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About Capital journal. (Salem, Or.) 1893-1895 | View Entire Issue (June 19, 1895)
fwuiM,., m1vmwvm,wwwiifmQQr$itm JOURNAL. JXA-L 1 X XA.JLJ ' r'.' vol. a. X&. DAILY EDITION. SALEM, OREGON, WEDNESDAY, JUNE li, 1805. DAIL.X EDITION. NO. 0 3MC- "WJSLXZJEZ Sc CO., SALEM, OREGON, AGENTS FOR fata and Crescen I Bicycles QTJR' PRICES FOR GENDRONS ARE AS FOLLOWS vr0 j9 $80 cash. Specials 90 cash, Y- H 0 3 & W -dm ro J 3 M o I I u (0 c U2 I o a eS W cj O O Pi s s s 3 s- to CO " .IS'0 3 e3 UJ .3 CO t i to I a 3 o r. o 3 0) W.SF HV " L- J s w W 5 sgsd Q tf , (fi c i S s 5 .8 & ( 1 1 i ffl i S ALONZO net' SMRTOIM. Uuiui.ii Mini HlikVkid ..r.... ...... ...t- T IUmihIi IM 'f?i' HJ11H Jlttll l flit tun jiw'" yr'' kfiKU ol &C0N0M i,LH Hull! "'i". WTKnVi i nn ail aruaiiti ii-b a J mi Vhnuit. Kowu.1 .rli nu.ii.Htw I 9 Ifflv mi ) , II V I HIM Nirrnwo I, l t Before Judge Burnett of the Cir cult Conrt FOR MURDERING EDWARD SWARTS Synopsis of tho Testimony and Arguments. CM STATIC i4., fcSAIvKMf rWnT.r "".gill'rP-;" FASTEST TIME -,VMf mili in MmMi wwi'l f ii,MiMiNkU' vii-roii U" ' wl.MlMjJUr wliw MMMMMH ZTt mnaiFLOlB Hardw" Wagons, Carts, Ro) MnoWnory ANNAOmOUVr.iWAIMIM-H'. MJM Jiiiw ",'J'W', l"" r' jALtM' OH WOW w r.m. tut and IJUHK BU T I "P" F"" r ' " TUESDAY AFTEltNOON. At 3 p. m, the court mot again to con Blder the case of the etote vn. Bwnrts, ludloted for murder of Edward SwartB, his sou. Eleven jurors had been eo cured and G. W. Ellis was the twelfth man. There was a buzz In the court room and after the Jurors not needed were excused. THE CASE OPENED. Deputy District Attorney A. O. Condlt opened the case to the jury. Ho read tho indictmeut and mated the case as it has been published In The Journal. He related how Bwarts begau a quarrel ith his wife. They ho,d some words tho day bfore over Edward's age, and that evening he ordered her to jjet the family record, threatening If she did not oomply to "shoot her damued head off." He abused the girls because thty bad not given him a bnlfe. When they gave him one ho swept it ofl tho plato and ate his supper with hie pocket knifo Bwarts kept up his abufe and threat ened his wife when Edward said If there was going to be murder he would leave. Ho weut to get his coat, w hleh hung on a nail near the guu rack. As ho went to put It on Bwarts struck at him Willi the pooket knife ho wan iat iUK with. He cut him In tho lde of i... .,.,,.1, r.nm Minpiir down. Ho ulfto struck Edward near the breast and In the buck. The girl separated them and Kdwanl Hank to the door from loss of blood. The Himller boy got one Km uml carried It out of the house. ivxiY. ld ti JiUboy "you were going cotfHu g'iu Ua'j Jt un.vdreii'iyiiu?" Hu thou Mk ilu ll WliichesUT rill ami p iliiie'i It t 13 Uuid, lt the KliU lutfrftirrftt ami pifyle Jl" ihootlug. The IIUl ly carried Uo UtiWil to tlm MulgllU)M. HwarU Interfered will) the glrU waiting oil EJward and would not even allow them to put wet olotlm on iilm, Ho then told how the uociorn had treated lilui l l U'UI " Portlaud where h dlwl April iil. ThU li the aubitsnoe of Mr. (Joudll' case m lie related It, John If, MoNary itatod the cwo fur the defence, HwarU d Edward had been to town all day and had about mvuii drlllka together, They did kut. loewt together and went home d al down to upjMr together, MatUt uu..i. had nult work lii town ft few daya before and Hwarls hd not learntd of U until tit went to town, IIU wlfn knew It hut had not tout