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About Lake County examiner. (Lakeview, Lake County, Or.) 1880-1915 | View Entire Issue (June 18, 1903)
LAKE COU.Nl Y EXAniNER, LAKEVIEW, OREGON. JUNE 18. I0J.
VERDICT FOR 22,500.
( con 1 1 mutt from flrwt pnmO
treat o( tin annuls f a remote
neighborhood, but ooonsloniilly there
nrv touches i( ru;ied homespun
sentiment iiml passion. (tm of the
earliest mul most divoitiiiK of them
van offered to show t tint lieforv his
Ioiik separation from his Inamorata
.1 i in Heryfonl wax iisardoiitn Kotnoo
as over sighed out his yearn, with
out regard to the eonsoipiemvs on
tin heart of a trusting Juliet.
Following; I a portion of the epis
tlo from Heryfonl notifying his lo
t rot lied of his intentions of bn-akinii
the ong-agvmcnt. written from l.nke
viow. Or., under date of (Vtolier P.
"Well, 1 hate to tell you that 1
have changvd inymiinl. 1 ain't eoin
lujr back, for I don't think that I can
do as I promised to do: so I think
we had better quit. 1 don't want to
promise something that I can't do.
so 1 think 1 had letter stay single.
You can answer this if you waut to,
and if you don't it is all right any
way. So no more."
In answer to the nlsove Miss Mc
Wayne, Mieu.. Nov. 16. 1SU1. Mr. J. V. llery
ford, Lakevifw, Or. lvar Sir: Your letter of
October HI received a few days -o, oer a
week, I think, au.t tn.t knowm what to do, I
did not answer, tmt after careful coiisi.lcraiioa
concluded to aiiouer. aud I nope you may ir
don my intrusion, but Ibis i something tbat I
cannot form I. for it is no small affair. It
were raised by the attorney for tin1
plaintiff, w hlch w overruled.
Heryfonl then told of receiving a
letter Home months subsequent to
the one In which the plaintiff lenird
him to reconsider his determination
not to marry her. In this one she
foriruve him the Injury he had done
her. lie never answered It, mid
heard not hlnjr from her until served
with notice-that he had Wvn sued,
last Fall. Ho admit ted writing her
after this Incident, offering to marry
her and Inclosing fjim with which
she might come out to Hcno. Nov.,
wli-re the ceremony was to take
pl.'uv. The plaintiff never replied to
this proposal. Hereford estimated
his wealth at :?7u.iMi. and maintain
eil that financially he was greatly
overrated in Lake County.
Miss Mct'arty was then nralliil
and stated that she would not con
sent to a marriage u Itli the defend
ant at the present time, and donj -lug
that she ever wrote a letter for
giving him. "1 shall never forgive
him for the groat wrong and injury
he has done me." said she.
Kx-Sonator Charles A. Cogswell,
formerly of lako County, was then!
sworn, and corroborated H cry ford's, j
statement that he t Heryfonl I was
not worth In excess of $7u.inni. Mrs.
tripliii. ho for a time was houso
kivpcr at the Heryfonl ranch, testi
fied to some minor matters concern
ing the relations of the principals,
denying that anything improper oo-
queer to me tbat you did not tiud out ourred U't we. ll them. Her husband
It. T. Stripliu, siipporteil her state
ment. The testimony of Mrs. Ida
Heryfonl. wife of the defendant's
nephew, who also lived at the Ibry
ford ranch, develi in nothing new.
Mrs. Keddell. a resident of Lake-!
view, with whom Miss Met 'art 1
Visited, Vns the last ittless e.-liled.
She testMl.'d (li.lt
long ere tins that you did not lore me. and uu
til 1 am fully convinced I shall not take mat I
as a suffi. ient caue for breaking your prom- j
ise. You hive waited until almost the las' ;
mnait", u:i:il 1 had all my eddinp- nit. u -i.'s
made, an I i.a i tol l my foUj and Irietnls. In j
you think you liate treated me justly I'M l!
ever in any ay tv to unlnce you to te.-p my
coiiipony i.ntii u.-re eti-a.- i Is. ..u
til in k a n,a:i lis- tie r t :it to win t.'o- .- oi h '
Kino; lls up on the I'lioiu- it vow want
AiiYlliiiie. in our I.inr.
h' rt ii
WOl.ittll hit- .1 . .
an'! one : . i :n
Ili:L . i It:.' ::i
cm. i' to v , . : ii
vou . iv -. :..h ic.
and i.,v- in. h
h ht ti I : .. .
kin-1. I h ,
ine a.id I.-.-. .
