Weekly Oregon statesman., October 17, 1902, Page 6, Image 6

OREGON STATESMAN. Fill DAT, OCTOBER 17, 1302
-r . -i. . ..
LIURDERmtHE
' SECOND DEGREE
"by the Jury Last
i.
or? im-
exclude' "every'other reasonable hy
pothesis except the guilt of the .defen
dant. Tou are cot In this case to find
the defendant guilty; merely because
you axe unable to account for the kill
ing of Fain In any other manner. Tou
previously, conceived though!.
presslon art (Xing' from what you may
Jitive heard before the trial begun, and
to consider only the law and evidence
b given you-upon the ' tribunal. 1
charre you strictly that you should
not, in your deliberation upon & ver-1 must be satisfied beyond a reasonable sion.
diet, allow anything to enter Into your doubt, from the evidence, that the de-
Sllwb IS the VerdiCt Rendered I discussion which- you may have beard, fendant from delibebrate and premedi-
cause. Tou ought not In your dellbera-1 manner described In the Information,
tions upon the case to permit your-1 and if vpu. are not so satisfied,1 you
selves to be prejudiced by passion, or I cannot find the defendant guilty of
swerved by sentiment from the path of murder In the first degree. : -f :
duty as laid down by the law. ? f t -The law does not require the prose
r Although you hare he power to find cution. to remove by evidence every
a general verdict, which Includes ques
tions of law as well as fact are
bound, nevertheless, to receive as law,
from the mere fact of the killing, how
ever shocking --or . abhorrent to the
mind, but they must be evidenced or
proven by some testimony that a da-sign-wa
formed and matured in cool
blood, and not .nastily upon the oeca-
JURT ARRIVED AT AGREEMENT
AT :30 O'CLOCK VERDICT RE
CEIVED AND ; READ IN, PRES
ENCE OF f THEr ACCUSED TIIE and to be governed by, what is laid
CHAltGE TO THE JURY. ' f
1
i
VERDICT.
down by -the court, and 'if an error is
thereby made in a statement of the
law. the responsibility la not upon you.
f "With the punishment to be inflict
ed upon the defendant in case he is
found guilty of any crime included In
the indictment, you have nothing to d
The law has fixed the measure of pun
ishment beyond control of. the jury,
and your aole duty Is to declare by your
verdict the fact as to the guilt or in
nocence of the defendant. But all ques
tions of fact in this case are' to be de
cided by you alone under the law as
given' you by the court. 4 You are the
exclusive -judges ' of the truth of the
charge la the information against the
defendant. K Is your exclusive prov
ince to consider the evidence,, and to
determine what weight shall be given
to It in making up -your j verdict; but
although you are the judges of the ef
fect or value of the evidence addressed
to you, except in cases where the law
At S:Z0 o'clock last evening the Jury, j makes certain kinds of evidence cohclu-
i -
In the Circuit Court of the .State
of Oregon, for Marion County.
The Stat of Oregon, Plaintiff,
vs. -' ' I
J. F.-Markley, Defendant. '
Ws, the jury in the above en-,
titled crimihal action, find the
defendant J, P. Mark fey, guilty
of murder in the second degree.
W. C. HUBBARD,
: " Foreman.
composed of L. II. Poujude, M. Brede-
mler. E. O. Seigmund. T. B. Patton, W. j
stve, youc power of judging of the ef
fect of the evidence is not arbitrary.
but it Is to be exercised by you -with
C. Hubbard, D. P. Junk, Wi If. Burg- legal discretion and In subordination
hardt, C. II. Chapman, L. Mauldlng, H.
II. Vandevort, J. Ml Watson and F. M.
Taylor, after exactly five hours of de
liberation, brought In & verdict finding
that JohnF.Markley. on trial In' the
- State CircuK Court for the past three
.days, charged with the murder of his
former business partner, John D. Ftlrtt
at Champoeg, on the morning of June
25, 1902, b5 shooting, was guilty of
murder in the second degree, j ' - ;
Promptly at 9 o'clock yesterday
mernlntr Judsre Burnett called the cmirt
to order and told the attorneys to pro
ceed 'with the argument." John . M.