mm, mo iow her aoiim men would ulnM lnrhad oil If kin iiPiflwttd to lell uuh thing Koine hot word were heiH ' twaeit Hwart ud lJ eon. Hoou K ! wldlifHlblftiid went t iW e gun, Me Mil' (U)MrtwJ, ftud he juiwH ml &rkM Mm J Hy h' MtuDU. ICdward wm ul eyel Mine with Ui M HMlft III H" trulwiwMMlrt ,,ow " Ihe fti'K uf the w, wvermg Ihv lm iorel ftriery. ,, , . ., T'i- evhlenw would lw 'l ' Uvlfe out ilN IW u ' dwatti. TIM W U""M wa u U'jMry lowr U"wn im m . .,,.1,1- i.u in itiuiiou, Tle vut ))') t-y mii wmwi WW niKhttMw'lk 'I'll wound wi not nm mmih m slilyln'fMf THey ilw( (liu ikut for petrly PJ town. frw nt lyiuif Hi iwwpwl tuMjfi inftde mi IIHWIM MJ "' ''" rieiy, nj'( Um whleliW ,..:,., i iii 'Jim Miiiir ud of Hie j, w, w , aitery hiwmi ifi '-' ":'',;,. ' WM WJ)M l HMftltf "'" "" '"- titjwl ior 'J he Miiijiww '" "" "H MKr lliftll wmm '" '"" .....Jul buuiuiu Hie hfeiU Willi I'll uri when iie-l;uM llh 1 " Mum ell the mlr w "" UaL V ' F ' "" "" ) I ;i C, OOOUAIvK. LUMliiiH rniviv, 0A1L IWRDBN BAGLB Brand ,XOHD))HSifi HM, It was easily operated and, not neces sarily fatal. The boy died from wholly unnecessary operations aud Ions of blood from these operations. Unfortu nately there were no witnesses to this oise but Mr. Bwarts and his children. The children wore poisoned In their minds by ono Frank WankPB, who, from pecuniary motives, was Interested In keeping tho children away from their father and away from couusel for defense. Mr. MoNary's maiden speech In an Important criminal case was delivered to the jury In uu easy and Impressive mauner, and was listened to with the closest attention by all persons in the room. THE TESTIMONY. The witnesses aud expert physicians were sworn, all not physlcluus being excluded from the hall uutll needed. The state ovened lis case by Introduc ing W. J. Culver to provo plat of Bwarts' licuae and arrangement of roomi. Ho explained the pint to tho jury. On orosB-exaniluatlon It was shown that the plut OKI noi reveni the distance from the llwr to wnere the guu hung. Emma Bwarts: 10 years of age; was present at fight between Edward aud his father; when father came homo ho Urst talked to the baby.theu to mother; first thing ho said was about Edward's age; his birthday was the day before, March S28; he was 22; bo disputed that, said ho was only 21;whea Edward first came in thoro waa no disputing; they sat down together aud father said, passing him a plato of meat: "Have somo of my tongue;you'l need it whou you get married." "Vud have plonty left if I did," aUTElward. Tho father said: "Dou't bo sassy, or I'll boot you ofl" the place." Ho told in thor to get tho book and show him how old he wus. fiho was going to do that whon he said ho would "shoot her dimmed head oil If she didn't." Ed wad got up and went to gel his coat, naylug It was tlmo ho vh bootod off the place If there was going to be mur der on the place. Bh then described the etrugglo aa It has been stated. Hh mll. now I'm going to shout ycu. Edward ntld, fchnot away, Wo im.lt hold of the nun and ktrugglcd with him. Wo begged him to ijult quarrelling and put It up. He dr-w tho ourlrldgea out aud gave tho gun to my little brother and t-ld him to take lt,out tu tlm anon and break It up. Hln knife wa a common silted ockot u.iifH. nutrlut Attorney McCain hero Introduced ololhea worn by Edward at t mo of tiouble. Jffdlsplaytd the knife reiitgurnieiits to the Jury, Hhe-laled that they had & good nuny quarrels. (irnv.t. I'hev all nit I" Hi" kltohuu as that was Iho only Uro In III house. 