Alter the n
a lis We J
at tin i. -painfii!.
i::n id 'lien a-t h r -: i.
a t- y -t' w M.-!i it h- t;r- !-'
. '. t.t - m:ic iliiuc- i:i :ii 1.
i..;. - rr.'vi . no 1
1 u' 1 !1" .
I.- ; tin-, my -"-rr
:--r.-. T- .; in.- i
.11 1. 1- 1; ir v 1;
the plain'iti had mad.1
hero iiieefu:!m M r. lien
and t'u.it o-i the day -!c
l.nd Mi- Met 'art v to-.'
going back to Miohi-ali.
heart was. ' I'.i .1 h si.le,
1 1 1 1 1 ) ; r-1 .
; f; !' ii-
' w le-r.
. 1 1 tl .
I 1 -BAII,:v ?!
oa recess Mr. Heryfonl
on the stand. His
wen-carefully w eighed, and
his hesitation was almost
jet lie Was seli possessed.
exipt when closely pursued b
ludge I'l'ay on cross--xaiuiiiatioii.
He stated that he was -l" years of
age last Spring, that he had U-eii a
resident of Iake ( ounty for years,
and was engaged in ranching on an
extensive scale. He Wiis married '1
years ago. and his wife died eight
years ago. leaving him four children.
He first met Miss MeCnrty on t he
day she arrived at his raneh. near
Lakoview. in SeptemU-r. )'. She
n-liiained at the ranch t t ii t i the fol
lowing March, when she went to
l-fik. -view . froi.i thence to Ashland,
and in the Milliliter returned to h. r
home in '.'a tie, Mich. 1
Mr. Heryfonl then told of how
acquaintance with the plaintiff
rijH-neil into love, of his proposal
and suliserueut acceptance. He
denied positively that anything im
proper over occurred IjetWeeli them.
He told of the trip which he and
Miss Mct'arty made to Ashland,
when her school had closed, and of
her request that after their marriage
she be permitted to live it portion of
the time in Michigan. According to
his statement, he told her lie would
'we it I mi t that." but made no
definite promise. The story of his
son's illness in California ami of his
trip to that state for the purpose of
nursing him followed, and the events
and the iqieiiing arguments were
made. Mr. M:ller s-akiag for tie
plaintiff and Mr. tiearia for the -
When court convened at la nV,-i
yestesda.v timming John M. liearin
concluded t In ojieiiing argiini. nt for
the llefells)'. wliicli he had Ih-UII th.
tlav U-fore. He was followed bv
.luilge Mallory. whose scat hing ar
raignment of Miss McCarty was one,
i of the most memorable addresses!
ever delivered to an Oregon jury.
He charged the plaintiff w ith delib- ,
crately planning lier -ngageiuent to
Heryfonl for the purpose of bringing ,
a subsequent suit for breach of prom
ise, lb- pictured Mi's Mct'arty in j
impassioned language as an adven
turess and represented his client a
1 to- injured and aggrieved party, lie
pictured I,, r as a woman ( tie
world w ho had nothing in cotaliion
with the rtlde life of the fiontj. r.
whose heart could not have Ui-n
given in good faith to the unsophis
ticated and uncouth cattleman. He
asked t lie i otirt to instruct the jury
to the effect that. whet. Mr. Here
ford wrote .Miss MoCarty and sent
In r t In- draft for w it h which to
come out to iloiio, Nevaila, and
marry him. he iH-rforined his part of'
the original contract ami was there
fore relieved from further responsi
bility. In sjH-aking editorially of the case,
the Portland Telegram says: "The
jury wen-very sympathetic tiud lib
eral with Miss McCarty, but the
court may have something to say
yet that will not lie so pleasing to
PAMIR . AM)
PAPLR . IIVMilR
4 urn ili'l luitl Iteautl
fUlllweol Nnni'lis tu fee
uttUMW twniu-wjv wpmmjamMk ja.rt r-
ree me i
l AVRES & 5CMLA(ii:L. lropa.
e i I ziAt 10
fJeer sold Wholesale ft kctail j
' Delivered any place in Town
.'. v :
.- : 1 1 1 i
of that ;
tiance t i
into l he
lie 1 1 isco
"o, sir. 1 packed 'em an
II1V pocket till thev was Wi
and then J thrown 'em away.''