Gea tin took up the argument where It
was left oft by- hi associate (counsel.
John A. Carson, last evening , and oc
cupied one hour in delivering one of
the most able and eloquent appeals for
his client, Markley, that "has been
heard in thfs court for many a year,'
and, it has been freely stated; the de
fendant owes the sf paring, of his HTe to
this magnlflcent appeal. Mr. Oearin
was closely followed by Deputy District
Attorney Jahn II. McNary, who closed
the argument for the Starte and in the
case, In such an able manner that many
were heard to remark, and Mr. Me
Nary already has a reputation of be
ing .possessed : of rare eloquence and
ability in the line of pleading., that he
had far outclassed himself. i :
At the conclusion of the . argument
Judge Burnett adjourned court, until 1
o'clock p. m when he-re-eon vened snd-
delivered till chare t ttim lurv iHlr.
Is reproduced in full at the end of this
article, and, at 1:30 o'clock p.; m., the
case was submitted to the Jury, which
Died silently and solemnly out ot the
- court room and into, the Jury chamber.
and an ominous silence settled over the
chamber for a few minutes, which was
soon broken by the great confusion
caused by the spectators taking their
departure, discussing the case and
peculating upon the result.' f
. At :80 In the evening Judge Bur
nett, who was at lunch, received the In
telligence that a verdict had k been
agreed upon, and be quickly Tfepalred
to the court; room, wherei in the pres
ence of the accused, who stood before
the bar wih a blanched face and with
an eager arfd expectant expression
upon his countenance, but without
trace of nervousness or sign of weak
ening, the verdict was received and an
nounced and the jury discharged.
If the verdict was a Severe and un
expected "n, to him, Markley did not
oispiay any evidences or It, for ne re
ceived it unflinchingly and without a
change of colon upon his ' white, set
face.. As soon as the slight confusion,
due to the departure of the Juryman,
had subsided. Judge Burnett announced
that he would pronounce Judgment in
the case at o'clock Saturday morn
ing, October lth. and John Markley,
with a sentence to Imprisonment for
life staring him In the face, passed out
of the court room, in the custody of
Sheriff IJ. B. Colbath, and wended his
way to his cell on the basement floor.
He had not much to say last night
except that, he was satisfied but that
he "was somewhat disappointed in that
he anticipated that the verdict would
either be murder la the first degree or
for acquittal, and had not prepared
himself for a compromised verdict, ------
A Sad Parting. - '
About the,, saddest an air In connec
tion with the whole case, since the trial
began, occurred yesterday afternoon
when Markley s brother, of Iowa, who
came out here a few days ago and has
remained throughout the proceedings,
took his departure for home while the
jury was still out. He called at the Jail
to bid farewell to his brother, and they
met, clasped hands and stood gating
earnestly Into each other's eyes for
several moments without speaking, un
til the departing brother finally broke
the terrible silence and said: ."Good
bye, John; I may never see yod again."
That was all that was said, and their:
handclasp tightened. And hot tears, no
. . - k .... . . .
to the rules of evidence.
tou are not bound toi nna a ver
dict in conformity with the declarations
fanciful or captious objection that may
be urged against the conviction of the
defendant, by an Imaginative or in
ventive 'mind, but It does require .that
you. as reasonable men. must fee clear
ly satisfied that no ether reasonable
conclusion than his guilt. can. be -drawn
from the evidence before you can find
a verdict against him. , - "; - -
' "Some evidence has been given here
in the trial as to what J. D. Fain said
shortly prior to his death concerning
the cause of bis death, and 'these are
termed In legal parlance dying -declarations.