1'ather had been drinking, hud a cranky rpell on; could tell from hie actions mimI talk; could smell ll acted druuki JC I ward wae not drunkj never saw him drink or kutw him to driokj father talked to mother In a kind of drunkeu way& Hut wan quite common for him to come home niai wai ihbh heuud I5dwurd WlUed awhllt'j father est there eating wu) koine word imed mother went out of I he room. j. Didn't ywr UtuUm kU up Irwn lablf, nM Ihe room, go to where the gill) were, lake iiowii nm (hmmkhii, ml ymirMher Interfered ,ml "' ''' A, N, r The ehoigun hung uiwIdi the Winehesler, I'ftlher got down Ihe WlueliMter, Wy llillp brother look down the eboigun end looklt out In He blh'hell. Molher wrirt ul and rtejad -tut Hlilll efler Ihe iloolorMiue ftd went wy. I'ether Km) JMwunl ,M' "'' (,,e gun for teurllfiwn ihIwwiw- lie wm on hl kni4 ud lied !" "f Ihe gui we two girl had lnW4 , when he got the gun he threw the eeitrhlge out end ImmM It lo mt1 nule brother mid lold hlmlw lene u wit t lh ehj iiil hrkltup Waller wrt Delellwl efhlenw u. ii.iiuii.fuiri uivuo, It egrtH In the Oilii wllh the glrl'e elejemenl. Mm lold iheM eiiieibehjy ivwiurt end rtvt fur My U t H. lM IwlweeH llw irf llMllil .,..1 wiihum suiUHg lnr lire tltMttr W wi he ewrml they U lied iwld f lit uii( Mt &" imibwm fr Af MWH m '" "8 "M '"' UtiM t 4ie i WW the wUNtt. uiaili hew UWhMl.ftie ,iu . 'iiiuk wiM e lwl in M uuii l'eilir ui t n 'i'elkej u wilh WeiMi -" IMjmH ww IIUIMftWW W ""! !"' wr . iivumI wUli 44Ml WHM WWW mt it Mmf w m i Lfcut t)mit 9 ' Wiwe , saker, U. R. Brlggs, J. A. Dlokoy, H. L. Itonts, Chas. Cannon, H. Von Bell ron, Geo. Gooding, H. Bt. Earle, L. 8. Thora&B, Michael Egau, G. W. Ellis. Mnttio Bwarts: When her father cinie In that night ho wont to quarrel ing with mother. Hor story then was word for word tho Baroo as Emma Swartp, Bwarta asked Edward If ho didn't take tho gun down to shoot him. Edward said no. Bwarts said ho was a d d liar. Tho gun would have been discharged If my sister had not held her hand below tho hammer of tho guu. Ho threw tho cartridges out and told tho llttlo boy to taKe tue gun out and break It to pieces. Ho didn't wautany ruoio guns around. Matllo was at Ilrst timid but soon got her voice and told her story very mnldlv. Hho reDouted all tho rough lauguago her father used In an cllectlvo manner. Sho employed quite a ura matlo style of dollvory, and throw a ood deal of foico and feeling Into hor story. Tho.two children who testified beforo wero quite timid and showed signs of breaking down. Mattlo 1b a young woman of great norve. Cross ex: Lawyer lord seomeu to aimroaeu this witness timidly. Ho asked questions In a low tone aud very guardedly. Ho handled Matuo very gingerly. Bho Btood cross-examination well aud It was a battle royal between a shrowd sharp woman und a sharp Bbrowd lawyer trying to lead hor to cross herself. Bho and Walter aro exact types, Bho said her brother had his arms In his coat when his father attacked him. Ho waa lurger, stouter and heavier sot thau hor father. Ed ward never touched tho shotgun. My llttlo brother tool; It down from tho wall and took It out. Father goi down tho Winchester to shoot my brother after he had stabbed him. After Waltor came back from Iugor- hoD's he stood on tho floor aud readied down tho shotsun. Ah Ford tried to tingle her up alio showed a good deal of temper. Q. You havo token a great deal of interest In this prosecution against your fathei? Did you ask Mr, Bavago not l(i go