depart liH't of the In terior. The settlers ask that the state (jive up Its claim, and ask the (ioveriiuietit to Issue patents to them. The settlers claim us homesteads on tiovcrnmeiit land, while the War ner Valley Stork Company claims oh the successors of purcnam-rsfrom the state under the swamp land law. The state has parted with Its Inter cuts, and Is How Interestiil, if at all, only to the extent of aldlnj; In the projsT adjustment of thecontrovcrsy betwecu the settler and the stock company. The whole ijuestlou has hinged up on the determination of the fact whether the laud was swamp and overflowed In lin. It Is iwlmitted that the land ha since that time lie coiue dry, and I not now swamp laud. Decision hare lieen rendered holding first on one side uf the (iues tiou and then on the other. Com missioner Hinder Hermann of the Ceneral Land Other, held that the land was not Hwaiiip, and that the state had, therefore, no title. This decision wan overruled by the Secre tary of the Interior ashort time tijro. All that remains to lie done to Rive the stock company complete right to possession I for the State Land Hoard to apply for and receive a patent from the lioverntuent con veying title to the state. Whether this will lc done Is a question of greatest Interest to t he settlers. In the argument iN'fore the State Land Hoard today, Mr. Hall offered to present any t est imotiy or evidence the board iniiiht desire iiardiiiK the character of the land, and said he could prove not merely by a prepon derance of t he evidence, but lieyond a reasonable doubt, that the land Is not swampy. The settlers, he said, are willing to reimburse thentate for any stuns It may becompelled to pay the Warner Valley Stock Company liecause of the cancellation of the deed the state ha given. He claimed that the division tin to the character of the land, was se cured by misrepresentation, and that the state is not bound to observe It, but rather avoid it. The Oren'onian say editorially: Public sympathy and common Jus tice are ou the side of the settlers in Warner Valley, whom the Warner Valley Stock Company is trying to dispossess iif lands loni;' occupied as hiiMiesirad.-i and improved and lived upon a .-I Mich. The.-.e people o ident . ; . . , i,,uv,pieu, i.v to act of violence. ( j may be hoped that equitable adjust-! . incut of Ihlscus will lie reached, since neither party to the contention can afford to urge or accept a settlement , upon any other basis. Laud feudtti or cxccedltiKly Mtter, and are pro verbially slow In dying out. A com pany, In a caw of this kind, even If It ho a law upon It Hide, can much Is-tter afford, even a a financial proposition, to buy settler out than arbitrarily to dlspoMsc them while there can Im no doubt a to the eth ic of Much a proceeding a judged by the standard of the golden rule. About The Reserve. I'lllU-rt Kotii, government Inspec tor of Forest llecrves, who for the J pant month ho Ix-en Inspecting thei tlmlsT land recently withdrawn In j Mod'M' county, arrived hen' last j week, ami will look over the 4'ttown- j ships withdrawn in Lake county. I Mr. Hot li will probably find that; the Is-st tiiiils-r land ha already Im-cii taken, and what Ih left will ls j of little use to the government. The ; reserve as It now stands completely I bottles Lakeview up, and if made permanent will eventually drive , every sheep man out of business;! will kill Lakeview- and cause the farmers of tJoose l.Jike valley to starve to death for the want of a market. This Is no Idle dream, but It is the candid opinion of every busi ness man of Iikeview. The sheep Industry Is the solid prop that every business house In I akevlew leant! upon, and without it they muat fall. It U understood that Mr. ltoth ac knowledges tlm rtm WiiuU'II Will J lia veto go out of business If the reserve Is mad'' permanent. No more In justice could be done a community than to withdraw these land from settlement. To hold these Jand open for settlement brings business to the country, taxes to the county, and is an Incentive to railroad building and the settling up of the county. Then are no stream in Lake county that one or two town ship would not cover to protect their sources from the hot rays of the sun. There is no necessity for anything more. These wholesale reserves are being fought every where In Oregon as lieing against the best interest of the H'opk and the country at large. We luie Mr. Koth will recommend that the Lake county temporary reserve will be thrown open without delay, and we are only voicing the sentiment of over three-fourths of the people of Lake county. BUNTINQ-MAHAN. C. A. Hunting, formerly of Lake view, and Mr. Veneta Malum, both of Merrill, were married at Keno, Nevada, ou June 3d, at the residence of Mr. S. A. Ablie, aunt of the groom. The newly married couple sHnt several days in San Francisco, on their return home. Mr. Hunting Is a t well-to-do cat tie man of Merrill, having made his start ami grew up in the business in Lake county. The bride is a highly respected and well known lady of Klamath county. The I'xaminer extends congratulation-. . - - ' : ". v i :' ' i' the Poly Urlir.ic Insiiuueof Hosioii. -irut Push Observer. THE DAY WE CELEBRATE. The Line of March and Order of Exercises Fireworks and Big Time Generally For All. The Fourth of July committee have finally accomplished the diffi cult task of arranging a program for the national holiday, which Im Hubject to change before the final adjustment of affair. The amount HultMcrltied I very much hort of what the commltte planned; In fact fl.V)or f-tX) more will have to be raised to meet expene. A plat form 100x40, with an evergreen roof, where the exereie will lie held, will afterward be used for dancing, iM'glnnlng In the afternoon following the ball game, when it will be free to everybody. In the evening a small charge will Ik? made to help to pay the expenses. Following 1 the pro gram a arranged: National salute at sunrise. At9:-0 t lie procession will form in front of the court house for parade. The j march will lie north on Water street to the opera house and west to Muln I street. Then south and around the court yard to the place of beginning. In the grove the program will le carried out as follows: Music by the Hand, Song by Glee Club. J. L. Smith, president of the day, will then make a tew remarks. Trayer by chaplain I A. Myers. Heading of the Declaration or Iiufe IK'udenee. Drill by little girl. Kecitation by Master Jeo. Koss. oration ') ( M. Smythe. song by oiee dub. Immediately after the exercise w 111 lie climbing of a greased pole, free for all boys under 15 years of age. 1st prize. $2.50; 2d prize, $1.50. Heees for dinner and to give the small boy a chance with his fire crackers. After the baseball game in the af ternoon, there will lie games, as fol lows: It ace for boys under ten years cf uge, 1st prize $1.50; I'd prize, $1.00. Hace for boys under 15 years of age 1st prize. $2.00; 2d prize, $1.00. Hace for boys under IS years of age, 1st prize, $2.50; 2d prize, $1.50. Hace for girls under 10 years of uge, 1st prize, $1.50; 2d prize, $1.00. Race for girls under 15 years of age, 1st prize, $2.00, 2d prize, $1.00. Slow bicycle race, free for all, 1st prize, $2.50; 2d prize, $1.50. Totato race for boys under 15 years of age, 1st prize, $2.00; 2d prize, $1.50. Egg race for girls under 15 years of age, first prize, $2.00; 2d prize, $1.50. Sack race for boys under 15 years of age, 1st prize, $2.00; 2d prize, $1.00. Sack race for men, 1st prize, $;1.00; 2d prize, $2.00. Three legged race for men, 1st prize, $:!.00; 2d prize, $2.00. The grandest display of firework ever seen in this northern country w ill be gi en ia the evening. A bal-,,..i.-. ri ou i:.e vi iv u. la ci !!- .:.-!--i..-.. .up . . il II- .... - i . i i . . . v, . H u.i . ! I o i , . i iv u .'. a U : lite 1 l,i te j ;lsl (all, owing to the set Hag hi of j winter slorms.-Kxpross.