They are admitted to the Jury
In evidence solely for thepurpose of
proving the cause of death; and in con
sidering evidence of such declarations
It Is your duty to proceed with catrtlon
and determine from- the evidence
whether or not the declarations as to
the cause of 1alh were made- as stat
ed by t the witnesses; whethen they
were correctly. understood by the wit
nesses,' and correctly ' reported to you
by such witnesses. ; And if you ascer
tain that they were so made as report
ed to you by the testimony of the wit
nesses who have appeared before you,
you are to give them such weight as
you majr think proper in making up
your verdict so far as those declara
tions may convince you as to the' cause
of death of J. D. Fain as the same Is
alleged iri the Information;,'"
The, defendant. ' J. F. Markley, Is
of any number of witnesses, which do charged by the Infonbia'ion in this rase
not-produce conviction In your minds, I with the crime of murder In the first
against a less number, or against a 1 degree, committed follqws, accorj-
presumptlon. or other evidence satis- ing to the allegaticns of the Infarma-
fying your mind. i ' " - ' I tlon: ' That said J. V Markley. on the
It is a rule of law thtk a witness! 25th day of June. A. D., 1902. .in th?
false in one part of his itestlmony laj County of Marlon an I Stnt of Diego::,
to be distrusted in others, but it is fori then and there being, did then ' and
you alone to determine which of - a
number of witnesses is Ifalse' ; when
they contradict each other. . ;, s
there unlawfully, feloniously and ii,r-
posely. and of deliberate and premedi
tated malice, kill tone, J. D. Fain, with
"Every witness Is presumed to speak a gun which the said J. F. Markley I year.
By cool b'rfxxl Is not meant that the
party must fee in a vholiy unpreju
diced and philosophical state -of mind,
but he may - be actuated by some
grudge or lUwill towards the Jeceased
and yet may act and deliberate in cool
blood.' but the dcllie.ration and premed
itation must have arisen while the un
derstanding Is clear and the defendant
Is master of his own patulous and tem
per, and not; Influenced by and present
provocation , or sudden . heat of anger
arising from -any real or fancied cause,
and thet dcri n nust , not f have been
formed hastily upon the occasion. 1
"It Is the law,' horrcvcr.: that no par
ticular length of time for deliberation
and premeditation is required; but If.
after th mind -ncives the though
of taking life the .cooception is mili
tated upon and a deliberate deinnl.Ta-
tion formed to do the aqt, then no mat
ter how roon the fatal resolve is car
ried Into execution it is murder In the
first degree The qUretion is not how
long the defendant deliberated and pre-
mditated. but did he deliberate and
premeditate at all.
-. ""In this, at, well as In every other
crime, two things must concur to form
the crime, each ofVhich must be prov
en to 'your satisfaction beyond a rea
sonabie doubt, The first is the killing
of the deceased ' by the" defendant
within- the County of Clarion, and
State of Oregon, at some time prior to
the flsding of this information; jvcond.
the. intent or purpose to commit the
crfrmf as charged in the Information,
or some lesser degree of homicide In
eluded therein of which the defendant
may be found guilty if the i same Is
proven to your satisfaction Beyond "j
reasonable doubt. ? ,' :;-'- -v- -
: "A malicious and guilty Intent In con
ciusively presumed for the deliberate
commission of an unlawful act for the
purpose of injuring another. '
"It is also presumed that a person
intends t the ordinary consequences of
his own voluntary act. This last, how
ever, is a disputable presumption, and
may fee overcome by other fevldence.-,
"The Intent to murder in conclusively
presumed from the deliberate use of a
deadly weapon causing death within a
0
DUOOG
the' truth, But this presumption may! then and there held In hi hand; said
be overcome by the manner In which he gun belmc then and Utn3 loaded with
testifies, by the character of his festi-1 powder and leaden balls, contrary - to
monjr, or' by the evidence jaffectlng his the statutes In such cases made and
character or motives, or by contradic
tory evidence. Such matters are refer
red to the Jury, who are the exclusive
judges of the credibility of the wit
nesses, and the jury la allowed, in pur
suance of its relation to the court; "to
consider all of such elements in ; de
termining upon the welghtj to be given
to the evidence; but the direct evidence
of one witness who Is entitled to full
credit Is sufficient for the proof of any
fact necessary to be proven in. this
case. - . - , ' . ; ... j .. -;
provided and against the peace and dig
hity of the state of Oregon.
