Lake County examiner. (Lakeview, Lake County, Or.) 1880-1915, June 18, 1903, Image 1

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

NO. 21.
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 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
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
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
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 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
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
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
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
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.
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 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,
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.