your father's ball? Btato objected, Courl : You may oak tho question, Mr. Ford. At what tlmo and placo did vou sneak to Mr. Bavago ubout your father aud what waa It ubout, for the purpose of Hhowlug her feelings. A. I have not epokou to Mr, Bavago Muuu (he trial, Bpoku to Wattless and lltanuliard Ktodped ut same placo, Talktd It over wllh my brother and gUiur. (I t up early i his morning aud tilked with tho district attorney again as lolhdovlileiiuo, Kuril l Hfxllatliig, O.Mirl: ( Jo on Mr, Ford, ' Ford You havo not the heat fee), lugs In the woild toward your father? Mtlt'es I think ho committed n crime and ought to ho puuUhed for It, Dll, DVKI) VXU.Kl), JUIiilid atory as before published, fJot lo Hwarle plaiM at 11 Frlduy nlghl, found In I ury to eldoof face mid neck. had ht much blood, wjw pale and hlttiiulitd, cut wb one luoh to Inch end H half lung, wound Inward und down ward, three luoliee deep, did not nuke h complete examination that night, the wound wae oMM end did not hleed freely, removed part ol clot when It Mud freely, bandaged It up and com Irolhd hemorrhage, nd left Hi next day In the afternoon went out wllh Dr. Hmlihi put hoy under chloroform! riuiMVfd drwlng him! dole when heuit orrhege Ihhii again, Irlwl lo top Mood from preeeure Imiow hutoouid noi; thought we could open It up and gt hold of (he erUry uml lie Hi we Iheii had lo llgele the artery below lue nut and etop Ihe hemorihegrj com mIiiiImI II mut he Hie evleriial neiolid ftilry. W eliHWii phologreph of ait-uilim In imi end edufied to Ihem Ihe cliarl. iuil&Uiit hum Ihe illrMdhm of Ihe wound he mnnimM one of Ihemnln lfHMlir nflhe cerolld nriery wj out or itiineiurMi Uould uni uie o. live Mr !oh I dy lo whel tm w omi. DM not lii'lly Mrlalii . UNr whleh nriery wmiwI. WirN. ilered n we ihe MxUrmil eriery llmt weneni Mini mixhlhe Ihelnlernel aitey, w weeoi Mhw ihe lumxmeof 4ieiWMml HhI ihe common uriery, fighl liiygiMHheierulrier, Jh Hi u win; mi pmwi in ilgete the eMimiwii uuuto vf iheriery if ihe Inirnei eriu utmiiir ineekierner ' I awl, UtM eUme turn U UhI I'fldey night IMeMiiiH 'ha I'Ktllun he hud tn inteune hemorriiene hut It wm I elwiipI lefwre we goi ihire hr Hmilh diMAMi ihe wmiwJ end iiolhliig me- tmiimi (r nuoiher wwh, tmm liel n iitterl mr night erH Mhrr nJJ lit h'l ItenwrrliiKe, The wttutnj i) nhwl, eieiiiitmUliMle wliHf II we iMHetl WM IWWU Iti l'tnuin hf mttwi wjwrcUojj, Hmu w Ihe M Hr iheli hellvyy 14 v& In good faith to savo tho boy; a man's ' nal artery wouldu't It have been proper --l I.IaaiI In nnn.tAiitli ff lila lrrl Mll1 tr tin If ua nanr no inaallilik t r tta I blood Is ono-teuth of bis body; could uot toll how much ho lost; a reourront homorrhago waa caused by tho blood coming through tho distal (or farthest from tho heart) end of the artery. Monday, a week following tho opera tion tho ligature gayo way and came oft entirely. Cross Ex: Lawyer Ford now em ployed Junior couusel McNary to show exaot placo of wound nnd ligature, the dootor Indloatlug tho wound ox teudod across tho cheek bono outside about an luoh; it was ligated four Inches below out. Tho wound would havo to bo diagonally down three Inches to cut tho external carotid ar tery. Could not tolt with flngor if there was an artery cut; tho ligaturo of tho artory out the artery entirely off about tho tenth day; the first hemor rhage from tho distal end In sovon days was from the artery being cut In two by tho ligature; tho vessel separated completely or partially where It was tied; tho