"The plea of not guilty controverts
every material fact charged in the in
formation, apd every degree of homi
cide Included therein, and r.iuir;5 the
State to prove la sir., and each tf
tm?m to your satisf.ictlon lcyond a
reasonable doubt before a verdict of
guilty can be returned eatnst the de
fendant. ' . ' 1 . -.
VAs to the allegation - of , the dabs
when the murder was committed,' it is
la the name .somctimcii-E'' VPn to what
is generally nown as the BAD DIS
EASE. ' It is not confined to dens of
vice or the lower classes, o The purest
and best, people are sometimes
wtth this awful malady
handling the clothinc.
HrinVtno" frhm tVie earn tvteU
using- the game toner articles, or ouierwise cmniflg in coiacr wiui persona
who have contracted ic
.'t -It begins usually with a little blister or sore, then-swellings in the
jrroins, a red eruption breaks out on Ten yeWrB ac; x t bad CM
the body, gores and .Ulcers appear of Blood Poison. I was under treatment
in the mouth, the throat. Decoxnes oipnrtw"nui i nnnauat uwoiit
-i-.-j hVl,air brows and do me no 00l' Then began taking
ulcerated the hair, Drows ana s s s x 0Ommencd to impi.OT at one;
lashes fall out ; the blood becoming in m vry ,hott tlm4 n41 Tidsnce of
more - contaminated, : copper colored , the dissase disappsarsd. x took six bot
splotches and pustular eruptions ana wrMTJl. V. -
sores appear upon- different parts of Wall, Korri.towa, Tana,
the tody, and the poison, even destroys the bones.
- S. S. S. is a Specific for this loathsome disease, and cures it even in the
worst forms. It is a perfect, antidote for the powerful virus that pollutes
the Diooa ana penetrates to an parts oi tne system.
Unless you get this poison out of your blood it will
ruin you, and bring disgrace and disease upon
your cuuoreu, iot ii. can pc uauMuiiicu irom parens
to child. S. S. S.' contains uo mercury or potash.
but is guaranteed a strictly vegetable compound.
- a Write for our free home treatment book and learn all about Contagious
Blood Poison.: If you want medical advice give us a history of your case,
and out physicians will furnish all the information you wish without any
charge whatever. THE SWIFT SPECIFIC CO., ATLANTA, 6A.
"There Is some testimony as to what sufficient for the State to prove any
the defendant said to one! of -the wiU date prior to the filing of tne informa-
nessea on the day of the alleged homi- tlon, and it must appear to your sautl
clde mentioned In the Information and faction beyond a reasonable doubt that
prior thereto, and as to that branch of I tne crime was committed withia Ma.--
the testimony, .1 charge you that the lion County, State of Oregon..'
oral admissions of , the defendant are
to; be viewed' with caution for the de
fendant himself may not have clearly
expressed his meaning, or the witness
es may have misunderstood him, or It
may be that the witness who testifies
to the alleged admission of the defen
dant, by unintentionally altering' a few
of.: tbe expressions used,! gives- an ef
fect to the statement completely at
variance with what the. defendant ac
"The fact that the defendant deni-s
the killing, and denies any knowledge
of it whatever, does not mean that you
must find the defendant, either gutlty
as charged, or not guilty. . If you find
that Markley killed Fain, but that he
is not guilty of "murder in the first de
gree, as charged in . the information,
you may find him guilty of a. lower
degree than .that charged. If the evi
dence shall satisfy you beyond a rea-
tually did say. On the other hand, if sonabie doubt .of this guilt . or such
you can see from the evidence that the
alleged , admissions were clearly 1 and
enderstandlngty made by the defen
dant, - that, they are precisely identi
fied, and-that the language is correct
ly and accurately reported by the wit
ness, you are authorized I to consider
such admissions or statements for
lower degree of homicide. .The defend
ant is entitled to the benefit of the facts
as you find them regardless of the ac
count, he has given. Tou are not lim
ited to only two verdicts--guilty, or not
guilty but you may Und one of lour.
verdicts: First,' guilty as charged ,n
the information Se:onl. you. may find
what you may deem them to be worth-1 the defendant guilty ot nvitUr in tne;
against the defendant; but in reaching
such a result you must, for the reasons
already given, proceed. with caution.