"I w ill you if you ever n '
that let!, r," n fel ling to a .
the one published above.
The di l' ii iaut took the letter
holding i' ia liis trembling h
consumed tea minutes in labori
spelling it out. This pursuit
literary e ' i --at ion was at
inteirupted by .Ill'lg"
whose pat i'-nce was bein;
1 1 1 to nil' eit'ii tiiai. wnei. .Mr. iterv- pii il ..lL ii i
iford wrote Miss Met arty and s. ,,, m TOTLPJ P!U?J TROUStKJ ISml
I I l. f ICIHIK. 1 -A
I nd in . ,. t I.Mli. vi. w - or.-irun Jure l' i lAr jr
N .ti. . i, i,. r. i,y .!..!. ti,t ti,.. t.,:;.. itltf , lylU Ja
-I ,. r i,a !,: ! ti"';o-"t 1,1- i :i r .. ri cti '.. llV 0
II.I.K,. .,: j re. ,j ; i, - . ; j,. t ; ni I, , - I 1m: r;, . an I I Ol .
tli' -n.l ;r.,ni ii i , i '' ifm't .r.- l;.;-'.r Il tn
.:,'! i.-l.tl.,!,,:..,!,.,!,,:, ,,,,,, -. IOI T
' v !. ;!., 'i I'Miv II i. :, , Plf)l Jk
. . I- - T ii. -I I: ? I 4W rJ
V Wel'e dewU-d. He Ii'- I.'..: . ii,.- f loin.. W'tn t.. ,.r..-.. T
ti,.- proposal of I,;, ;':;,;r::r,' 1 :' r ::- '. 0
divide her tim.. ..- ' '-.'- - s '' -.. . i. '' ' . ....' Jk
e- and Michigan g..t - ' ':" '' :, . : i ' i:', I ; , ..' ". '.... r
: processes of hisia.:..;. llllldil l.AXIi miTK I;. 'o sf
: .,s of olTe.pi.nden. e. 1 :.. 1 -.., .1 '!., I i ,. J J
ii';" he d.d not i , ' '," .. .':.";".':" : ril "
''y v) b
'"' I'"' 1-t'er. o.. ...... ....(. Hid ;.)., i l. I : t g
'afy wrote oij ,i ,r- : ; ' ; ; , . ; . v , : ' ;;..!" - ; , &d r
IV asked Alton, -v !. e;..-. t,..,r. .- , i,)V)l 9
.:...',:.- ., ,ii'.: U I X
l'.,rr. K.. ii. .
,.,; ; -I I':. ".. ..lh.n-.H-U. .. ...... f
re ' . Ne . - -.. .-i'. - 7
'. o-n. j ' MKVr,!i o' '.',.. f ,t ...... G
'i-:.' , . ..!) off.T proof to -:...i :iMi uj
,f ; - Hi. ilv v 8ll.ni.,. to; i s t , : , r ,,, pl
letlg 111 ' to .. 1 ; I.. i I . If. " 1
'.V ......... , - Co Hi :,i 1 .on. r I k' ' I . ......
lielllligef, 'ir.-.-on ot. i .-di..-s.;) tin--.'ikI di. v ..I .-. .i.-i,'(.
sadly test-.'-K:" , ,.., , K W
.."' A. -- "I- ., ': . ' i.o- .. si. ! , 1'
is Mr. Jo r.;..,.r.- .. LD
. . PLATFORM . . $
There will be a lilz Platform
Dance 4th of July week. You will
miss it if you don't have your measure
taken for a suit in time for the bijr
We guarantee fjt and .satisfaction
at THE MONOGRAM.
eWsv -vs--'ii-evti. 'vxy-t'ai.s