homorrhago camo from tho wound wo made in ligatlug tho artory; decldod if tho bleeding oame again we would have to open up tho wound and tlo It again; nouo occurred uutll next Friday; oonoluded It was from the distal end of tho artery wo had tied; wero not certain but that tho blood camo from some smaller blood vessel or vein cut In makluir. the Incision for tho oporatlon; the artery was 2 Indies deep In; It bled half a dozon times beforo wo took him to the hospital; simply had tho hemorrhages tempor arily arrested until wo concluded wo had to tako hlm to tho hospital for a re-llgatiou of the artery; Dr. Byrd made a good witness, kept himself very clear from confusion nnd at tho end warmed up a llttlo and 11 red bade at Mr. Ford so that lawyer cheoked himself Just hi tlmo, Ho direct: Tho eileot of u dot la to obllteruto tho artory whoro tho dot forms. Dr. J. N. ISmllli: Ills tcutlmouy was In sitbsleuce eaino an Dr. Byrd'e. Th9 hemorrhago was bright red nrtor lal blood, coming out in waves, or welling out lu waves like. CrosH-Examluatlon by Ferd: Tho doctora at Portland ligated tho distal ond of the artery, one-half inch below whero It branched, aud half an luoh above whoro wo ligated It; clot forms on both Hi ea of tho llgoreturu from where It la tied toward the uext branch above and below; when tho eooond operation waa mado by Dre, MoKonzle and Jones at I'ottlaud, It waa found tint bleeding was from above whoro wo tied It; after ho was operated upon at Portland ho got numb on ono aide, Going buck) All Indications wero that external carotid was cut: ao tcttifled before uttlce Byrd did name; ligatlug external carotin llio ciianot or utuin would have been ten or fifteen fold he than ligatlug cemmoii carotid) Ihe doc tor at Portland were not certain what artery they were tying) they Juet took up tho ouu that wm blooding) that was determined after he won dead, thai Itwae (he external that wattled) It wa not ancertalued on the uquot what artery wm cully (he original wound, Adjournal to JilOp, m, The elaie'e next wltueie wae JS, 15, (Jooiier, deputy eherlll, Who IdeutllUd Ion Hwarlt' pockelknlfe, Dr. Join, phyelulau at Hi, Vincent' liotpllel letllfivd for elate; uaw JCdwerd at i) o'clock wllh Dm, Mulfeiule ami Hmllb; he wae ple, emaolutedj & hituMi dbfirihed wound opening down into the mvk Urge enough lo admit two flnMri made by operation, eupjtowl (here was largo blood vwl bluidllng through Ihla ojwulnii put to lip by auuAlhello, oiiliig ut lending Mood vwl oould be Ml) could not find Ihe vimmI at ilrt, lmn4d ihe two wound (hat were narilyheaMi (he blood wine fmm wvv, rlerll hlood from Ihe rllelal eml of Ihe arleryj wm Iho now moo, or Inlenial end ol Him aiury, we did not knew whlehi wax ceufcwt wheu ihe llyaiurtr llrt madcMit through. Ihe ot rnoriem howed lhailhv flounuun larotnlhad livtn nhllierftil by ihv )il Hgeiiire. (lm'Hi There were protein a htjtv iiuinNr of we)lMlil lediee who M'k a dwqi iniMMi- Jr imm made ft ool wllnw under Fwfd'e eh IMrlainl under Weill eeltM(tUutl Wlllwui eiiulhelltwef uy ori(ihe uiii-fyhe Ml wllh hi f)Hlr mm a Ig6 a the Dp of hi MWlg wllh willed lie mqd H. VufA II yuv w-wUo l llMlhet'l'lvr' ommi'ni'mTiimHwmiiimmw ti to tlo It hb near as possible to the wound abovo the wound ? Dr. Jonea: I' It was far enough from branch; It should bo one-fourth Inch; tho temporal artery could be tlod any where; smallor tho artory, less chance from dduth from ligation. Dr. McKenzIe: Described facta eamo foregoing. Deep nucccsslvo