"The law favors the defendant with
second degree; ..; Third, you may nnl
him guilty of manslaughter, or Fourth
you may find him nnt?u'
For the purposes of tin cc.ss inur-
the presumption that he Is innocent pfj der in the first degree is .defined tofb
longer to be controlled, welled up into
their eyes and coursed down their fe-
any crime or wrong. This, however, is
a disputable presumption and may be
ovtrenne ' by other. - evidence which
hall convince you beyond a reasonable
doubt of the gUilt of the defendamfof
the crime charged in the Information
or of some lesser degree of homicide
necessarily inciuoea inerein.
"Some testimony has been given you
as to the good reputation as a peace
able and law-abiding citizen which the
defendant sustained prior to the al
leged homicide charged Upon aim by
the information. Previous good repu
tation Is not, of itself alone, a defense
against any criminal charge, for good
men are as amenable to the authority
of the law as bad men; but evidence!
on the subject of previous good repu
tation 4s admitted for the purpose of
strengthening the presumption of In
nocence with which the law favors the:
defendant. Herrce, if the evidence, ta-
the killing of another by any person
purposely of deliberate and premeul
tated malice. .-' v ...
. :.Murder in the second degri is I he
killing of another by any person 'pur
posely and maliciously, but without
deliberation and prennlUiUiJii. ; 7
;Murder in ifce seooa-J degree M 0'ho
committed by any one who shaHV, by
an act Imminently dangerous to others,,
and evincing a depraved mind, regard
less of human life, although without
any design to effect the death of any
particular individual, kill another.
'Manslaughter is committed where.
any person shall, without malice ex
press or implied, and without delibera
tion, "upon a sudden heat of passion
caused by a provocation apparently
Insufficient to make the passion irre
buttable voluntarily kill- another. .
"Manslaughter Is also committed by
any person who -shall, in the commis
sion of n unlawful act, without due
voiun tartly
ken altogether, should convince ymi
beyond a reasonable doubt that the de-1 caution or circumspection
fendant Is guilty, you must return a I kill another.
verdict of guilty, notwithstanding his
previous good reputation.
This, being a criminal case, U is
not suffldent for the "State to merely
show better testimony than that shown
by the defendant, or event- to- establish
a strong probability of bis guilt.
"Before you can find the defendant! struct you as to the meaning the
guilty or toe crime cnargea la ise in-1 terms used In that definition.
formaUen. or of any lesser degree of i "Purposely means intentionally
nomiciae necessarily inciaaed therein,! designedly.
jou must oe satisfied beyond reasonable I "Malice means wish to vex. annov
deubt of bis guilt of the crime charged or Injur another, r - :. - -
or of such lesser degree thereof. : - I "Deliberately means to meditate or
A reasonable doubt Is that state of think upon a subject,
the case which, after a carefuf con-1 1 -"Premeditation is ta think -nmn
frtderation and comparisoa of all -Ihel subject or purpose before the nnt t
mrAm9sm laaVM h vUaa fia 4viv J a , wK w -
veredn.l -w, .i,. -r.- ' ' . : " ' "l 7" J .1 wora, premeai-
,n xnax conuion wk taey cannot i tation Is the reflection upon the matter
say tney reet an asiaing conviction of I before hand. , .
"Killing Is causing the death of any
person by any act but for which the ;
person killed would not have died when
he did, .and which is immediately and
directly connected with bis death.
- Recurring now to the "definition of
murder in the first degree. I will
or
"A deadly weapon, is one, the ordi
nary effect of which is to produce!
death or great ; bodily i harm, and ; I
charge you as a matter of law that a
gun of the size. admitted In evidence
in this case, loaded with powder and
leaden balls, 'and so discharged against
the person of another as - to Inflict a
mortal wound upon Jsuch person, would
be a deadly weapon.' The deliberate
use of such a weapon , necessary to
constitute a conclusive presumption of
murder, is the; use or. such . weapon
without cause or provocation real or
imaginary as, for example: If 1 should
at this moment, as we are now in the
court room, take from my desk a loaded
pistol, and deliberately kill, one of the
jury, such killing would be murder;
but this, presumption of intent arising
from, the. deliberate ' use of a deadly
weapon, although conclusive. , will not
raise the crime above the grade, of
murder in the second degree. , By this
is roant that if the prosecution proves
to you beyond a reasonable doubt that
the defendant by the deliberate use of
a deadly weapon killed J. Fain
within this, county and state ,, on or
about June 25th. 1902. and nothing else
is shown, the intent to commit murder
in the second -degree would, be conclu
sively proven; but in order to find, him
guilty of 'murder in the first degree
there must be added to this, proof sat
isfying your minds beyond a reasonable
doubt that there Was deliberation and
premeditation: and it must.be shown
by .the testimony that a design to kill
thn deceased, was formed and matured
in cool blood, and not hastily upon the
occasion.;.-;
'"If the evidence fails to convince you
beyond a reasonable doubt that there
was premeditation ,and deliberation;
and also fails to show by the' same de
gree of proof that the killing, if there
was a killing, was done purposely and
mallrlously, r otherwise constituting
murder in the second degree as I have
defined the same, you will consider
whether or not the defendant Is guilty
of manslaughter. And, If it should ap
pear beyond a reasonable doubt that
the defendant, without malice, express
or Implied, and 'without deliberation
upont sudden heat of passion caused
by a provocation apparently sufficient
to make the passion irreslstable volun
tarily killed J. D. Fain within this
county on or about June 25th. 1302. or
in any other way committed man
Slaughter within the meaning of - the ;
rules I have given, you will find him
guilty of manslaughter. J
'And. If after Considering all the les
tlmony you have a reasonable doubt
as to whether or not the clefcndtti;
guilty of any degree of homicide j wi
snouia tind him not cullty. ;
Aod so, gentlemen, the case is com
muted to you for your consideration
and decision, with the injunction that,
without fear or favor, without yielding
to eiiaer passion or mere sentiment
you as cooj. neutral and impartial
judges of the testimony, render. a ver
dict which shall' be Just and righteous
as between the State and the defend
ant." ,
GREENSATJM'g
DRY GOODS AND miUUtM STORE
; BARG-AINS FOR THIS WEEK "
. Lace-curtains 2 yds. long- .50 n pnir.
Lace curtains 2 yds. long-. $ .75 u pair. -Lace
curtains 3 yds. long . $1.00 a pair.
Lace curtains 3 J yds. lonj-f,-i $1.75 a pair.
Bed spreads; ' largo size .75 each
Bed spjeads, Marseills, worth $2 75 for$1.85 each.
: Lace striped hose al--.. .25 a pah
- Corsets from jw..,. $ .25 uj
Duawts ana iascinaiors irom i. $ .A up. -
Millinery in all the latest styles. Buckles, caha-
shons, feathers, tips, wings,' birds, pon pons, -velvels,
felts, ribbons and laces. You will find this depart-
ment strictly up-to-date, lirst-cl ass in every respect
and reasonable prices. : : ': :. : : .
Greenbaum's Dry Goods Store.
Next Door ,to ifie Postof fice.
302 Commercial st. i " - Salem, Oregon
A
PIANO
The winter evenings are getting
longer and jlonger, and there' will , be
many of them before summer comes
again. Tou need something to help
while away the hours you are kept In
doors. There Is nothing like music to
shorten them and make them pleasant.
You must remember, also, that it is
time your children are getting their
musical education r It will not do to put
It off too long; the younger they begin
the more apt they will be in their
studies. Get them a good piano or
organ now, and make the long winter
evenings merry evenings your chil
dren will look back to with pleasure
long after you are gone.
Times are good now, and you can
easy pay for one. Many are making
their homes nleasant with an instru
ment now. If you are not prepared
Just now to pay for One entirely, I am
prepared to give you some accommoda
tion In time to pay for one. .