Incisions bad to be made to got hold of the blood vessel; If punctured near fork of artory, ligation must bo mado bolow on main artery; Byrd and Bmlth made ovory honest eflort to savo tho boy's life; no plug slug up of wound would havo saved him; tho autopsy showed that ho blod to death from tho distal ond of tho carotid artory, a short dlstanco below tho point where It branched, Cross-Ex: If tho external carotid woro out and you tlod tho common carotid, tho blood would bo forced around abovo and out of auy out; be sides tylug tho common artory, you'd nave to tlo auovo, too. Dr. Ames: Mado autepsy: found carotid had bnou tlod twlco; could not tell where original wound was, or what blood veraol was Dunaturcd: brain was soft for want of blood supply. ii. A. Wauiess; lteiatou to ttwarts; went to Portlaud with tho boy, waa presoiit at death; he said ho wo uld as soon dio lu Portland aa die here; cross examination. State rested. TIIEUEFENSK. Dr. Hull: Heard testimony, took chart showing by red murks original vouud aud wound mado by phy sicians to tlo carrotld; that tie would uot stop blood Mowing out ofwound abovo tho llgeraturo If temporal artery wero wounded, tlo It up; tho external was twlco as largo, tho carotid twice as largo au that; ordinar ily thu external carotid If cut should bu lied on each sldu of the cut. As this report closes tho first wituesj for tho dofoiiBO Is still on the stand. Tho caso will hardly bo concluded beforo Friday! SHORT $20,000. to Omaha's Oity Treasurer Proves Be a Defaulter, Omaha, Juuo 10. City Treasurer Hoary Hollm U a defaulter. Expert a aro cheeking his hooka. Tho faota of tho shortage" becamo known Tuesday morning and Bollluatouoo disappeared leaving a note to his family saying that tho hour had come for him to die, Ille bondsmen, who arc liable to the mount of 11,000,000, set tlm pollco to looking for thu man, Lent night ho wm located lu u suburban roadhouee, drunk. Ho was heavily armed ami wheu thoolllwra appeared heMtemptod to draw u revolver with which ho de clared ho Intended to end hi life. Jfe surrendered without ti struggle, Ho la now In hi houdmen'M hand, They aneert they will give htm a chance and will eettlo hi shortage In full, lioltln haa hoeri drinking heavily of late and Jim alo Iot mouvy In Uhk HKoulatloii, Afler ah ii rrled chucking of Jlullliiftooount Comptroller D!en re portaeborUguof tf)MH ouUlde lhj amount ld to he lacking In the Mid I.....I ....... I.....I. Ili ill... lkl.lt lilu.iii. IKIIII IHI MHI'Kl ' 1IVIIV wm-jRij ludlualwl lliat llolllu had Jll,'W tie lulled (here, while the actual Uwpolt WMouiy im,uiv, A iituio lynched, Mkmj'HM, June u.-I'Maeuiiera on the Illlnol Central repoit (hut an n known negro vn lynuhed at Abhey ylle,MlM., laet night lor an attempted criminal ewauU on the wl'e of ft eeellon foreman. Thenegm wm huwlMv KUgraphiMileftiid riddled with hulieU Iiow JiuJt, Nhw Yomii, une iw. Police ! epeotor Mohaughlhi ha Mn aenlimwl pi l moriilu itiipltonmeui at Kinif Hlng. Hot In Ualifuruifc. WM JiwHi Uah. Jnne IV. 'Im lhr mvmeter rauuwl iw Jn Jhe ahudo 6 mm I'Mley, (he hlMliMt ilnl in tho year, A ft leu!l, fruit l l)wiln fwU '" ru MAHHiiru. June l. "Wheal, mU Yfrhiy UnWAthL nit my nu I'Mli'iMith, J one Jtr, WliMtt MhejMi WHllM Wlll4l. HW I'MAMWaiaUMIielK -Wln.fr,i Hm ymn, I Juuv W. Wlvw Pi jd. i m iHmfi"H' "It'''' ' Jtnl JfMlil Of e'l n J-ei"toj I'MWr I ' ' Baking UiloUMt RoVal B. ilk WW AMMk n i i COBURG lim No .... uitkit nici'O'J mw ww'i ImmmJi&i "mMm Aawwnuut;,v whuK 'Mt r