GEO. C. WILT i
Dealer In Pianos, Organs and Hewing
Machines; c - ' ' --V ':'r.'--
A TfXAS WONDER '
stood for at least ftvs minutes when
they finally loosened their grasp upon
each other's hands while the brother,
with bowed head and the tears stream
ing down his cheeks, turned and walked
out of the building and straight to h
depot, where he boarded the afternoon
train for home, while, the accused, and
rooyi to be condemned . man.; turned
slowly and sought his dark and lone.
some cell with never a word. ; i
The following is Judge Burnett's
charge to the jury as "rendered In court,
at 1 o'clock yesterday afternoon, in
full: - - . . , . . -,
.- ,!;v Charge to Jury. 1 ' :.l
"Cenniemen of the Jury: You have
patlentty-heard the evidence and argu
ments in; this extended trial and 1 are
now approaching the most Important
duly of the, case, that of determining
upon a verdict. In coming to the dis
charge or nat duty, you are bound un-
aer your oaths as Jurymen, to lav anirt-
Hf PULL TO DATE
LOWENBEItO tc GOING COMPAKT
REiilTS TO THE STATE
; "TREASURER.:
The Lowenberg &. Goinjr Comoanv
yesterday paid the sum of ll.716.C0 Into
tne istate Treasury on account of con -vkrt
labor for the month of -September,
at the rata of 3 cents per hour and
or rent or tne Northwestern
Jt-l foundry plant for the uuarter endln?
-a reaseoaoie uouot may . arise, notl guilty of murder in the flrat dm- . y as zouows:
miy irraa tne erengra oi ine, testimony i c barged In the Information. . you are
on tne pan or tne aerenaant. but also obliged to find that he killed Fain, and
also that he killed him purposely, and
of deliberate and premeditated ma
lice; and you must nnd the existence of
from defects and weakness in the teat!
mony for the State, k
"In this case the State relies upon
Oonviet labor, for SepU lt02.$1.21.6O
! Kent of Plant to Jan. 1, 10J 500.00
Total ..
- x .
...$1.71.0
circumstantial evidence in support of J aU these, elements of crime, purpose.) "
the prosecution In .respect : to such I deliberation.- premeditation and malice
evidence 4t Is a rule of law that if any! and all of them must be so established
reasonable theory consistent with the
Innocence of the defendant can be de
rived from the testimony. It is the duty
of -the jury to adopt that theory and
find the defendant not guilty. , "
The commission of a crime may be
proved, iike any other fact, by circum
stances and wKhout the direct tesU-
that you are satisfied as to allof them
beyond A reasonable doubt.
.- "If you hvo a reasonable doubt as to
the existence of any one of these ele
ments of the crime charged, purpose.
or aeuoeraiion, or premeaitated ma
lice, you cannot Hnd the defendant
guilty as charged. buVrou must find
him guilty f some lower degree of the
him al to
rn on y of any witness who saw the c
currence; but' before you can convict j crime charged, or acquit
tne aerenaant upon circumstantial evl-j gether.
dence. the effect of the circumstances j "Deliberation; malice. "and premedita-
aisctosea oy tne testimony must be tlon, wnen necessary to constitute mur
Goes Lika Hot Cakes.
The fastest selling article I have
in my store,- writes druggist c. T.
crmin, oi uavis, Ky, Dr. King's
Kew . Discovery for Consirmption,
Coughs and Colds, because It always
cures, in my six years of sales It has
never failed. I have known it to save
sufferers from Throat and Lung dig.
eases, who could get no help from doc
tors or any other remedy." Mothers
rely on It. best physicians prescribe It,
and Dr. Stone's Drugstores guarantee
satisfaction or refund price. Trial bot
tle free. Regular sixes. S0e n
ana aismiss from your minds every such, as when taken altogether, shall1 der; In the first degree. . da not arise Lcj cucks; SUtesmia
Job OScs
II AIX'S f J RKAT DISCOVERY. -One
small bottle of I tail's Great DIs-
tvery cures ail kidney and .bladder
i roubles,, removes gravel, cures dla-brfU-s,
sVmilnal emissions, weak and
lame bweks, rhcumatlim, and all ir
regularities of the kidneys and bladder
in both men and women, . regulates
bladder troubles in children. ,, If not
sold by your druggist, will h sent by
mail en receipt ot 11. One small bot
tle la two months' treatment, and will
cure any rase above mentioned. Dr.
E. W. HalL sole manufacturer r. r
Itox C29. SU Iul, Mo. , Send for testi
monials. Sold by all druggists, and a
DR. B. C. STONE'S, drug store, St
lem, Oregon.. .-.'
READ THIS.
Randon, Ore, Dec. 8, 1901.
, Dr. E. W. ILall. St. Inl Mo JLrw-
Slr: I have used your Texas ' Wonder
ior aianey and rheumatic trouble. Its
euecis are wonderful. It ha no equal
m n caeeriuuy recommend it.
ioun iruijr. HARVEY HOWXL
. -
; CURED BY ELECTRICITY
I an important state and 51.9
per cent of its population
is located on
Chicago,, the greatest com
mercial center of the West, Is
best reached from the North
west by this famous rail re ad
The Northwestern
.limited
Daily between MlunearKlin,
rit. Paul snd Chlcas is the
reer of all fine trains
for lowent rales, time o I trains and
full information writu to.
C. J. ORAT. IL L. PISI.EE.
.i T"llnIt'- Oen Agent
214 Alder Ht,, IXtitland, pr. sl
DR. DARRIN, AT WILLAMETTE
HOTEL. SCORES ANOTHER .j
VICTORY.
o wnom may concern: Va, f.
"v.usujDier jui oeea deaf, with i
constant .discharge r,r
disagreeable odor. Her skin
had become a brown color from head
to feet from constipation and liver
trouble. Under Dr. lrrin-.
and medical treatment all her above
irouDie nave disappeared and I am so
Pleased I w ish all to know where to be
cured. W m answer all question by
letter.or person at Jefferson. Oregon.
i MRS. C A. E3TEIJ.
TRUST3 CANNOT STIFLE COMPE
TITION. , ;
It is too early yet to. meantir with
any degree of acuracy the Influence of
the great consolidations upon the fu
ture of the American f Iron ana afoot
industry. ; Two of three thlaas. how
ever, seem pretty clearlv estabtuh
and these are contrary to popular no
tion, jne erst Is that, la the larger.
8mokd Herrtna, per box, 2So.
Deviled' Ham (small) per can, 5o
Deviled Ham (small) cans, 25o ;
Deviled . Ham' (large) per can, 13
Deviled Ham (large) 3 cans, 25.'
- - ' Sardines, per box, 6.
8rdins, ft osns, 25e
Salmon, 3 cans, 25o,
Catsup, pr pt bottU, 15o. '
. CaUup, 2 bottles, 25c
Good' Soda (16 ex. pkgs.) So. '
Good Soda (16 oz. pkgs.) 6 pkgs 25
Washing Powder, 'pr pkg. 5e
fertng us rour butter and egg, Wi
pay highest market price, cash or mer
chandise, .'f.'
M; T. RINEMAN . :
132 State Street. Telephone 1
i - -
lines, there Is not, and can not be, any
monopoly. Competition will be com
paratively free. The smaller manufac
turers will multiply. If the blr consoli
dations flourish, they will fatten. Their
supplies can pot befshut off. They can
use the same miterlals and processes
a their great rivals. Their manage
ment will be often of the same high.
order, for It will come from the men
who bave created and own the business.
The small Independent manufacturer Is
seldom over-capitalized, seldom mort
gaged, and with light fixed charge, he
will. have a flexibility' in the day of
trial which wllf n a lagre decree offset
the powerful advantages possessed by
Ws huge rival In the ownership of raw
materials, carrying facilities, the great
est plants, and unlimited working capi
tal. Consolldatons wlil never eliminate
competition- In the United Ctates.- En
Clncering Magazine, ? - - - -,